Vous êtes sur la page 1sur 17

JENNICA GYRL G.

DELFIN NOTES
TITLE I. MARRIAGE is a written permission issued by the civil registry
Article 1. MARRIAGE IS (SPMLC) general to the contracting parties authorizing their
1. A Special contract marriage before any authorized solemnizing officer.
2. Of Permanent union marriage license issued after the marriage constitutes
3. Between a Man and a woman the marriage void.
4. Entered into in accordance with Law presence of the license must be at the time of the
5. For the establishment of Conjugal and family life celebration of the marriage.
MARRIAGE CEREMONY
DISTINCTIONS BETWEEN AN ORDINARY refers to the solemnization of the marriage
CONTRACT AND A MARRIAGE CONTRACT: NOTE:
(OMBI) Marriage certificate is not an essential or formal
1. Only a man and a woman can enter into the requisite of marriage, however, it is the best
contract of marriage. In an ordinary contract, evidence to prove the marriage.
there can be two or more parties and the gender is Failure to sign the marriage certificate does not
not material. invalidate the marriage
2. Marriage is a permanent contract, it can only be
dissolved by the death of the other party unless it Article 4. THE ABSENCE OF ANY OF THE
is annulled or declared null and void by the ESSENTIAL OR FORMAL REQUISITES SHALL
courts. An ordinary contract is terminated upon RENDER THE MARRIAGE VOID AB INITIO AS
the expiration of the term of the contract. STATED IN ARTICLE 35 (2).
3. Breach of an ordinary contract gives rise to an A DEFECT IN ANY OF THE ESSENTIAL
action for damages, while breach of the REQUISITES SHALL RENDER THE MARRIAGE
obligation of husband and wife does not give rise VOID AB INITIO AS PROVIDED IN ART. 45.
to such action but the laws provides penal and AN IRREGULARITY IN ANY OF THE FORMAL
civil sanctions therefore. REQUISITES SHALL NOT AFFECT THE
4. In ordinary contracts, the agreement of the parties VALIDITY OF THE MARRIAGE BUT THE PARTY
has the force of aw between them, while in OR PARTIES INVOLVED SHALL BE CIVILLY,
marriage, the rights and duties of the parties are CRIMINALLY AND ADMINISTRATIVELY
fixed by law and not subject to stipulation except LIABLE.
in marriage settlements. Requisite is absent whether Void from the beginning
essential or formal
Article 2. NO MARRIAGE SHALL BE VALID, Essential requisite is Voidable meaning
UNLESS THESE ESSENTIAL (INTRINSIC) defective Marriage is valid until
REQUISITES ARE PRESENT: (LC) annulled
1. Legal capacity of the contracting parties who are Formal requisite is Marriage is valid but the
male and female defective or suffers from party responsible for the
2. Consent freely given in the presence of the any irregularity irregularity shall be civilly,
solemnizing officer. criminally or
LEGAL CAPACITY administratively liable
must have the necessary age and consent of the parties A party who contracts a second marriage before the
in certain cases. former has been annulled or before the absent spouse has
There must be no impediment to marry each other such as been declared presumptively dead is guilty of BIGAMY.
a prior existing marriage or certain relationships by Article 5. LEGAL AGE FOR MARRIAGE
affinity or consanguinity Former age was 14 for female and 16 for male. However,
CONSENT Family Code, changed it to 18 years old for both male and
it must be free and not the result of force intimidation female.
or threat. Additional requirement under Article 5 are:
1. Both parties must not suffer from any legal
Article 3. THE FORMAL REQUISITES OF impediment mentioned in Article 37and 38
MARRIAGE ARE: (AVM) 2. Obligated to comply with other essential and
1. Authority of the solemnizing officer formal requisites
2. A Valid marriage license except in the cases Article 6. NO PARTICULAR FORM NEEDED FOR
provided in Chapter 2 of this title. MARRIAGE CEREMONY
3. A Marriage ceremony which takes place with the WHAT IS NEEDED?
appearance of the contracting parties before the 1. Personal appearance by the contracting parties
solemnizing officer and a personal declaration 2. Before the solemnizing officer and a
that they take each other as husband and wife in 3. Special declaration that they take each other as
the presence of two witnesses of legal age. husband and wife

AUTHORITY OF THE SOLEMNIZING OFFICER OTHER REQUIREMENTS IN THIS ARTCLE


even if the solemnizing officer was not authorized, the WILL NOT RENDER THE MARRIAGE VOID
marriage is still valid, provided that either or both of the EVEN LACKING
contracting parties believed in good faith in the authority 1. There were no witnesses to the marriage
of the solemnizing officer to solemnize marriages.
MARRIAGE LICENSE
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
2. The parties did not orally declare before the From August 3, 1987 December 31, 1991,
solemnizing officer that they take each other Mayors were not authorized to solemnize
as husband and wife marriages (marriages solemnized within this
3. There was no marriage certificate or contract period are void and incurable)
NOTE: What is needed in this Article is found in Article From January 1, 1992 present, mayors are
3(3) which is the appearance of the contracting parties now allowed to solemnize marriages by virtue of
before the solemnizing officer. Absence of that renders the Local Government Code
the marriage void. Acting mayors may solemnize marriages
RATIONALE: To prevent the recognition of common Article 8. SPECIED VENUES OF MARRIAGE
law marriages supplemental to the provisions of Article 3(3)
Marriage by proxy is void. 1. If JUDICIAL OFFICER, the public
Exception: If solemnized abroad and valid there as such, solemnization can only be performed either in the
it also valid in the Philippines. a. Judges chambers
b. In open court
Article 7. PROPER PERSONS TO SOLEMNIZE 2. If RELIGIOUS SOLEMNIZERS, the marriage
MARRIAGES must be celebrated in the church, chapel or
1. Members of the judiciary temple.
to solemnize marriage within their territorial 3. If CONSUL, in their respective offices abroad.
jurisdiction as defined by the Supreme Court. If Violation of the provision will subject the
performed outside their jurisdiction, the validity solemnizer to criminal and administrative
of their marriage is not affected but Judge will be sanctions.
administratively liable. NOTE:
2. Priests, rabbis, ministers of any church Marriage is still valid even if solemnization was
REQUISITES: not conducted in venues mentioned above
a. Duly authorized by their respective provided it is within the territorial jurisdiction of
churches or sects the solemnizer.
b. They must be duly registered with the A marriage solemnized by a Judge on a Sunday
Office of the Civil Registrar General where there is no office is invalid.
c. They must act within the limits of their EXCEPTIONS:
written authority from their churched or 1. Marriages contracted in articulo mortis
sects 2. Marriages in remote places
d. At least one of the contracting parties 3. When both parties formally request the
belongs to the solemnizing officers solemnizing officer the celebration of the
church or religious sect marriage in a different place designated by
NOTE: them in a sworn statement to that effect
If solemnizing officer is not under a religious premised on a valid reason.
sect, there is irregularity but shall not affect the Marriage can be solemnized outside the judges chambers
validity of the marriage. However, solemnizing or courtroom only in the following instances
officer will be civilly, criminally or 1. At the point of death (articulo mortis)
administratively liable under Art. 4(3) 2. In remote places in accordance with Article 29
3. Ship captain and Airplane Chief 3. Upon request of both parties in writing in a sworn
can perform only marriages in articulo mortis statement to this effect
between passengers and crew members while the NECESSARY PROOF OF EXISTENCE OF FOREIGN
ship is at sea or the plane is in flight or during MARRIAGE WHICH MUST BE ESTABLISHED
stopovers at ports of call. 1. The applicable or pertinent provisions of the
ARTICULO MORTIS marriage at point of death foreign law on marriage
4. Military Commanders of a unit 2. Celebration of the marriage was done in
can solemnize marriages in articulo mortis compliance with these provisions
only between persons with the zone of military Article 9. MARRIAGE LICENSE
operation in the absence of the chaplain The contracting parties must apply for marriage license
The military commander must be in the city or municipality where either or both them
commissioned officer, not a mere corporal or habitually resides.
sergeant. He must at least have a rank of 2nd License issued in a different place from the habitual
lieutenant residence of the contracting parties does not invalidate the
unit must be battalion and not just a company marriage. However, if application for license was made in
NOTE: Commander-in-Chief cant solemnize marriages bad faith in the improper civil registry, the parties can be
because he is not a military and fact a civilian liable for violation of Article 350 of the Revised Penal
5. Consul general, consul and Vice-Consul Code. If registrar is in fault, he can be charged criminally
can solemnize marriages but only between and administratively.
Filipinos abroad who need not be permanent valid for 120 days
residents therein EXCEPTIONS:
Consuls on home assignment in the Philippines 1. Marriages in Articulo Mortis
may not solemnize marriages 2. Marriages in remote places
6. Mayors 3. Marriages of people who have previously
cohabited for at least five years
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
4. Religious ratification of a legal marriage b. Divorce Judicial Decree of Absolute
5. Marriages among Muslims or among Divorce which refers to a foreign divorcer
members of the of the ethnic cultural c. Annulment of voidable marriage judicial
Communities solemnized in accordance with decree of annulment
their customs, rites and practices d. Declaration of nullity of a void marriage
judicial declaration of nullity
Article 10. FILIPINO MARRIAGES ABROAD NOTE: in case the DEATH CERTIFICATE cant be
Applicable only when Filipinos are domiciled or secured as when the death is due to an airplane crash
sojourning abroad. where the passengers can no longer be identified or he
There is still a need for a marriage license bodies could no longer be recovered, an AFFIDAVIT to
The consular officer shall take charge of the issuance of that effect will suffice.
the license and shall perform the duties of the local civil
registrar and of the solemnizing officer with regard to the Article 14. WHEN A PARENTAL CONSENT IS
celebration if the marriage. Otherwise, marriage is REQUIRED
invalid. NOTE:
If marriage is solemnized without the parental
Article 11. NECESSARY INFORMATION MUST consent required in this article, the marriage is
BE SPECIFIED IN THE MARRIAGE LICENSE VOIDABLE.
The oath to the application shall be administered by the Parental consent is required if either is above 18
Local Civil Registrar with whom the application for but below 21.
license is filed and the parties are required to file a If applicant has already been emancipated by a
separate sworn applications because the data that they will previous marriage, although still below 21 years,
state under oath are different he or she no longer needs a parental consent.
Even if the parties falsify the information given in their The parental consent may be in a form of a sworn
marriage application, the marriage license will still be statement acknowledged in the presence of two
valid if issued by the local civil registrar of the place witnesses before any official authorized to
where the application is filed, but the party who gave the administer oaths or the parents or guardian may
wrong information would be civilly, criminally and appear personally before the local civil registrar
administratively liable. and accomplish the written consent before him.
if the local civil registrar knew about the falsification The parental consent must be for the child to
and still issues the license, he shall be civilly, criminally marry a specific person, it cannot be consent to
and administratively liable but a marriage solemnized marry anyone.
pursuant to said marriage license will still be valid.
Article 15. WHEN PARENTAL ADVICE IS
Article 12. DUTIES OF THE CIVIL REGISTRAR REQUIRED
1. Upon receipt of the applications for the marriage any contracting party who is between 21 and 25 years
license, the local civil registrar will require the old.
presentation of their birth certificates and must be sought not only for the good of the future
baptismal certificates duly attested by persons groom and bride but because the obtaining of such is in
having custody of their original. recognition of the duty of the son or daughter to his or her
2. Unable to present the above mentioned parents
requirements, parties may furnish the registrar lack of parental advice or an unfavorable parental
their current residence certificates or a sworn advice does not bar the marriage from taking place. It
statement of two witnesses of legal age preferably merely suspends the issuance of the marriage license
close relatives setting forth the required data. the three month period is computed from the
EXCEPTION: completion of the 10 day publication of the application for
1. When parents themselves come and swear to marriage license
the correctness of the lawful age of the marriage is void if married without a marriage license.
contracting parties. However, marriage is still valid without required parental
2. If by parties looks alone, the local civil advice but they will be criminally, civilly and
registrar is convinced that either or both of administratively liable for falsifying their marriage
them have the required age license
NOTE:
There are three certificates mentioned in this Article 16. CERTIFICATE OF MARRIAGE
article birth, baptismal and residence COUNSELING
certificates as a requirement, the marriage counseling is done by
This article does not apply to parties who had the priest or imam or minister or a duly accredited
been previously married marriage counselor
required where there is parental consent (18 21) or
Article 13. PAPERS TO BE PRESENTED BY THE advice (21 25)
APPLICANT WILL DEPEND UPON THE CAUSE lack of marriage counselling is the suspension of the
OF DISSOLUTION OF THE PREVIOUS issuance of the marriage license for three months
MARRIAGE
a. Death Death Certificate

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
if only one of the parties needs parental consent or before they can obtain a marriage license, they must
parental advice, the other party must be present at the submit a CERTIFICATE OF THEIR LEGAL
counselling. CAPACITY to contract marriage which must be issued
by their respective diplomatic or consular officials
because of the general principle that the legal capacity of
Article 17. POSTING OF NOTICES foreigners is determined by their national law.
this is the ten day waiting period for the release of the A divorced foreigner can be issued a marriage license
marriage license to marry again in the Philippines provided he can present
posting of the application for the marriage license the CERTIFICATE OF LEGAL CAPACITY which
under this article is indispensable to the issuance of the means that his divorce is recognized by his own country.
license If the foreigner is STATELESS or a REFUGEE and no
marriage solemnized without complying with this embassy or consular office from which he can get the
provision and on the basis of such license will be certificate, it is enough that he executes an affidavit
criminally, civilly and administratively liable. stating the circumstances showing h capacity to contract
reason for posting is to inform the public of the marriage.
intended marriage and any legal impediment thereto, they if the certificate of legal capacity is absent, there is
may inform the local civil registrar about it. irregularity which does not affect the marriage.
CERTIFICATE OF LEGAL CAPACITY sufficient to
establish the legal capacity of a foreign national
Article 18. IMPEDIMENTS TO THE MARRIAGE
In case of any impediment coming to the knowledge of
the local civil registrar: Article 22. CONTENTS OF MARRIAGE
1. He shall note down the particulars thereof and his CERTIFICATE
findings thereon in the very application for name, age, sex, citizenship of the parties who have
marriage license itself secured a parental consent or advice, time of celebration,
2. He shall issue the license after the completion of proper marriage license and copy of marriage settlement
the period of publication unless otherwise MARRIAGE CERTIFICATE
ordered by a competent court. Any interested not a formal or essential requisite but the best evidence
party or the registrar himself may seek the courts to prove a marriage exists
intervention for the purpose failure to sig marriage certificate shall not render the
NOTE: marriage void
Marriage License Marriage Certificate
Notice to the local civil registrar of any Authority to celebrate the Marriage contract
impediment to the marriage shall not marriage
prevent the issuance of the license after
the 10 day publication unless otherwise Article 23.
ordered by a competent court upon the FOUR COPIES OF THE MARRIAGE CONTRACT /
petition of the civil registrar at his own CERTIFICATE MUST BE MADE AS FOLLOWS:
instance or that of any interested party. 1. The original copy shall be given to either of
the contracting parties
Article 19. LICENSE FEES 2. The duplicate and triplicate shall be sent not
GR: Minimal prescribed fee for the issuance of a license; later than 15 days after the marriage to the
no other fee or tax shall be collected to discourage local civil registrar of the place where the
common law cohabitation marriage was solemnized
EXCEPTION: Indigent parties those who have no 3. The quadruplicate shall be retained by the
visible means of income or whose income insufficient for solemnizing officer together with the
their subsistence marriage license
It is the duty of the solemnizing officer to furnish
Article 20. EFFECTIVITY OF MARRIAGE copies of the marriage contract
LICENSE
Valid for 120 days from the date of issue which is valid Article 24.
in any part of the Philippines and is deemed automatically the preparation of document and administration of
cancelled at its expiration date if the parties have not made oaths by the local civil registrar in connection with
use of it marriages are all free from fess and documentary stamp
civil registrar has no authority to extend it effectivity tax.
marriage beyond the 120 days lifetime of the license is
void Article 25.
FC requires that the expiry date of the license must be in the recording of application for the marriage license,
stamped in bold characters on its face so that the parties the entries must be chronological (in accordance with the
will be fully aware of its expiration date. dates of application)
And the pertinent data must be recorded
Article 21. REQUIREMENT FOR FOREIGNERS the registry book should also record the names of the
applies when either or both of the contracting parties applicants, the date on which the marriage license was
are citizens or subjects of a foreign country issued and other necessary data
foreigners who wish to marry in the Philippines must
secure a marriage license.

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
Article 26. MARRIAGES OUTSIDE THE 1. That the marriage was performed in Articulo
PHILIPPINES (in connection with Article 15 of the Mortis
NCC) 2. That the residence of either party is remote
applies only to Filipinos; marriages of foreigners or a specifying that the place is such that there is no
Filipino and a foreigner is governed by the rules on means of transportation to enable the party to
Conflict of laws appear personally before the local civil registrar
GR: If foreign marriage is valid in the country where 3. That he took steps to ascertain the ages and
celebrated it is celebrated, then it is also valid in the relationship of the parties and the absence of legal
Philippines based on the principle of LEX LOCI impediment to marriage
CELEBRATIONIS (law of the place of celebration). Article 30.
EXCEPTION: Civil registrar is given the original of the affidavit for
1. Void marriages under Article 35 (1, 4, 5 &6) the simple fact that he keeps the records of the marriages
2. Void marriages due to psychological incapacity taking place
(Art. 36) Article 31. MARRIAGE DURING VOYAGE
3. Incestuous marriages under Article 37. The ship captain or airplane chief can solemnize
4. Void marriages for reason of Article 38 for marriages in articulo mortis not only during voyage or
reasons of public policy flight but also during stop overs or port of call.
REQUIREMENTS TO PROVE A FOREIGN
MARRIAGE Article 32. MARRIAGES WITHIN MILITARY
1. The existence of the pertinent provision of the ZONE
foreign marriage law. Foreign laws are matters of Military commander must be a commissioned officer
fact that must be alleged and proved considering to solemnize marriages in articulo mortis whether
that our courts do not take judicial notice of them civilians or member of the armed forces in the absence of
2. The celebration or performance of the marriage the chaplain.
in accordance with said law Article 33. MARRIAGES AMONG MUSLIMS
EFFECT OF DIVORCE OF A MARRIAGE BETWEEN A marriage license is not necessary in cases of
A FILIPINO CITIZEN AND A FOREIGNER marriages among Muslims or among members of the
1. If validly obtained abroad by the alien spouse ethnic communities IF THE MARRIAGE WILL BE
capacitating him or her to remarry, the Filipino SOLEMNIZED IN ACCORDANCE WITH THEIR
spouse shall have capacity to remarry under the CUSTOMS, RITES OR PRACTICES.
Philippine law Article 34. NO MARRIAGE LICENSE NECESSARY
2. If the divorce is obtained by the Filipino spouse, FOR COMMONLAW COHABITATION
the divorce is void because divorce is not allowed TO BE EXEMPT FROM OBTAINING A MARRIAGE
in the Philippines and a Filipino is governed by LICENSE, IT IS REQUIRED THAT:
his national law wherever he goes 1. The parties must have lived as husband and wife
not applied to a Filipino naturalized in another for at least five years (5 continuous years of living
country together)
3. An alien spouse who has divorced his Filipino 2. There is no legal impediment to marry each other
spouse can no longer charge the latter with during this period
adultery or concubinage because he can no longer 3. An affidavit be executed by the parties stating the
be considered an OFFENDER SPOUSE. foregoing facts
4. The fact of absence of legal impediment between
CHAPTER 2 the parties must be present at the time of the
MARRIAGES EXEMPTED FROM LICENSE marriage, not during their 5-year cohabitation
REQUIREMENT 5. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the
Article 27. MARRIAGE AT THE POINT OF parties and found no legal impediment to the
DEATH (ARTICULO MORTIS) marriage
AT THE POINT OF DEATH refers to a situation If parties falsify their affidavit in order to have an
wherein one is between life and death or already dying instant marriage, although they have not been cohabiting
DANGER OF DEATH refers to a situation wherein for 5 years will render the marriage void and will make
one is only in danger of dying but not at the point of dying them criminally liable.
CHAPTER 3
Article 28. MARRIAGE IN REMOTE PLACES VOID AND VOIDABLE MARRIAGES
it does not specify the distance of either party from the
municipal building. Article 35. VOID MARRIAGES FROM THE
All that is required is that the residence of either party BEGINNING:
be so located that there is no means of transportation to a second marriage without complying Article 52
enable such party to appear before the local civil registrar (delivery of presumptive legitime of the children of the
annulled marriage of a marriage that was declared void ab
Article 29. AFFIDAVIT IN LEIU OF MARRIAGE initio) is also NULL AND VOID under Article 53.
LICENSE 1. Contracted by parties below 18 years old
THERE IS A REQUIREMENT FOR THE EXECUTION 2. Solemnized by a person with no authority
OF AN AFFIDAVIT BY THE SOLEMNISING
OFFICER STATING THAT
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
EXCEPTION: valid if either or both parties PSYCHOLOGICAL INCAPACITY MUST BE
believed in good faith that the solemnizing officer CHARCATERIZED BY: (GJI)
had legal authority 1. Gravity (party is incapable of carrying out the
3. Solemnized without a marriage license duties required in marriage
EXCEPTION: 2. Juridical Antecedence (rooted in the history of
a. Marriages in articulo mortis the party
b. Marriages in remote places 3. Incurability
c. Marriages in articulo mortis in a ship or
airplane Article 37. INCESTOUS MARRIAGES
d. Marriages among Muslims or among 1. Between ascendants and descendants of any
member of ethnic cultural communities degree
e. Marriages between parties who have 2. Between brothers and sisters, whether of the full
lived together for more than five years as or half blood.
husband and wife without legal
impediment Article 38. VOID FROM THE BEGINNING FOR
4. Bigamous or polygamous marriage REASONS OF PUBLIC POLICY
committed when one contracts a second 1. Collateral blood relatives up to the fourth civil
marriage before the former marriage has been degree
dissolved 2. Step-parents and step-children
5. Contracted through mistake of one party as to the 3. Parents-in-law and Children-in-law
identity of the other 4. Adopting parent and adoptive child
WHO CANFILE A PETITION FOR DECLARATION 5. Surviving spouse of the adopter and the adopted
OF NULLITY OR ANNULMENT? 6. Surviving spouse of the adopted and adopter
the aggrieved spouse 7. Adopted and illegitimate child of adopter
8. Adopted children of adopter
Article 36. PSYCHOLIGICAL INCAPACITY 9. Parties where one, having intention to marry the
PSYCHOLOGICAL INCAPACITY other, killed that other persons spouse or his/her
has no exact definition but is restricted to own spouse
psychological incapacity to comply with the essential UNDER THE NEW FAMILY CODE, THE FF MAY
marital obligations of marriage. MARRY:
To be a ground for declaration of nullity of marriage, the 1. Brother-in-law and sister-in-law
psychological incapacity of either party to comply with 2. Stepbrother and Stepsister
the essential marital obligations must already be present 3. Guardian and ward
at the time of the marriage. 4. Adopted and illegitimate child of the adopter
GUIDES TO INTEPRETATION OF PSYCHOLIGICAL 5. Parties who have been convicted of adultery and
INCAPACITY: (HSEIEHCRCI) concubinage.
1. Homosexuality in men, Lesbianism in women
2. Satyriasis in men, Nymphomania in women Article 40. NEED FOR DECLARATION OF A VOID
3. Extremely low intelligence MARRIAGE
4. Immaturity A Void marriage must first be declared void for purposes
5. Epilepsy of remarriage.
6. Habitual alcoholism There is need of JUDICIAL DECLARATION of such
7. Criminality fact before that person can marry again, otherwise the
8. Refusal of the wife to dwell with the husband second marriage is void.
after the marriage without fault on the part of the Only the husband and wife may file petition before the
latter or to have sex with the husband or to have court.
children.
9. Compulsive gambling or unbearable jealousy Article 45: VOIDABLE MARRIAGES
10. Infliction of physical violence on the wife Marriage is valid until annulled.
JURISPRUDENTIAL GUIDELINES: (BREIG) speaks of the GROUNDS FOR ANNULMENT
1. Burden of proof to show the nullity of marriage 1. LACK OF PARENTAL CONSENT
belongs to the plaintiff. applies to 18 years and above but below 21 get
2. The Root cause of the psychological incapacity married without parental consent
must be: 2. INSANITY OF ONE OF THE PARTIES
a. Medically or clinically identified mental weakness does not affect the validity of
b. Alleged in the complaint the marriage unless it amounts to psychological
c. Proven by experts incapacity to perform the essential marital
d. Clearly explained in the decision obligations.
3. The incapacity must be proven to be existing at must exist during the marriage and not prior to
the time of the celebration of the marriage. it
4. Such incapacity must be proven to be incurable burden of proof belongs to the party who
5. Such illness must be grave enough to bring about alleges the insanity of the other.
the disability of the party to assume the essential 3. FRAUD
obligations of the marriage Not all fraud justify the annulment of marriage
but only those provided in Article 46.
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
4. FORCE, INTIMIDATION OR UNDUE sanity, also
INFLUENCE before the
theres FORCE when in order to wrest consent, death of the
serious or irresistible force is employed party
theres INTIMIDATION when one the Fraud Injured Within 5 Free
contracting parties is compelled by a reasonable party years from cohabitation
fear of a grave evil upon his person or property or discovery of after
upon the persons or property of his spouse his fraud knowledge of
spouse, descendants or ascendants, to give his fraud
consent. Force, Injured Within 5 Free
theres UNDUE INFLUENCE when a person intimidation party years from cohabitation
takes improper advantage of his power over the or undue cessation of after the cause
will of another. influence cause has
5. IMPOTENCY disappeared
refers to lack of power of copulation Impotency Potent Within 5 Cannot be
must be present at the time of the marriage, of one party party years after ratified but
must be continuous and must appear incurable marriage action
only the potent spouse can file the action for prescribes
annulment; if both spouse are impotent, it cant Sexually Healthy Within 5 Cannot be
be annulled because neither spouse is aggrieved transmittable party years after ratified but
by the other. disease marriage action
6. AFFLICTION OF SEXUALLY prescribes
TRANSMISSIBLE DISEASE FOUND TO BE
SERIOUS WHICH APPEARS TO BE Article 48.
INCURABLE requires that in all cases of annulment of marriage or
good faith cant be invoked as a defense declaration of nullity of marriage, the court shall order the
concealment of disease from the other party prosecuting attorney or fiscal assigned to it to appear on
constitutes fraud that would justify the annulment behalf of the State to take steps to prevent collusion
of their marriage regardless if its serious or not between the parties and to take care of that the evidence
is not fabricated.
Note: Certain marriages cant be ratified by free Reason: Marriage is not just a contract but a social
cohabitation namely: institution in the preservation of which the State is
1. Those vitiated by a prior existing marriage since interested
the cause of the nullity of this marriage exists as submission of the ff:
long as the absent spouse is alive. 1. STIPULATION OF FACTS
2. Those vitiated by the impotency of one spouse facts agreed upon and signed by both parties
since the cause of the nullity does not cease to 2. CONFESSION OF JUDGMENT
exist as long such impotency of the spouse statement of the erring spouse that he/she is
remains against the annulment
3. Those vitiated by the affliction of one spouse of a
sexually transmitted disease which is incurable Article 49
Ground 5 and 6 prescribes within five years after the No child under the age of seven shall be separated from
marriage. his mother unless the court finds compelling reasons to do
otherwise.
Article 47. During the pendency of the action and the absence of
adequate provisions in a written agreement between the
Ground for Who Period of Convalidation spouses, the court shall:
Annulment can file prescription or 1. Provide for the support of the spouses and the and
action Ratification the custody of their common children
2. Give paramount consideration to the moral and
Lack of Party Five years Free material welfare of said children and their choice
Parental underage
after cohabitation of the parent with whom they wish to remain
Consent attaining 21 after reaching 3. Provide for appropriate visitation rights of the
Parent/ Before child 21 other parent
guardian reaches 21
Insanity of the sane Before the Free
one party person death of cohabitation
other party after the insane
Guardian -same- regains sanity
of the
sane
Insane During lucid
person interval or
after
regaining
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
may still live together but their conjugal property
Article 50. is dissolved.
In the partition, the conjugal dwelling shall be 2. Legal separation cant be granted on mere
adjudicated to the spouse with whom the majority of agreement of the parties. Separation of property
common children should choose to remain. In case there can be effected by agreement of the parties,
is no majority, the court shall decide for the best interests subject to the courts approval.
of the children. 3. Legal separation always involves separation of
property. There can be separation of property
Article 51. without legal separation.
In the partition of the net profits of the conjugal Preponderance of evidence and not guild beyond
properties between the spouses, the value of the reasonable doubt is sufficient to prove the existence
presumptive legitimes of their common children, of any grounds.
computed as of the date of the final judgment, shall be GROUNDS
delivered to them in cash, property or sound securities 1. Repeated physical violence
unless the parties have already provided for such matters 2. Pressure to change religious or political
and their agreement has been approved by the court. affiliation
The delivery of presumptive legitimes of the children 3. Corrupt the petitioner, common child or child
shall be considered advances on the legitime but shall not of the petitioner
prejudice their ulitimat successional rights upon the death 4. Final judgment sentencing respondent to 6
of either parent. years in prison.
5. Drug addiction or habitual alcoholism
Article 52. REQUIREMENTS: 6. Lesbianism or homosexuality
The recording in the appropriate civil registry and 7. Bigamous marriage
registries of property of the ff: 8. Sexual infidelity
1. Judgment of annulment or of absolute nullity of 9. Attempt by the respondent against the life of
the marriage the petitioner
2. Partition and distribution of the properties of the 10. Abandonment for more than one year without
spouses justifiable cause.
3. Delivery of the childrens presumptive legitimes Article 56. GROUNDS TO DENY LEGAL
Above mentioned shall be recorded in the: SEPARATION
1. Appropriate civil registry 1. Condonation pardon of the guilty spouse y the
2. Registries of property of the places where the real aggrieved spouse. It comes after and not before
properties distributed and delivered are located the commission of the offense
2. Consent must come before the act
Article 53. 3. Connivance
Either of the former spouses may marry again only after 4. Collusion when spouses agree to make it
complying all the requirements of the preceding title. appear in court that one of them has committed a
Subsequent marriage is null and void if any one of them ground for legal separation
marries without complying such requirements. 5. Mutual guilt
Article 54. 6. Prescription
Children conceived or born of the subsequent marriage 7. Death of either of the party during the pendency
stated in Art 53 shall be legitimate but subsequent of the case.
marriage is void. 8. Reconciliation of the spouses during the
Children conceived or born before the judgment of pendency of the case
annulment of marriage is legitimate because voidable or
annullable marriages are valid until annulled. Article 57. LEGAL SEPARATION MUST BE FILED
WITHIN FIVE YEARS FROM THE TIME OF THE
TITLE II LEGAL SEPARATION OCCURRENCE OF THE CAUSE, IF SPOUSSE
DOES NOT FILE WITHIN THE PERIOD, HE/SHE
Article 55. LEGAL SEPARATION VS. ABSOLUTE ID DEEMED TO HAVE WAIVED HIS RIGHT TO
DIVORCE FILE THE ACTION.
Legal Separation is only a separation from the bed but
the partied remain married while Absolute Divorce ARTICLE 58. LEGAL SEPARATION SHALL BE
dissolves the marriage and the parties can marry again TRIED AFER SIX MONTHS SHALL HAV
Foreign divorces obtained by Filipinos abroad are not ELAPSED SINCE THE FILING OF THE PETITION
valid in the Philippines because under Article 15 of the This is intended to give the spouses a chance to
Civil Code, Philippine laws governs the status of Filipinos reconcile.
wherever they may be. During this period, court must still provide for support
of the spouses and the children.
LEGAL SEPARATION VS SEPARATION OF This article does not apply if violence is alleged.
PROPERTY
1. In legal separation, the common life of the spouse Article 59. The court must have first taken steps toward
is suspended both as to the person and properties. the reconciliation of the spouses and if the reconciliation
In separation of property, only the property is improbable, legal separation may be decreed. This is to
relations of the spouses are suspended that is they
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
prevent the breakup of the marriage before legal Husband does not have a permanent
separation is granted. home
Husband maltreats her
Article 60. LEGAL SEPARATION CANT BE Husband demands for sexual intercourse
GRANTED ON STIPULATION OF FACTSOR A Husband commits concubinage
CONFESSION OF JUDGMENT
1. There must be proof of the ground for legal 2. To observe mutual love, respect and fidelity
separation 3. To render mutual help and support
2. Preponderance of evidence is enough
3. If defendant dos not answer the complaint or Article 69. FAMILY DOMICILE
appear at trial, petitioner may still present his The fixing of the family domicile must be a joint
evidence decision of the spouses and in any case they disagree, the
Article 61. EFFECTS OF THE FILING OF THE court shall decide.
PETITION FOR LEGAL SEPARATION The court may however exempt one from living with the
1. Spouses are free to live separately other:
2. The court shall designate husband or wife to 1. If one of the spouses should live abroad
manage the conjugal property in the absence of 2. There are other valid and compelling reasons for
an agreement or shall designate a third person to the exception
administer the properties of the couple
3. Administrator appointed by the court shall have Article 70. BOTH SPOUSES ARE JOINTLY
the same powers and duties as guardian under the RESPONSIBLE FOR THE SUPPORT OF THE
rules of court. He cant alienate any property FAMILY
without the spouses authority EXPENSES FOR SUPPORT AND OTHER
Article 63. EFFECTS OF LEGALSEPARATION CONJUGAL OBLIGATIONS SHALL BE PAID FROM:
1. Spouses are entitled to live separately but (CII)
marriage bonds are not severed 1. Community property or conjugal property
2. Conjugal partnership is dissolved 2. If none, from the Income or fruits of the spouses
3. Custody of minor children shall be awarded to the separate properties
innocent spouse 3. If none or Insufficient, from their separate
4. Offending spouse is disqualified from inheriting properties
from the innocent spouse by intestate succession Parents in law have no obligation to support children in
5. The wife cant drop the surname of the husband law because that is the obligation of the husband.
after the decree of legal separation because they THE SUPPORT FOR ILLEGITIMATE CHILDREN
are still married SHALL BE THE RESPONSIBILITY OF: (SI)
Article 64. TWO THINGS THAT MAY BE 1. Separate property of the parents
REVOKED BY THE INNOCENT SPOUSE 2. If none or Insufficient, the absolute community
1. Donations made in favor of the offending spouse or the conjugal partnership but the advances
2. Designation of the offending spouse as made shall be deducted from the share of the
beneficiary in the insurance contracts of the obliged spouse in the absolute community or
innocent spouse conjugal partnership
Article 65.
In case of reconciliation, the spouses are to file a joint Article 71. MANAGEMET OF THE HOUSEHOLD
manifestation under oath duly signed by both, in the SHALL BE THE RIGHT AND DUTY OF BOTH
same proceeding for the legal separation. THE SPOUSES AND THE EXPENSES FOR SUCH
Article 66. IN CASE OF RECONCILIATION: MANAGEMENT SHALL BE PAID IN
1. If case is pending, it shall be terminated no matter ACCORDANCE WITH THE PROVISION IN
at what stage ARTICLE 70
2. Final decree is set aside but the separation of PAYMENT FOR THE HOUSEHOLD EXPENSES
property already affected shall subsist unless they SHALL BE DEFRAYED IN THE FF ORDER: (CII)
agree to revive their former property regime 1. Community property
2. If none, Income or fruits of the separate
TITLE III. RIGHTS AND OBLIGATIONS properties
BETWEEN HUSBAND AND WIFE 3. If none or Insufficient, from the separate
properties
Article 68. OBLIGATIONS OF SPOUSES TO EACH
OTHER ARE Article 72. AGGRIEVED PARTY MAY APPLY TO
THE COURT FOR RELIEF WHEN THE OTHER
1. To live together includes cohabitation and sexual SPOUSE NECLECTS HIS/HER DUTY OR
intercourse. COMMITS ACTS WHICH TENDS TO BRING
Wife can refuse sexual intercourse provided DANGER, DISHONOR OR INJURY TO THE
that shes ill, it would endanger her health or if FAMILY
she is suffering from some venereal disease. The court may issue injunction order (order of the
Wife has the duty to live with her husband court that says something must be done) to the guilty
except when:

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
spouse and even threaten him/her with contempt of marriage or if they agreed but the marriage settlement is
court if he/she refuses to follow the court order. void, the system of absolute community shall
automatically govern their property relations.
Article 73. EITHER SPOUSE MAY EXERCISE THE PRINCIPAL KINDS OF PROPERTY REGIMES:
FOLLOWING WITH THE CONSENT OF THE (ARCMO)
OTHER: (LOB) 1. ABSOLUTE COMMUNITY OF PROPERTY
1. Legitimate profession there is a merger of all properties of the
2. Occupation spouses owned by them at the time of the
3. Business or activity celebration of the marriage or those acquired
THE OTHER SPOUSE MAY OBJECT ONLY ON: thereafter which shall be administered jointly by
1. Valid them and to be divided equally between them
2. Serious and Moral Grounds after the dissolution of the marriage unless a
IN CASE OF DISAGREEMENT, THE COURT different proportion is agreed upon.
SHALL DECIDE WHETHER OR NOT: (OB) 2. RELATIVE COMMUNITY OF PROPERTY
1. the Objection is proper, and OR CONJUGAL PARTNERSHIP OF GAINS
2. Benefit has accrued to the family before prior to Everything earned during the marriage belongs
the objection or thereafter. to the conjugal partnership.
A spouse who prevents his/her spouse from 3. COMPLETE OR ABSOLUTE SEPARATION
exercising a legitimate profession, occupation and OF PROPERTY
business activity shall be criminally liable for separate earnings of the spouses are maintained
violation of RA 9262 VAWC and whatever property they may bring to the
marriage shall belong separately to each of them.
TITLE IV. PROPERTY RELATIONS 4. MIXED PROPERTY REGIME
BETWEEN HUSBAND AND WIFE Combination of above or other systems agreed
upon by the parties before the celebration of the
Article 74. PROPERTY RELATIONS BETWEEN marriage.
HUSBAND AND WIFE SHALL BE GOVERNED IN 5. OTHER REGIMES
THE FOLLOWING ORDER: (MPL) spouses may agree upon any other type of
1. By Marriage settlements executed before the regime provided that they do not violate the
marriage Family Code or other laws.
2. By the Provisions of this code E.G
3. By the Local customs Dowry or Dotal System future wife delivers
MARRIAGE SETTLEMENTS / ANTE NUPTIAL properties to the husband for the purpose of
AGREEMENT helping him pay the expenses for the support of
is a contract entered into by parties about to be married the family.
for the purpose of fixing the terms and conditions of their Complete Merger all the properties of the wife
relations with regard to their present and future property are transferred to the husband who becomes the
provided that they are not contrary to law owner thereof including all properties acquired
REQUISITES FOR A MARRIAGE SETTLEMENT: by either during the marriage.
1. Must be made before the celebration of the The system of absolute community shall apply if:
marriage. Modification must also be made before 1. The parties did not enter into a marriage
the marriage except conversion into the complete settlement
separation of property regime which is allowed 2. Regime (management) agreed upon is void
provided that there is a judicial approval and not If some provisions of the marriage settlement are void and
prejudice to creditors. some are valid, the nullity of the void provisions will not
2. Must not contain provisions contrary to law, nullify the valid ones.
morals, good customs, public order and public
policy or against the dignity of either spouse. Article 76. MODIFICATION IN MARRIAGE
3. Must generally confine itself only to property SETTLEMENTS
relations. Any marriage settlements or any modification thereof
4. Must be in writing in order for the marriage to be to be valid must be made before the celebration of the
binding and it need not to be in public instrument marriage.
even it involves real property (such as buildings Any extra-judicial agreement between the spouses
and land) which is only required for the purpose separating their properties is void.
of affecting third persons under Art. 77 ONLY IN THESE INSTANCES WHERE REVIVAL OF
5. If made by minors (18 years old and above but THE FORMER ECONOMIC REGIME AND
below 21), their parents must consent and sign. SEPARATION OF PROPERTY CAN BE ALLOWED
6. In cases of civil interdiction, the guardian must AFTER MARRIAGE:
consent and sign. EXCEPTIONS:
1. Art. 66 Reconciliation in marriage settlement
Article 75. MARRIAGE SEETLEMENT AGREED 2. Art. 67 Revival of former property regime
UPON BY THE SPOUSE 3. Art. 128 abandonment or failure to comply with
By exemption of Article 1 of the FC, the spouses are obligations to the family
given the freedom to stipulate the regime they desire on 4. ART. 135 causes for judicial separation of
their property relations. If they failed to agree before the property
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
5. Art. 136 judicial separation jointly initiated by Article 80. IN THE ABSENCE OF A CONTRARY
the spouses STIPULATION IN A MARRIAGE SETTLEMENTS,
THE PROPERTY RELATIONS OF THE SPOUSES
Article 77. MARRIAGE SETTLEMENTS AND SHALL BE GOVERNED BY THE PHILIPPINES
OTHER MODIFICATIONS LAWS, REGARDLESS OF THE PLACE OF THE
REQUISITES FOR ENFORECEABILITY OF CELEBRATION OF THE MARRIAGE.
MARIAGE SETTLEMENTS: (WSEPC) EXCEPTIONS:
1. must be in Writing 1. Where both spouses are aliens. (NATIONAL
2. Signed by the parties LAW SHOULD APPLY, ART.15 NCC)
3. Executed before the celebration of the marriage 2. With respect to the extrinsic validity of contracts
4. If a party executing the settlement needs parental affecting property not situated in the Philippines
consent for the marriage, the parent or guardian and executed in the country where the property is
whose consent is needed must be made a party to located. (EXTRINSIC VALIDITY OF THE
the agreement. CONTRACT WILL BE GOVERNED BY THE
5. If the party executing the settlement is under civil LEX SITUS OR THE LAW OF THE
interdiction or any other disability (deaf-mute, COUNTRY WHERE THE PROPERTY IS
prodigality, etc. but not insanity), the guardian SITUATED)
appointed by the court must be made a party to 3. With respect to the extrinsic validity of contracts
the marriage settlement. entered into the Philippines but affecting property
It is enough that it is embodied in a PRIVATE situated in a foreign country whose laws require
INSTRUMENT signed by all the necessary parties to different formalities for its extrinsic validity.
make marriage settlements valid. However, it must be in (LEX SITUS APPLIES)
PUBLIC INSTRUMENT if there is a need to register it IN FILIPINO ALIEN MARRIAGES
so as to bind THIRD PERSONS as when it involves real 1. If the husband is Filipino, the Philippines law
property otherwise, the REGISTRY OF PROPERTY will shall apply.
not register it. 2. If the wife is Filipino, the national law of the
husband shall apply.
DOCTRINE OF MUTABILITY It is assumed that the husband is the administrator of the
when the law of the country is changed, the regime property, thus, his national law should apply.
affecting the property relations is also changed, except
that vested rights should not be prejudiced. Article 81. EFFECTS OF DONATION WHEN
MARRIAGE DOES NOT TAKE PLACE:
DOCTRINE OF IMUUTABILITY If the marriage does not take place, all stipulations in
if there is a change in the nationality of the contracting the settlements or contracts in consideration of a future
parties after the marriage, the property relations that marriage, including all donations made therein between
should govern them is not changed. The original regime the prospective spouse are VOID.
at the time of the marriage shall govern their property Marriage settlements shall be VOIDED, if the marriage
relations. is declared Void Ab Initio.
Donations are void if a marriage does not take place.
Article 78. MINOR WHO MAY CONTRACT
MARRIAGE MAY ALSO EXECUTE A Article 82. DONATIONS BY REASON OF
MARRIAGE SETTLEMENT MARRIAGE
Between 18 years old but below 21 years old DONATIONS PROPTER NUPTIAS
If 18 years old, the marriage settlement may be propter means before
executed without parental consent are wedding gifts, but not all wedding gifts are
If contracting parties are 21 years old or over but below donations propter nuptias for said wedding gifts may
26, although they still need parental advice for purposes come after the celebration of the marriage.
of marriage, are qualified to enter into marriage
settlements without the consent and participation of the REQUISITES FOR A VALID DONATIONS PROPTER
parent or guardian. NUPTIAS
1. Must be made before the celebration of the
Article 79. VALIDITY OF MARRIAGE marriage
SETTLEMENTS EXECUTED BY A PERSON 2. Must be made in consideration of the marriage
UNDER CIVIL INTERDICTION OR BY A PERSON 3. In favor of one or both of the future spouses.
WITH DSABILITY
PERSONS UNDER CIVIL INTERDICTION ARE DONATIONS PROPTER NUPTIAS VS. ORDINARY
DEPRIVED OF THE FF RIGHTS: DONATIONS
1. Parental authority DONATIONS PROPTER ORDINARY DONATIONS
2. Marital authority NUPTIAS
3. Management of his property Does not require express Express acceptance if
acceptance necessary
4. Disposal of his property
May be made by minors Cannot be made by minors
The guardian of a person under civil interdiction or person
May include future property Cannot include future
with disability must be made a party to the marriage property
settlement of either of such persons.

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
If present property is No limit to donation of SUSPENSIVE CONDITION
donated and property regime present property provided one which when fulfilled will give rise to an
is not absolute community, legitimes are not impaired obligation
limited to 1/5 4. ACTS OF INGRATITUDE SPECIFIED IN THE
Grounds for revocation are Grounds for revocation are NEW CIVIL CODE such as:
found in Art. 86 found in law on donations
a. If the donee should commit some offenses
against the person, honor or property of the
Article 83. DONATIONS GOVERNED BY THE donor or his wife or children under his
RULES ON ORDINARY DONATIONS parental authority
The form of donations propter nuptias follows those of b. If the donee imputes to the donor any
the ordinary donations, including oral donations as criminal offense, or any act involving moral
established in Title III of Book III of the Civil Code turpitude even though he should prove it,
unless the crime or the act has been
Article 84. LIMITATIONS ON THE DONATIONS committed against the done himself, his wife
SPOUSES CAN DONATE TO EACH OTHER or children under his authority.
c. If he unduly refuses him support when the
GENERAL RULE: future spouse cant donate to each done is legally or morally bound to give
other more than 1/5 of their present property (excess shall support to the donor.
be considered void)
EXCEPTIONS: If they are governed by the rules on Article 87. DONATIONS BETWEEN SPOUSES IS
Absolute Community of Property. VOID
GENERAL RULE: Donations cannot comprehend future GENERAL RULE: Lawfully married spouses and
property (Art 751, NCC) common-law-spouses (live-ins) cannot donate to each
EXCEPTION: The future spouses are allowed to donate other, directly or indirectly. (Donations made by spouses
to each other in their marriage settlements future property to each other are during the marriage are VOID.)
provided the donation shall take effect only after the death REASONS:
and subject to the limitations on testamentary succession. 1. To protect unsecured creditors from being
Future inheritance cannot be the object of objection nor defrauded
can it be an object of compromise agreement. 2. To prevent the stronger spouse from imposing
upon the weaker one the transfer of the latters
Article 85. property to the former.
ENCUMBRENCE 3. To prevent indirect modification of the marriage
cover restrictions and burdens on the property such as settlement
mortgage, leases and similar others. EXCEPTION:
EFFECTS ON ENCUMBERED PROPERTY IF 1. Moderate gifts on the occasion of any family
DONATED: rejoicing
1. In case of foreclosure such as in mortgage and the 2. Donation mortis causa (which will take effect
property was sold for less than the total amount only after the death of the donor)
of obligation secured, the done is not liable for the 3. Donations propter nuptias which are given before
deficiency. the marriage.
2. If the property was sold at a price higher than the
total amount of the obligation, the done is entitled CHAPTER 3
to the excess. SYTEM OF ABSOLUTE COMMUNITY
SEC 1. GENERAL PROVISIONS
Article 86. ENUMERATES THE GROUND FOR Article 88. ABSOLUTE COMMUNITY OF
THE REVOCATION OF DONATION PROPTER PROPERTY SHALL COMMENCE AT THE TIME THE
NUPTIAS MARRIAGE IS CELEBRATED
GROUNDS FOR REVOCATION OF DONATIONS
PROPTER NUPTIAS: It shall commence at the precise moment that the
1. CAUSES ARISING FROM THE MARRIAGE:
marriage is celebrated which means the particular
a. Marriage was not celebrated
time when the spouses make their personal
b. Marriage was celebrated but is void and is declarations that they take each other as husband
judicially declared as such
and wife followed by the solemnizers
c. Marriage was celebrated without the required pronouncement that they are henceforth man and
consent of the parents or the guardian
wife. (Art. 3, par. 3)
d. Marriage is voidable and subsequently
Any agreement that the absolute community will
annulled with the done found to be in bad
commence at another time is void.
faith.
2. LEGAL SEPARATION AND THE DONEE IS
FOUND THE GUILTY SPOUSE
3. FULLFILMENT OF THE IMPOSED
RESOLUTORY CONDITION.
RESOLUTORY CONDITION
a condition which when fulfilled will extinguish an
obligation.

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
Article 89. WAIVER illegitimate. But the properties ACQUIRED during the
GENERAL RULE: There should be no waiver of rights, marriage of the concerned spouse even if he or she has
interests, shares and effects of the absolute community of legitimate descendants by a former marriage shall form
property can be made. part of the community property.
EXCEPTIONS: The intention is merely to prevent the merger or
1. When the waiver is made in a judicial separation confusion of the property acquired during the first
of property as a result of legal separation. marriage and those acquired during the second marriage
2. When the waiver is executed after the dissolution which form part of the absolute community of property.
of the marriage caused by the death on one spouse Article 93. PRPERTY ACQUIRED DURING THE
or by annulment. MARRIAGE IS PRESUMED TO BELONG TO HE
THE WAIVER IS ALLOWED IN THE FOLLOWING COMMUNITY PROPERTY UNLESS IT IS PROVED
CASES THAT IT IS ONE OF THOSE EXCLUDED
1. The waiver must appear in a public instrument THEREFROM.
(an oral waiver is void) to effect third persons NOTE:
2. The waiver must be recorded in the office of the All properties of the spouses are PRESUMED
local civil registrar where the marriage contract is communal property UNTIL the contrary is
recorded abs in the proper registries of property. proved.
Article 90. RULES ON CO-OWNERSHIP ARE The presumption applies until the liquidation of
SUPPLETORY TO THE PROVISION OF THIS the community property.
CHAPTER ON THE SYTEM OF ABSOLUTE It is not necessary to prove that the property was
COMMUNITY OF PROPERTY BETWEEN THE acquired with funds of the community
SPOUSES. The person who invokes the presumption must
first prove that the subject property was acquired
SEC 2. WHAT CONSTITUTES COMMUNITY during the marriage.
PROPERTY In the absence of the proof that the property was
acquired during the coverture, the presumption
Article 91. COMMUNITY PROPERTY SHALL will not apply and the fact that the property is
CONSIST OF ALL THE PROPERTY OWNED BY THE registered in the name of one spouse only is
SPOUSES AT THE TIME OF THE CELEBRATION OF indicative that it is an exclusive property of said
THE MARRIAGE OR ACQUIRED THEREAFTER. spouse.
The presumption not being conclusive is
WHAT CONSISTS THE COMMUNITY PROPERTY? rebuttable but only by a CLEAR,
It consists of all the property owned by the SATISFACTORY and CONVINCING
spouses at the time of the celebration of the EVIDENCE
marriage or those acquired thereafter UNLESS The burden of proving that a property is exclusive
EXCEPT in the marriage settlements rests upon him who so avers. The presumption
NOTE: applies even if the spouses are living separately.
Upon the celebration of the marriage, the present If evidence is insufficient, the presumption
property of either spouse at the time of the prevails and the property is deemed communal
marriage and the future property acquired property.
thereafter are AUTOMATICALLY 94-104
CONVERTED into the community property
without the need of any juridical act for the CHAPTER 4
purpose. CONJUGAL PARTNERSHIP OF GAINS
Article 92. WHAT IS EXCLUDED FROM THE SECTION 1. GENERAL PROVISIONS
COMMUNITY PROPERTY Article 105. RULE THAT GOVERNS THE
1. Gratuitous acquisitions during the CONJUGAL PARTNERSHIP OF GAINS
marriage
This regime must be agreed upon in the marriage
these are excluded unless the donor, testator or grantor settlements to govern the property relations of the
has expressly provided in the deed of donation, will or future spouses. The Conjugal Partnership of
grant that they shall form part of the community property
Gains automatically governs the property regime
2. Personal property for exclusive use of marriages, without any prior stipulated
except jewelries settlements, entered into before the effectivity of
these properties shall pertain to the spouse who the Family Code. After the effectivity of the
personally and exclusively uses them such as clothes, Family Code, the Absolute community of
eyeglasses, shoes, and the like, HOWEVER, jewelries Property shall automatically govern their
though personally used by either spouse shall form part of property relations provided that the parties have
the community property because they are generally of not chosen any regime.
great value.
The terms and conditions in the marriage
3. Ante-nuptial properties
settlements shall primarily govern the conjugal
fruits and income are excluded
partnership of gains. The provisions of the Family
if said spouse has legitimate descendants by a former
Code shall only be supplementary.
marriage. This is to protect the presumptive legitimes of
Chapter 4 shall be applicable to conjugal
the legitimate descendants of the concerned spouse. This
partnership of gains existing before the effectivity
rule WILL NOT APPLY if the descendants are
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
of the Family Code and shall remain as such property purchased with the use of the exclusive money
without conversion to the absolute community. of either spouse

Article 106. Article 110. OWNERSHIP OF EXCLUSIVE


CONJUGAL PROPERTY OF GAINS it is a PROPERTIES OR TRANSFER OF
partnership established through the marriage of a man and ADMINISTRATION
a woman, who as partners, place in a common fund Neither spouse may administer the exclusive properties of
1. the proceeds, products, fruits and income from the other without the consent of the other. During the
their separate properties marriage, the souse may transfer the administration of his
2. those acquired by either or both of them through or her exclusive properties to the other by executing a
their efforts PUBLIC INSTRUMENT which must be recorded in the
3. those acquired by them by chance and at the registry of property of the place where the property is
dissolution thereof, the parties shall divide the net located.
gains equally unless otherwise agreed upon in MAY THE ADMINISTRATION BE TRANSFERRED
their marriage settlements. TO A 3rd PERSON?
NATURE OF INTEREST IN THE PARTNERSHIP OF Yes, there is no prohibition. Either spouse may transfer
GAINS the administration of his or her exclusive property to a
The interest of each spouse in the conjugal partnership third person instead of the other spouse.
property is merely inchoate until the liquidation. Thus, the
interest of a spouse in the conjugal partnership cannot be Article 111. RIGHT TO DISPOSE AND ENCUMBER
sold as it is a mere expectancy until it appears that there EXCLUSIVE PROPERTY
are assets in the community after liquidation and Either spouse may dispose his or her exclusive property.
settlements He or she can sell, mortgage or encumber it without the
consent of the other. If more than 18 but below 21, as long
Article 107. ARICLES 88 AND 89 SHALL APPLY as he or she is already emancipated under Art.234 of the
Like the Absolute Community of Property, the Conjugal FC, he or she can dispose of his or her exclusive
partnership of gains exist at the precise moment of the properties alone.
celebration of the marriage. (Article 88). No waiver of
rights, interests, shares and effects of the conjugal Article 112. While the administration of the exclusive
partnership during the marriage can be made EXCEPT in property of a spouse may be transferred to the other
a judicial separation of property. (Article 89) (Article 110), the right of the former to dispose of his or
her property is not affected. The delegation is however
Article 108. automatically terminated upon the alienation of the
The primary rules that will govern conjugal partnership of property under administration and the proceeds thereof
gains will be the TERMS AND CONDITIONS OF THE must be turned over to the spouse-owner if paid to the
FAMILY CODE (Article 105). Chapter 4 of the Family designated administrator.
Code (Articles 105 131) shall only be supplementary.
The law on partnership may be applied but only on Article 113. ACQUISITIONS BY GRATITOUS TITLE
suppletorily in matters not determined in the marriage ARE EXCLUSIVE PROPERTY
settlements and family code. Property donated or inherited by will by the spouses
jointly and with designation of determinate shares shall
SECTION 2. EXCLUSIVE PROPERTY OF EACH respectively belong to each exclusively. If theres no
SPOUSE designation of determinate shares, the same will be
Article 109. The following shall be the exclusive divided equally between them. However, if the donor
property of each spouse: BAAP does not provide otherwise, there is a right of accretion.
1. That which is brought to the marriage as his or The right of accretion takes place when either spouse:
her own. these are the properties which the 1. Refuses to accept
spouses already owned before and which they 2. Is incapacitated to accept
brought to the marriage. A property purchased 3. Predeceases or dies before the perfection of the
before the marriage and fully paid during the donation
marriage remains to be a separate property of the
owner spouse. Article 114.
2. That which each acquires during the marriage by A donation though subject to charges is an exclusive
gratuitous title property but he or she has an obligation to reimburse the
those acquired by the spouses through testate or amount advanced by the conjugal partnership for the
intestate succession or by donation charges on the property at the time of liquidation of the
3. That which is acquired by right of redemption, by partnership.
barter or by exchange with property belonging to
only one of the spouses
repurchase
if conjugal funds were used in the redemption there
shall be reimbursement upon liquidation of the
partnership
4. That which is purchased with exclusive money of
the wife or the husband.
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
Article 115. 4. The share of either spouses in the hidden treasure
THE FOLLOWING ARE CONSIDERED which the law awards to the finder or owner of
GRATUITOUS AND ONEROUS ACQUISITIONS the property where the treasure is found.
WHETHER OR NOT THEIR ESTABLISHMENT WAS Finder of treasure by chance on the property of the
FOR FREE OR FOR A CONSIDERATION: other or of the State is entitled to thereof.
1. Benefits If treasure is part of the Japanese treasure, the finder is
2. Pensions entitled to 25% and 75% go to the government
3. Gratuity 5. Those acquired through occupation such as
4. Annuity fishing or hunting
5. Usufructs The theory is that animals in the forest and fishes in the
6. Life insurance benefits sea do not belong to anyone, and if one of the spouses
7. SSS catches any of them, the benefit is not his alone but for the
If for free, the rules on GRATUITOUS ACQUISITION conjugal partnership.
SHALL GOEVERN. If for a consideration, then the rules 6. Livestock existing upon the dissolution of the
on ONEROUS ACQUISITION SHALL GOVERN. partnership in excess of the number of each kind
Thus if the mentioned above are acquired during the brought to the marriage by other spouse
marriage by gratuitous title, they are EXCLUSIVE 7. Those which are acquired by chance, such as
PROPERTIES. If acquired during the marriage by winnings from gambling or betting. However,
onerous title such as by contributions to a pension fund losses therefrom shall be borne exclusively by the
salary deductions or at the expense of the common funds, loser-spouse.
they are CONJUGAL PROPERTIES. All property acquired by chance such as winnings in
gambling whether prohibited or not shall be conjugal
SECTION 3. CONJUGAL PARTNERSHIP OF property. Loses shall be borne to the loser. Winnings in
PROPERTY lottery is conjugal even if the ticket was purchased out of
the exclusive funds of the holder.
Article 116. ACQUISITIONS DURING THE
MARRIAGE ARE PRESUMED CONJUGAL Article 118. PROPERTY BOUGHT ON
Presumption only applies if acquisition was during the INSTALLMENT BASIS IF PARTLY PAID FROM
marriage. Whether the acquisition appears to have been MIXED FUNDS
MADE, CONTRACTED, OR REGISTERED in the What should be remembered is the time when full
name of one or both spouses, the presumption is that the ownership is vested.
property is conjugal. If it was vested before the marriage, the owner is the
HOW CAN PRESUMPTION BE OVERCOME? The buyer-spouse. If vested during the marriage, the conjugal
presumption is overcome by only by strong, clear and partnership is the owner. Any amount advanced by the
convincing evidence. Failure to present a proof will make partnership or by either or both of them shall be
the presumption that the property is conjugal prevail reimbursed by the owner upon liquidation of the property.
despite the fact that the property was contracted or
registered in the name of only one of them. Article 119. COLLECTIBE CREDITS PAYABLE ON
INSTALLMENTS WITH INTERESTS
Article 117. THE FOLLOWING ARE CONJUGAL If a spouse has some collectible credits, the sums paid
PARTNERSHIP PROPERTIES during the marriage in partial payments or by installments
1. Those acquired by onerous title during the on the principal shall be EXCLUISVE PROPERTY. But
marriage at the expense of the common fund, the interest, falling due and collected during the marriage
whether the acquisitions be for the partnership or shall belong to the conjugal partnership.
for only one of the spouses.
these must be acquired not before or after but DURING Article 120. THIS ARTICLE ONLY APPLIES:
the marriage at the expense of the common funds and not 1. When improvements are introduced on the
of the exclusive funds of either spouse. If acquired thru exclusive property of either spouse
the use of exclusive funds, they become exclusive 2. At the expense of either the conjugal partnership
properties. or through the acts or efforts of either or both
2. Those obtained from the labor, industry, work or spouses.
profession of either or both spouses. It is important to note which is bigger or greater:
Salaries of spouses constitute conjugal partnership a. The value of the property just before the
property and all earnings before liquidation of improvement was made or
partnership. b. Its value after the improvement including the cost
3. The fruits, natural, industrial or civil, due or RULES IN CASES OF IMPROVEMENT O
received during the marriage from the common EXCLUSIVE PROPERTY:
property, as well as the net fruits from the 1. If A is greater, the whole thing belongs to the
exclusive property of each spouse. owner spouse, without prejudice to
Only net income or fruits of exclusive property of the reimbursement of the conjugal partnership
spouses become conjugal. 2. If B is greater, the whole thing belongs to the
if fruits from exclusive property are received before the conjugal partnership but the owner-spouse must
marriage, hey are separate property. be reimbursed.
If received during the marriage, the net fruits are Reimbursement will be made at the time of the liquidation
conjugal of the property.
From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
SECTION 4. This provision cant be applied to regime of complete
CHARGES UPON AND OBLIGATIONS OF THE separation of property because in that regime, spouses are
CONJUGAL PARTNERSHIP expressly authorized to dispose their separate properties
without the consent of the other.
Article 121. THE CONJUGAL PARTNERSHIP SHALL EXCEPTION TO THE EXCEPTION: Husband may
BE LIABLE FOR: dispose of conjugal property without the wifes consent if
1. Support of the common children and the such sale is necessary for conjugal liabilities mentioned in
legitimate children of either spouse. The support Art. 161-162 of the Civil Code
for illegitimate children shall be governed by the TWO DILIGENCE TO BE OBSERVED BY A BUYER
Code on Support. OF A CONJUGAL PROPERTY
2. Debts and obligations contracted by one without 1. The diligence in verifying the validity of the title
the consent of the other to the extent that the covering the property
family benefited 2. The diligence in inquiring into the authority of the
3. Debts and obligations contracted during the transacting spouse to sell conjugal property in
marriage by administrator spouse, both spouses behalf of the other spouse
or one with the consent of the other If one spouse is incapacitated or otherwise unable to
4. Taxes and expenses including the minor and participate, the other spouse is given sole administration.
major repairs upon the conjugal property But disposition without judicial or marital authority is not
5. All taxes and expenses for mere preservation allowed otherwise said disposition is void but because of
made during the marriage upon the separate the continuing offer, the contract may be considered valid
property of either spouse unless the offer is withdrawn.
6. Expenses to enable either spouse to complete a
professional, vocational or other activity for self- Article 125. GR: Neither spouse may donate any
improvement conjugal partnership without the consent of the other,
7. Ante-nuptial debts of either spouse as long as EXCEPTION: Either spouse may donate any conjugal
they have redounded to the benefit of the family partnership without the consent of the other for a. charity
8. Value of what is donated or promised by both b. family distress and rejoicing
spouses in favor of their common children for
completing a professional or vocational course. SECTION 6.
9. Expenses of litigation between spouses unless the DISSOLUTION OF CONJUGAL PARTNERSHIP
suits is found to be groundless REGIME
If the conjugal partnership is insufficient the foregoing
liabilities, the spouses shall be liable for unpaid balance Article 126. COJUGAL PARTNERSHIP
with their separate properties. TERMINATES:
1. Upon the death of either spouse
Article 122. WHAT SHALL NOT BE CHARGED Liquidation must be made within one year from the
AGAINST THE CONJUGAL PARTNERSHIP? death of the deceased spouse. Without liquidation, any
1. Personal debts incurred before or after the disposition is void.
marriage except insofar as they benefited the 2. When there is a decree of legal separation
family decree of legal separation must be obtained from court,
2. Fines and pecuniary indemnities upon them then regime is dissolved then liquidation follows.
WHEN CONJUGAL PARTNERSHIP IS LIABLE? 3. When the marriage is annulled or declared void
1. Personal debts of either spouse before the 4. In case of judicial separation of property during
marriage which redounded to the benefit of the the marriage under Articles 134-138.
family
2. Fines and indemnities imposed upon them Article 127. See Article 100. SEPARATION DE FACTO
3. Support of illegitimate children of either spouse Article 128. ABANDONMENT
which may be enforced against partnership assets May petition the court for
on the following conditions: 1. Receivership
a. The nine liabilities mentioned in Art 121 2. Judicial separation of property
have been satisfied first 3. Sole authority to administer conjugal partnership
b. The debtor-spouse has no exclusive property PRIMA FACIE PRESUMPTION:
or is insufficient 1. Spouse left the conjugal dwelling without just
Reimbursement is made upon the liquidation of the cause for a period of three months
partnership. 2. Within that period, the spouse never gave any
information as to his/her whereabouts
Article 123. LOSES SHALL BE BORNE BY THE
LOSER AND THE WINNING SHALL FORM PART
OF THE CONJUGAL PPARTNERSHIP
Article 124. GR: administration of the conjugal parties
belongs to both spouses
EXCEPTION: In case of conflict, the husbands decision
shall prevail but the wife may go to court for proper
remedy.

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES
JENNICA GYRL G. DELFIN NOTES
SECTION 7. and as they are deprived of its possession or enjoyment
LIQUIDATION OF CONJUGAL PARTNERSHIPS during the liquidation of the partnership in the
ASSETS AND LIABILITIES administration proceedings of the estate of the deceased
spouse and pending conclusion of said proceedings, it is
Article 129. SEE ARTICLE 102. SAME WITH logical and just that they be given advancements in the
ARTICLE 102 EXCEPT PARAGRAPHS 2, 3 AND 6. meantime from its fruits.
2. Advances by the Conjugal partnership NOTE:
if the conjugal partnership made advances for the The support or advances received by the widow
payment of personal debts of either spouse, the same shall or widower and the children from the conjugal
be credited to the conjugal partnership as asset thereof. No estate shall be charged against the fruits or rents
need for reimbursement since it will be deducted from the pertaining to them. In other words, they are
shares of the debtor-spouse upon liquidation considered ADVANCES FROM THEIR
3. Reimbursement for use of exclusive funds. There is SHARES.
reimbursement in the following: During the liquidation of inventoried properties
belonging to the conjugal partnership, the needed
SUPPORT IN ARTICLE SUPPORT UNDER
support for the surviving spouse and all the
133 TITLE VIII
children without distinction will come from the
Support is used in the sense The obligation to furnish common mass of property and this will be until
of MERE support under TITLE VIII what belongs to them is delivered, PROVIDED,
ADVANCEMENT to be ceases upon the death of the liabilities of the partnership do not exceed its
deducted from the the obligor even if he may assets.
respective shares be bound to give it in
If there are more liabilities than assets, there can
pertaining to the surviving compliance with a final
be no support or allowance during the liquidation
spouse and the children in judgment
for that would be prejudicial to the creditors of
the conjugal properties
the estate.
under liquidation
a) If the exclusive funds of a spouse are used ofr the Article 134. WHEN A SEPARATION PROPERTY IS
acquisition of a property BE ALLOWED?
b) If the ownership of an exclusive property has GENERAL RULE: separation of property is not allowed
been vested by law in conjugal partnership EXCEPTIONS: (when allowed?)
6. Conjugal funds liable for loss or deterioration of 1. When it is expressly agreed upon in the marriage
movables even if same is due to fortuitous event settlements
loss or deterioration of movables used for the benefit of 2. By judicial order
the family belonging to either spouse shall be paid from NOTE:
the conjugal funds
Thus, the parties without the intervention of the
EXCEPTION: if the spouse had already been paid from
court cannot agree on a regime of separate
other sources, the conjugal funds shall not be used
property during the marriage. If they do, the
anymore.
agreements is VOID.
Article 130. SEE ARTICLE 103.
Article 131. SEE ARTICLE 104.
Article 132. THE RULES OFCOURT SHALL APPLY
ON THE APPRAISAL AND SALE OF CONJUGAL
PROPERTY
SEC 2, RULE 75 OF THE RULES OF COURT the
property to be administered and liquidated in testate or
intestate proceeding of the deceased spouse is not only
that part of the conjugal estate belonging to the deceased
spouse but the entire conjugal estate.
IN MATTERS INVOLVING:
1. Appraisal
2. Sale of property of the conjugal partnership
3. Other matters not expressly determined by the
family code, the rules of court shall govern.
APPRAISAL is covered by rule 83 and sale of property
by rule 89 of the new rules of court

Article 133. SUPPORT SHALL BE GIVEN TO THE


SURVIVING SPOUSE AND TO THE CHILDREN
DURING THE LIQUIDATION OF THE
INVENTORIED PROPERTY
REASON:
The reason for the law is that upon the death of either
spouse, the conjugal partnership is terminated and the
surviving spouse and the children become co-owners of
the conjugal property and as such are entitled to its fruits

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES