art 68 - 73

Question 1

Art. 68

Answer 1

The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and support.

Question 2

Rights and Obligations between Husband and Wife

Answer 2

Cohabitation
Sexual relations
Mutual love, respect and fidelity
Mutual Help and Support

Question 3

Art. 69

Answer 3

The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

Question 4

Art. 70.

Answer 4

The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from
the separate properties.

Question 5

Art. 71

Answer 5

The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70

Question 6

Under the Code, expenses of the family are chargeable to the following, in the order mentioned:

Answer 6

(1) the community or conjugal partnership property;
(2) the income or fruits of the separate properties of the spouses; or
(3) the separate properties of the spouses.

Question 7

Art. 72

Answer 7

When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.

Question 8

Relief Available to Spouses

Answer 8

[a] When spouse leaves conjugal dwelling
[b] When spouse commits acts of sexual infidelity
[c] When spouse sells the conjugal or community property without the other’s consent
[d] When husband commits violation of R.A. No. 9262

Question 9

Art. 73

Answer 9

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

Question 10

Art. 74. The property relations between husband and wife shall be governed in the following order:

Answer 10

(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local customs.

Question 11

without any marriage settlement

Answer 11

property relations shall be governed by a regime of absolute community

Question 12

marriage settlement

Answer 12

ante nuptial contract

Question 13

requisites of marriage settlement

Answer 13

1. must be written
2. must be made prior to the celebration of the marriage
3. signed by both parties
4. must not prejudice 3rd persons unless registered in the civil registry or proper registry of property
5. parties must fix the terms and conditions of the property relations
6. need of additional signatories/guardians for civil interdiction Article 79

Question 14

Art. 79.

Answer 14

For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto.

Question 15

Efficacy of marriage settlement

Answer 15

1. Marriage settlement does not take effect if there is no marriage.
   EXCEPTION:
   if stipulations are not dependent on the marriage celebration, the provisions are still valid under Art 81.
2. Property relations are governed by the Philippines Laws regardless of the place of the celebration of marriage and the parties’ residence
   EXCEPTION: Article 80
   (1) Where both spouses are aliens;
   (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and
   (3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.

Question 16

Modification on Marriage Settlement

Answer 16

1. must be done before marriage
2. must me in writing
3. must be signed
   EXCEPTION:
4. Judicial decrees during the marriage
5. Revival of the former property regime between reconciled spouses after a judicial declaration of Legal Separation - Art 66 and 67.
6. Abandoned Spouse filed a petition for separation of property without a judicial declaration of Legal Separation Art. 128
7. Ground for filing judicial separation for sufficient cause Art 135

Question 17

Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:

Answer 17

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an absentee;

(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

Question 18

Subsequent marriages ACP Art 103 and CPG Art 130

Answer 18

1. property shall be liquidated in the same proceeding for the settlement of the estate of the deceased
2. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within one year from the death of the deceased spouse.
3. If upon the lapse of the said period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.
4. Should the surviving spouse contract a subsequent marriage without complying with the foregoing requirements, a mandatory regime of COMPLETE S SEPARATION OF PROPERTY shall govern the property relations of the subsequent marriage.

Question 19

Art. 82 Donation propter nuptias

Answer 19

Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.

Question 20

for a donation to be considered as donation propter nuptias, the following requisites
must be present:

Answer 20

(1) it must be made before celebration of the marriage;
(2) it must be made in consideration of the marriage; and
(3) it must be made in favor of one or both of the future spouses. In this kind of donation, it is essential that the donee or donees be either of the future spouses or both of them, although the donor may either be one of the future spouses or a third person.

Question 21

the following donations are not donations propter nuptias

Answer 21

(1) those made in favor of the spouses after the celebration of marriage;
(2) those executed in favor of the future spouses but not in consideration of the marriage; and
(3) those granted to persons other than the spouses even though they may be founded on the marriage.

Question 22

acceptance of Donation

Answer 22

“express acceptance is not necessary for the validity of these donations.” Thus, implied acceptance is sufficient for the validity of donations propter nuptias under the New Civil Code.

Question 23

Rules of Donation

Answer 23

1. there should be a valid MS and stipulated property regime
2. 1/5 only from the property of the future spouse but only excess is considered void. However, in ACP the law does not impose any limitation or reduction to the donation to the future spouse.
3. if DNP is not included in MS but in a different instrument or deed, the limitation does not apply.
4. no person may give/receive by way of donation more than he may give/receive by will.

Question 24

Art. 85. encumberance

Answer 24

Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (131a)

Question 25

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

Answer 25

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (2) When the marriage takes place without the consent of the parents or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a resolutory condition and the condition is complied with; (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.

Question 26

Rules of Donation during marriage is void. reasons:

Answer 26

1. to protect creditor from being defrauded 2. so that the stronger spouse will not compel the weaker spouse to transfer properties 3. indirect modification of MS 4. donation mortis causa - after death

Question 27

future property

Answer 27

While ordinary donations cannot comprehend future property, donations propter nuptias of future property between future spouses are not prohibited

Question 28

regime of absolute community, Art. 88.

Answer 28

The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. the spouses are considered co-owners of all the property owned by them at the time of the celebration of the marriage or acquired thereafter, unless otherwise provided in Article 92 of the Family Code or in the marriage settlement.

Question 29

Art. 89. ACP waiver

Answer 29

No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.

Question 30

What Constitutes Community Property - Art 91

Answer 30

Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. 1. owned at the time of the celebration of their marriage 2. acquired thereafter 3. winnings from any game of chance

Question 31

Art. 92. The following shall be excluded from the community property: BEG

Answer 31

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property; (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.

Question 32

Charges and Obligations of the Absolute Community Art. 94. The absolute community of property shall be liable for:

Answer 32

1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited; (4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property; (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family; (6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family; (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; (9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and (10) Expenses of litigation between the spouses unless the suit is found to be groundless. If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)

Question 33

Art. 93.

Answer 33

Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.

Question 34

Dissolution of Absolute Community Regime Art. 99. The absolute community terminates: ACP and CPG

Answer 34

(1) Upon the death of either spouse; (2) When there is a decree of legal separation; (3) When the marriage is annulled or declared void; or (4) In case of judicial separation of property during the marriage under Article 134 to 138.

Question 35

Charges and Obligations of the Absolute Community Art. 94. The absolute community of property shall be liable for:

Answer 35

1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited; (4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property; (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family; (6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family; (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; (9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and (10) Expenses of litigation between the spouses unless the suit is found to be groundless. If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)

Question 36

Art. 93.

Answer 36

Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.

Question 37

Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply:

Answer 37

(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse. (2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94. (3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. (4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. (5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51. (6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children.

Question 38

Conjugal partnership of gains

Answer 38

- commences at the precise moment of celebration of the marriage - Art 89 also applies No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements.

Question 39

governed by the rule CPG

Answer 39

Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements.

Question 40

Exclusive Property of Each Spouse CPG Art. 109. The following shall be the exclusive property of each spouse:

Answer 40

(1) That which is brought to the marriage as his or her own; (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (4) That which is purchased with exclusive money of the wife or of the husband. Art 118 bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds, if full ownership was vested before the marriage

Question 41

Art. 120. improvements

Answer 41

When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement. In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership.

Question 42

Charges Upon and Obligations of the Conjugal Partnership Art. 121. The conjugal partnership shall be liable for:

Answer 42

(1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited; (4) All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property; (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse; (6) Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family; (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; and (9) Expenses of litigation between the spouses unless the suit is found to groundless. If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their separate properties

Question 43

Section 5. Administration of the Conjugal Partnership Property

Answer 43

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,

Question 44

Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:

Answer 44

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction; (2) That the spouse of the petitioner has been judicially declared an absentee; (3) That loss of parental authority of the spouse of petitioner has been decreed by the court; (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101; (5) That the spouse granted the power of administration in the marriage settlements has abused that power; and (6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.