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Civil Law > art 74-art 148 > Flashcards

art 74-art 148 Flashcards

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1
Q

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

A

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

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2
Q

without any marriage settlement

A

property relations shall be governed by a regime of absolute community

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3
Q

marriage settlement

A

ante nuptial contract

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4
Q

requisites of a marriage settlement

A
  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
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5
Q

Efficacy of marriage settlement

A
  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.
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6
Q

Modification on Marriage Settlement

A
  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
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7
Q

Subsequent marriages ACP Art 103 and CPG Art 130

A
  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.
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8
Q

Art. 82 Donation propter nuptias

A

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.

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9
Q

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

A

(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.

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10
Q

the following donations are not donations propter nuptias

A

(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.

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11
Q

acceptance of Donation

A

“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.

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12
Q

Rules of Donation

A
  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.
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13
Q

Art. 85. encumberance

A
  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.
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14
Q

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

A

(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.

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15
Q

Rules of Donation during marriage is void. reasons:

A
  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
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16
Q

future property

A

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

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17
Q

regime of absolute community, Art. 88.

A

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.

18
Q

Art. 89. ACP waiver

A

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.

19
Q

What Constitutes Community Property - Art 91

A

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
20
Q

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

A
  1. Marriage Settlement***
  2. Property acquired by Gratuitous Title as well as the fruits and income
    (Except: Expressly Provided by Donor, Testator or Grantor)
  3. Property for Personal and Exclusive Use (Except: Jewelry)
    Req:
    a) Brought inside the marriage or were acquired during the marriage
    b) Must be interpreted in terms of value
  4. Property Acquired before the marriage who has legitim
21
Q
  • Charges upon the Absolute Community and Conjugal Partnership of Gains
    ( In case of Insufficiency the spouses shall be solidary liable with their separate properties except in No.10)
A
  1. Support :
    - Spouses
    - Common Children
    - Legitimate Children of Either Spouse
  2. All Debts and Obligation contracted during the marriage by:
    - Designated Administrator Spouse for the benefit of the community
    (There must be a proof to show that it redounded to benefit of the family)
    ‐ Both Spouses
    ‐ One spouse with the Consent of the other (Consent may be express or Implied)
  3. Debts and Obligations contracted by either spouse w/o consent of the other to
    the extent that the family may have been benefited
  4. All, upon the community property: (TLCE)
    ‐Taxes
    ‐Liens
    ‐Charges
    ‐Expenses including major and minor repairs
  5. All taxes and expenses for the preservation of the separate property 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 insofar as it redounded to the benefit of the family
  8. The value of what is donated by the spouses for the commencement or
    completing professional or vocational course or other activity for self‐improvement
    ( Must be by both spouses, otherwise it will fall under the prohibition of donations
    under Art 87)
  9. Expenses of litigation Requisite:
    a) The suit is between husband and wife
    b) The suit is not groundless
  10. In case of insufficiency of the exclusive property of the debtor‐spouse, the
    payment shall be considered as advances to be deducted upon liquidation of the community property:
    a) Antenuptial Debts of either spouse that did not redound to the benefit of the family
    b) Support of Illegitimate Children of either spouse
    c) Liabilities incurred by reason of crime and quasi-delict
22
Q

Art. 93.

A

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

23
Q

Ownership, Administration, Enjoyment and Disposition of the ACP

A
  1. Shall be enjoyed and administrated by both spouses.
    o In case of disagreement the husband’s decision will prevail, subject to the
    recourse of the wife in the court for a proper remedy.
    Prescriptive period: within 5 years from the date of contract implementing such decision
    o May be validly delegated to only one spouse in a marriage settlement
    o Do not require that the husband and wife always act together
    o Any disposition by one spouse of the said properties without the knowledge and
    consent of the other is null and void
    o May dispose by will his/her interest Exception: Encroachment of legitimes
    o Neither spouse can donate w/o the consent of the other
    Exception: Moderate Donations for charity or occasions of family rejoicing
  2. If one of the spouses is incapacitated or unable to participate in the administration the following rules shall apply:
    a) The other spouse may assume sole power of administration
    ‐ Summary Proceeding (if it involves abandonment, separated or absent)
    ‐ Judicial Guardianship(if Incompetent. i.e comatose,stroke)
    b) Except the powers of; (However, transaction shall be construed as
    continuing offer, and may be perfected as a binding contract upon
    the consent of the other spouse or authority of the court)
    ‐ Disposition
    ‐Encumbrance
    Exception to the exception:
    ‐Authority of the Court
    ‐Written Consent
24
Q

Dissolution of ACP and CPG

A

i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration of Nullity
iv. Judicial Declaration of Separate Property

25
Q

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

A
  1. Inventory; List of all the properties of the ACP and Exclusive properties of each spouse
  2. Debts and Obligations in ACP shall be paid out of its assets. In case of insufficiency, the separate property of both spouses shall be solidarily liable for the unpaid balance
  3. Remains in the exclusive property shall be delivered to the spouses
  4. Net assets shall be divided between the spouses equally
    Except:
    - Different proportion agreed upon in marriage settlement
    - Waiver
    (In cases of forfeiture due to bad faith net profits shall be the increase in value between market value of the community property at the time of the celebration of marriage and the time of dissolution)
  5. Delivery of the Presumptive Legitimes(Presumed Inheritance) of the Common Children
  6. Conjugal Dwelling shall be adjudicated to the spouse where the majority of the children choose to remain. In case no majority the court shall decide. In the absence of agreement in the partition of properties this rule shall apply.
26
Q
  • Effects of Separation in Fact ACP and CPG
A

General Rule: It will not affect the property regime
Exception:
a) No support for the spouse who leaves the conjugal home without just cause
b) When the consent of one spouse in atransaction is required by law; judicial
authorization may be obtained in a summary proceeding
c) In case of absence or insufficiency of ACP, separate property of both
spouses shall be solidary liable for the support of the family (The spouse present, upon proper petition in a summary proceeding be given judicial authority to administer
or encumber any separate property of the other spouse)

27
Q

Remedy for Abandonment without Just Cause (left the conjugal dwelling w/o
intention of returning) or Failure to comply with Obligations (Marital, Parental and
Property Relations) in ACP and CPG;
The aggrieved spouse may petition to the court for:

A

a) Receivership
b) Judicial Separation of Property
c) Authority to be the sole administrator of the ACP

(No intention of returning: left the conjugal dwelling for 3 months or failed to give
whereabouts)

28
Q

Judicial Separation of Property

A

Judicial Separation of Property may be voluntary or for sufficient causes

29
Q

Conjugal Partnership of Gains

A

Default regime before August 3, 1988 (before the effectivity of Family Code) of the Family Code
- Spouses shall 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
- All property acquired during the marriage is presumed to be conjugal; Regardless that is made, contracted or registered in the name of one or both spouses
- Net gains or benefits in the CPG shall be divided equally by both spouses

  • Spouses retain the ownership, possession and administration and enjoyment in their exclusive properties
  • Payment of Personal Debts shall not be charged to the CPG , but incase of absence or insufficiency of Exclusive Property shall be paid out of the CPG but subject to indemnification upon liquidation
30
Q

Inclusions in the CPG

A
  1. Acquired by onerous title during the marriage at the expense of the common fund
  2. Obtained through labor, work, profession and industry of either or both spouses
  3. Fruits, Natural, Industrial, Civil due or received during the marriage from the common property and the Net fruits of their exclusive property
  4. Share of the hidden treasure to which the law awards to the finder or owner
    of the property
  5. Acquired through occupation of hunting and fishing
  6. Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage
  7. Acquired by chance, winning from gambling or betting
    (Losses shall be borne by the exclusively by the loser‐spouse)
31
Q

Exclusions or excusive property of spouse in CPG

A
  1. Brought to the marriage as his or her own
  2. Gratuitous title acquired during the marriage (However the fruits and income shall be considered conjugal)
    Including:
    - Retirement benefits
    - Usufructs
    - Pensions
    -Annuities
    -Similar Benefits
  3. Acquired by right of redemption, by barter or by exchange with property belonging to only one spouse
  4. Purchased with the exclusive money of the wife and the husband
32
Q

Rules on Conditional Contract of Sale: (paid partly by the exclusive and the
CPG)

A

‐ If ownership is vested before the marriage it belongs; to the buyer
‐ If ownership vested during the marriage; to the CPG

33
Q

Rules on Credits belonging to one spouse

A

‐ Whatever may be collected shall be the exclusive property of the spouse
Except : Interest in such debt shall belong to the CPG

34
Q

Ownership, Administration, Enjoyment and Disposition of the CPG

A
  1. Shall be enjoyed and administrated by both spouses.
    o In case of disagreement the husband’s decision will prevail, subject to the
    recourse of the wife in the court for a proper remedy.
    Prescriptive period: within 5 years from the date of contract implementing such decision
    o May dispose by will his/her interest
    Exception: Encroachment of legitimes
    o Neither spouse can donate w/o the consent of the other
    Exception: Moderate Donations for charity or occasions of family rejoicing
  2. If one of the spouses is incapacitated or unable to participate in the administration the following rules shall apply:
    a) The other spouse may assume sole power of administration
    ‐ Summary Proceeding (if it involves abandonment, separated or absent)
    ‐ Judicial Guardianship
    (if Incompetent. i.e comatose,stroke)
35
Q

Dissolution of CPG:

A

i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration of Nullity
iv. Judicial Declaration of Separate Property

36
Q
  • Sufficient Causes for Judicial Separation
    Spouse of the Petitioner:
A
  1. Sentenced to a penalty which carries with it civil interdiction
  2. Loss of Parental authority
  3. Judicial Declaration of Absence
  4. Abandonment and Failure to comply Obligations
  5. Abuse of the granted powers of Administration
  6. Spouses are separated in fact and reconciliation is highly improbable
37
Q

Revival of Property Regime

A
  1. Civil Interdiction terminates
  2. Parental Authority is restored
  3. Absentee spouse reappears
  4. Court is satisfied that the other spouse will not abuse the powers of administration
  5. Spouses separated in fact shall reconcile and resume common life
  6. Spouse who left conjugal home resumes common life
  7. In case of voluntary JSP, Agreement to revive former property regime
38
Q

Administration of exclusive property may be transferred to the other on the ff.
circumstances:

A
  1. When one spouse becomes the guardian of the other
  2. When one spouse is judicially declared an absentee
  3. When one spouse is sentenced to a penalty which carries civil interdiction
  4. When one spouse is a fugitive from justice or in hiding as an accused
    criminal
39
Q

Chapter 6. Regime of Separation of Property

A

Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.

The liabilities of the spouses to creditors for family expenses shall, however, be solidary.

40
Q

Property Regime of Unions Without Marriage
Special Co-Ownership (Art. 147)

A

Requisites:
1. Man and Woman are Capacitated to Marry each other
2. Live exclusively as husband and wife
3. Without the benefit of marriage or under
a void marriage
Rules
1. Wages and salaries shall be owned by them in equal
2. In absence of proof; Presumption of equal share applies
3. A party who did not participate is deemed to have contributed jointly if the efforts consisted in the care and maintenance of the family and the household
4. Neither can encumber his or her share in the property acquired during cohabitation and owned in common w/o consent of the other until after the termination of their
cohabitation
5. Party in bad faith’s share shall be forfeited in favor of common children.
In case of default or waiver:
- descendants
-Innocent party

41
Q

Limited Co-Ownership (Art.148)

A

Limited Co-Ownership (Art.148)
Requisites:
1. Man and Woman not capacitated to marry each other
2. Live exclusive as husband and wife
Rules
1. Properties acquired by both of them through their actual joint contribution shall be owned by them in proportion of their respective shares
2. In the absence of proof the Presumption of equal shares will apply
Including: Joint Deposits of money and credit
3. If one of the parties is validly married his/her share shall be included in the property regime of that marriage
4. Party in bad faith’s who is not validly married share shall be forfeited in favor of commonchildren.
In case of default or waiver:
- descendants
-Innocent party

Civil Law (8 decks)

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