celebration of the marriage.
Art. 77: The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.
(Oral marriage settlement is VOID)
Exception under Article 66 and 67: Revival or adoption of new property regime when those legally separated have reconciled.
Exception under Article 128: in case of abandonment of a spouse other spouse can petition for receivership or administration of properties or judicial decree of separation of properties
Exception under Article 135: Further grounds for judicial separation of property
Exception under Article 136: voluntary and verified petition in court of both spouses to modify regime into separate community of property regime.
Art. 78: A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.
- Now a minor or a person below 18 years old cannot contract to a marriage. An 18-year-old person deciding to get married can execute a marriage settlement without obtaining consent.
Art. 79: For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been
pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto.
- It is mandatory that a person with civil interdiction must have a guardian appointed by the court to be involved in making the marriage settlement
CIVIL INTERDICTION: deprives the offender during the sentence, rights in marriage, parental rights, and administration of property.
Art. 80: In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and
3.With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.
Extrinsic validity: The form of the contract has to follow whatever is the law in the country for changes to be made (change title etc.)
Art. 81: Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid.
- The reason for the marriage settlement is the marriage itself thus if it does not take place the marriage settlement shall not be valid.
- The provisions in a marriage settlement are separable thus if there are provisions which are invalid then only the invalid provisions will be ineffectual while the rest will be enforced.
* Donations in marriage settlements are revoked by operation of law.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76 Those not written, signed and made before the
celebration
Article 76 Those that stipulate that neither local custom
nor absolute community of property will govern without stipulating any other kind of property regime.
Article 80 Those made by a person upon who a sentence
of civil interdiction is given Exception: unless a guardian appointed made by a competent court is made party thereto
Article 81 Those stipulated in marriage settlement or
contracts made in consideration of marriage (donations) will be void if marriage does not take place
Exception: stipulations that don’t depend on the celebration of the marriage shall remain valid.
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third parties. If registered third parties cannot go after conjugal property
Exception to third party rule: If indebtedness benefited to the family then can go after community of property.
No marriage settlements:
Absolute community of property.
If there is no marriage settlement:
1. If property is registered then spouse is bound by mortgage
2. If property is not registered then property is impaired and the debtor looses period of loan.
Exception to impairment of property: if debtor immediately gives new property equally satisfactory or get consent of X to the security or collateral already established, then he does not loose period of loan.
DONATIONS
Art. 82: Donations by reason of marriage are those, which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.
Art. 83: These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.
Art. 84: If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession
DONATIONS PROPTER NUPTIAS:
1. Donations are to be made prior to the celebration of marriage
2. Must be made in favor of 1 or both of the spouses.
Can be made by a third party in the settlement.
Donation between spouses:
1. A valid marriage settlement must stipulate another regime than Absolute Community of Property (ACP)
2. Donation cannot be more than 1/5 of the present property of the donee spouse.
3. Must be accepted and comply with other.
Exception: 1/5 rule will not apply if donation is in a separate deed, provided he has enough to support himself and those relying on him.
Procedure--Movable:
1. Accepted personally or representative
2. Made in lifetime of donor and donee
3. Can be orally given as long as with simultaneous delivery or document representing right of donated (if above 5000 then must be in writing)
Procedure--Immovable:
1.must be in public document 2. Acceptance made in that document or separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
and the formalities of wills. 1. Made in favor of the spouses after the
celebration of the marriage 2. Executed in favor of the
future spouses but not in consideration of marriage 3. Granted to persons other
than the spouses even though they may be founded on the marriage.
Article 85: Donations by reason of marriage of