Article 85: Donations by reason of marriage of property subject to encumbrances shall be valid
2. If amount is not more than it will still be separate
property subject to reimbursement to CPG.
(Ownership will vest upon reimbursement)
Art. 123: Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling
divided (unless MS or waiver)
8.Delivery of
presumptive legitimes 9.Conjugal dwelling Article 130: in case of death the liquidation proceeding will be in the same proceeding as the settlement of the estate of the deceased. (Same application as in ACP article 103) to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them.
whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property.
CPG Art. 110: The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.
- Each spouse is to retain ownership,
administration, possession and enjoyment of their exclusive properties.
- Administration includes entering into contracts, engaging in litigation, and collection of fruits, profits and income arising from separate property.
- The owner spouse can transfer administration of the property not only to the other spouse but also to any third person without the consent of the other spouse.
CPG Art. 111: A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.
Art. 112: The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.
- Art. 111 is no longer necessary, as the age of marriage is also the age of emancipation.
- If the owner-spouse alienates his property the administration by the other spouse over such property will cease and the proceeds will go to the owner.
- The owner-spouse cannot revoke a judicially approved administration by the other spouse of his property by alienating it. Thus to alienate the property he must get the consent of the
administrator-spouse or court approval.
CPG Art. 113: Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.
- The donor may donate whatever he wishes to whomever he wants. Thus he may donate a piece of property to both spouses jointly or may specify how much of the property should go to the husband and how much should go to the wife.
ACCRETION: addition of property to another property
Art. 114: If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.
Art. 115: Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.
General rule: in a joint donation one cannot accept independently of his co-donee unless it is stipulated or unless it is between husband and wife.
Ex. D donates land to H and W who are married. D donates 1/3 to W and 2/3 to H. If W does not accept the donation it will be considered added on to the share of the husband. However if it is a specific designation such as H will get a car and W will get a horse, accretion will not apply.
- In the case of wills for accretion to take effect, the nature of the inheritance must be pro indivisio (not divided, the terms ½ or in equal shares is does not make it divided).
CPG Art. 124: The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)
- Any alienation made by either spouse without the consent of the other is invalid.
- In case the husband disposes of property over the objection of the wife, the wife may file a case to annul the entire contract or part of it.
Art. 125: Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal
partnership property for charity or on occasions of family rejoicing or family distress.
Separation of be voluntary or for sufficient cause.
(Can be stipulated in MS which shall govern and FC will only be
- They own everything separately but still liable for family expenses in proportion to their income or in default thereof in proportion to separate prop. But liability to their creditor is still solidary.
Article 135: Sufficient cause for judicial separation of property:
1. Civil interdiction 2. Absentee spouse
-2 years from last news about absentee, or 5 years if an administrator has been left.
3. Loss of parental authority decreed by court (termination or deprivation not mere suspension)
-Over legitimate or illegitimate child whether of previous or present marriage
4. Abandonment or failure to comply with his or her obligations
5. Abused power of administration 6. Separation in fact for at least 1 yr Art. 137: Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children.
Art. 138: After dissolution of the absolute
Article 136: Voluntary Separation
-Spouses may agree on the separation of their properties with court approval, no reason needed. (But if reason is stated and it is against public policy the court will reject it) -Division of property must be equal unless there is a different proportion agreed in MS or waiver.
-Takes effect after judicial order of decree (not signing of agreement)
-Creditors will be listed in petition and notified) -In process delivery of presumptive legitimes is not necessary.
*Art. 142: Admin of exclusive prop of either spouse may be transferred by court to other spouse or if not qualified to another person when:
1.spouse becomes the guardian
2.the other is judicially declared an absentee 3.civil interdiction
4.fugitive from justice, hiding as an accused
Art 143: If the couple wants a regime of separation of property they have to enter into a valid marriage
settlement prior to the marriage stipulating such regime.
Art. 145: Administration is left with each spouse with regard to his/her own property without the need for the consent of the other. Earnings of each shall also belong to each spouse.
Art. 146: Both spouses shall bear the family expenses in
Revival:
order) as separate will be ACP
community or of the conjugal partnership, the provisions on complete separation of property shall apply.
Art. 144: Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community.
proportion to their income or their separate property.
Liability of spouses to creditors to family expenses are solidary (they are both liable to the creditor for the whole amount if the creditor seeks it from one of them. Such spouse is entitled to reimbursement from the other spouse).
* Even if there is an agreement on proportion of sharing etc, it wont affect the creditors.
contributed
2.those to be retained as separate capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under 18, bigamous marriage
2.live exclusively with each other as husband and wife 3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity, reappearance of wife, non-liquidation of property, absence of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal shares
2. Property acquired with exclusive funds is owned by them exclusively
3. Property acquired through work or industry governed by co-ownership
4. Property acquired while they live together will be owned by them in equal shares. (Contribution can be in the form of care and maintenance of family, household)
5. Fruits of separate property not part of co-ownership
6. Conjugal home will be owned equally.
-Can’t encumber or dispose of his/her share without consent of the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT cant waive any interest in co-ownership
favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants 3. Absence of descendants, innocent party Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of solemnizer, license, marriage ceremony.
Marriage without unions (governs void marriages)
Art. 148: In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith
Requisites:
- Cohabitation not falling under article 147.
Structure:
- Parties are co-owners of property acquired during cohabitation only upon proof that each of them made an actual contribution.
1. Salaries and wages are separately owned; if either is married the salaries go to that marriage.
2. Property acquired by the money of one, belongs to that person exclusively
3. Only properties acquired by both of them through joint contribution will be owned by the in common in proportion to what they gave (money, property, or industry – but cant be mere care and
maintenance of family/household). (Presumption is that shares over property owned is equal shares but can be rebutted through proof showing otherwise.
4. If one of the parties is validly married, that person’s share in the co-ownership will accrue to the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants 3. Absence of descendants, innocent party - If both are in bad faith they shall be considered as in
good faith and their shares shall go to them.
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency - Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
THE FAMILY AS AN INSTITUTION
Art. 149: The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are
governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect.
- Paramount importance is given to the family as provided in the 1987 constitution.
- Family relations are governed t law and no custom or practice destructive of the family will be
recognized.
Art. 150: Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among brothers and sisters, whether of the full or half-blood.
Art. 151: No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code
- Any person not included in the enumeration cannot be considered as within the term “family relations.”
- Before a suit can be filed by people belonging to the same family as provided in Art. 150, earnest efforts must be made to settle the case amicably.
*Earnest effort s meant for civil actions only.
The following are excused from criminal liability (only civil liability incurred) for theft, swindling or malicious mischief:
1. Spouses, ascendants, and descendents or relatives by affinity in the same line.
2. The widowed spouse with respect to the property of the deceased BEFORE someone else possess it.
3. Brothers and sisters and brothers-in-law and sisters-in-law if they are living together.
Exemption is not applicable to strangers participating therein.
Prescription does not run between husband and wife, parents and children during the latter’s minority or insanity, and between guardian and ward during the guardianship.
Exception to earnest efforts:
- Earnest effort is not required if included in the suit between family members is a stranger not of the same family.
- Does not apply to cases, which may not be compromised.
- Does not apply to settlement of estate guardianship, custody of children, and habeas corpus
THE FAMILY HOME
Art. 152: The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.
Art. 153: The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law.
- Home is deemed constituted form the time it is actually resided upon and occupied by the family.
No need for judicial or extrajudicial requirement, deemed constituted by operation of law.
- There must be the element of permanence (thus a boat on water cannot be considered a family home) - Must be constituted by both husband and wife
jointly, the unmarried head of the family, or the occupancy of beneficiaries in a home can be constituted as a family home.
- The family home is exempt from execution, forced sale or attachment as provided by law
* Exemption from execution is not absolute as it is subject to certain limitation such as indebtedness in certain instances (to be discussed in the next articles)
Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person who is the head of a family; and
2. Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who depend upon the head of the family for legal support
- The actual occupancy of the beneficiaries in a home may constitute the same as a family home as long as they have the consent of the husband or wife who own the house and lot even if the owners do not reside in them.
Art. 155: The family home shall be exempt from execution, forced sale or attachment except:
Art. 155: The family home shall be exempt from execution, forced sale or attachment except: