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Article 147

Applicability of the article:

1) Both must be capacitated to marry each other


2) Live exclusively with each other as husband and wife
3) Without the benefit of marriage

Note: if a married man cohabits with an unmarried girl, the article does not apply

Properties involved

(a) Their wages and salaries – owned in EQUAL shares by both the man and the woman
(b) Property acquired by both thru their work and industry – rules of CO OWNERSHIP shall apply (proportionate to
their efforts in the work and industry)

Note: 1) the presumption is the effort work, or industry is JOINT and therefore the shares are equal; 2) care and
maintenance of the family and household – deemed to be joint and equal

Two cases when the governing system is that of CO OWNERSHIP

1) Common law union or live-in relationship


2) Void marriages (under Art 36, 44, 53 of the Family Code, absences of consent, authority of the solemnizing
officer, a valid marriage license, a marriage ceremony)

Structure of the Property Relationship

1) Salaries and wages shall be owned by them in EQUAL shares


2) Property acquired by either of the parties EXCLUSIVELY by his or her OWN fund belongs to such party provided
that there is PROOF that he or she acquired it by exclusive funds
3) Property acquired by BOTH of them through their WORK or INDUSTRY shall be government by the rules of CO-
OWNERSHIP. Consequently, either spouse may alienate in favour of the other his or her shares in the property
4) Property acquired WHILE THEY LIVE TOGETHER shall be presumed to have been obtained by their JOINT
EFFORTS, WORK or INDUSTRY, and shall be owned by them in EQUAL shares. 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 effort consisted in the care and maintenance of the family and of the household
5) The FRUITS of the couple’s SEPARATE PROPERTY are NOT included in the co-ownership
6) Property acquired by any of the parties AFTER SEPARATION shall be exclusively owned by the party who
acquired it
7) 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. HOWEVER, either spouse may ALIENATE in favour of the other his or her share in the property co-
owned. BUT no one can DONATE or WAIVE any interest in the co-ownership that would constitute an indirect or
direct grant of gratuitous advantage to the other which is void (pursuant to Article 87)
8) 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 favour of their common children. In case of default of or waiver by any or all of
the common children or their ascendants, 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
ATE, pasabi na lang kung ano yung mga cases  T.Y.