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PERSONS AND FAMILY RELATIONS > ARTICLE 74 - 87 FAMILY CODE > Flashcards

ARTICLE 74 - 87 FAMILY CODE Flashcards

1
Q

How shall property relations between husband and wife be governed?

A 
ARTICLE 74 provides:
The property relations between husband and wife shall be governed in the following order:
(1) By marriage settlements before the
marriage
(2) By the provisions of this Code; and
(3) By local customs
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2
Q

T or F

Generally, the nature, consequences and incidents of marriage are governed by law and not subject to stipulation.

A

True. The exception is the marriage settlements stipulated upon before the marriage fixing the property relations of the spouses during the marriage within the limits provided by the Family Code.

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3
Q

What is a marriage settlement?

A

Also known as ante-nuptial agreement or matrimonial contract. It is a contract entered by parties intending to be married for the purpose of fixing the property regime that will govern their present and future properties during their marriage.

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4
Q

What are the requisites of a marriage settlement?

A

Requisites of a marriage settlement:
(BNGWM)
1. Must be made BEFORE CELEBRATION OF THE MARRIAGE and even modification must also be made before the wedding except conversion into complete separation of property regime, which would be allowed if there is a judicial approval and no prejudice to creditors.

  1. Must NOT contain provisions contrary to law, morals, good customs, public order, public policy or against the dignity of either spouse.
  2. Must GENERALLY confine itself to property relations.
  3. Must be in WRITING for the marriage to be binding. It need not be in public instrument even if it involves real properties, it shall rise if under Article 77 affecting third persons.
  4. If made by MINORS, their parents must consent by signing also; if by other competent, such as those under civil interdiction, the guardian must
    consent and sign.
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5
Q

T or F

If the property regime agreed upon is void, ACOP shall govern.

A

True.

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6
Q

T or F

Marriage settlements are confined to property relations.

A

True.

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7
Q

T or F
The prospective spouses cannot enter into a settlement rejecting all kinds of property relations and to leave things according to their private desires and wishes.

A

True. Prospective spouses cannot disregard the law on property relations.

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8
Q

T or F

There must always be a property regime that will govern the property relationship

A

True.

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9
Q

T or F
The future spouses may, in the marriage
settlements, upon the regime of absolute
community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settle, or when the regime agreed upon is void, the system of absolute community as established in this code shall govern.

A

True. Art 75.

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10
Q

T or F

Marriages on or after August 3, 1988 are governed by ACOP in case they did not agree on a property regime.

A

True.

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11
Q

T or f

Marriages before August 3, 1988 are governed by CPOG in case they did not agree on a property regime.

A

True.

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12
Q

What are the principal kinds of property regime?

A
  1. ACOP
  2. CPOG
  3. Complete separation of property
  4. Other regimes
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13
Q

What is ACOP?

A

Absolute community
Under this system, there is a merger of all the properties of the husband and the wife owned by them at the time of the celebration of the marriage, or those acquired thereafter. The community of property shall be administered jointly by the spouses and to be divided equally between them after the dissolution of the marriage, unless a different proportion is agreed upon. Certain properties are excluded:

- Property acquired by either during the
marriage by gratuitous title.
- Property for personal and exclusive use
of either spouse;
- Property acquired before the marriage
by either spouse who has legitimate
descendants by a former marriage.

Note: This regime will apply if (a) there was no marriage settlement; (b) the marriage settlement is void.

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14
Q

What is CPOG?

A

Relative community or conjugal partnership of gains
Under this system, the spouses retain the ownership of the property which they respectively brought to the marriage
as well as those they may acquire during the marriage by:
a. Gratuitous title
b. Right of redemption
c. Barter
d. Exchange with separate property
e. Purchased with own money.

The spouses 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 the 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.

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15
Q

What is complete separation of property?

A

Each spouse shall own, disposes of, possess, administer and enjoy his or her own separate estate without need of the consent of the other.

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16
Q

What is the dowry or dotal system property regime?

A

Wife delivers to help expenses

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17
Q

What is complete merger system of property regime?

A

Property of wife is absorbed husband.

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18
Q

T or F
In order that any modification in the marriage settlements maybe valid, it must be made before the celebration of the marriage, subjects to the provisions of Article 66, 67, 128, 135 and 136.

A

True. Art 76
GENERAL RULE: No settlements after marriage
EXCEPTIONS (There is JUDICIAL INTERVENTION):
Article 66 – reconciliation
Article 67 – revival of former property regime
Article 128 – abandonment or failure to comply
Article 135 – causes for judicial separation of property
Article 136 – judicial separation jointly initiated by spouses

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19
Q

T or F
The marriage settlement and any modification shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall
not prejudice third persons unless they are
registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.

A

True. Art 77

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20
Q

What are the requisites for the enforceability of marriage settlements?

A

REQUISITES FOR THE ENFORCEABILITY OF MARRIAGE SETTLEMENT

a. In writing
b. Executed before the celebration of the marriage
c. Signed by the parties
d. The parent or guardian whose consent is needed must be had a party to the agreement;
e. If the party, executing the settlement is under civil interdiction, guardian appointed must be made party to the marriage settlement.

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21
Q

T or F

Marriage settlements need to be in a public instrument at all times.

A

False. It is sufficient if it is embodied in a private instrument signed by all necessary parties.

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22
Q

What is the instance wherein the marriage settlements need to be in a public instrument?

A

It needs to be in a public instrument if it binds 3rd persons as when it involves real property.

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23
Q

What are the instances wherein additional signatories are needed in a marriage settlements?

A
  1. When the prospective spouse is between 18 and 21 years old - parents/guardians must be made parties to the settlement
  2. When prospective spouse is convicted of a crime with the penalty of civil interdiction - guardian appointed by court must be a party to the settlement
  3. When prospective spouse suffers from a disability - guardian appointed by court must be a party to the settlement
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24
Q

T or F

Under the Family Code, oral marriage settlements are valid.

A

False, it is void. It must be in writing to be valid.

25
Q

T or F
Marriage settlements wherein the prospective spouse(s) is/are 18 to 21 years old requires the parent/guardian to be signatories in order that the marriage and marriage settlement be valid.

A

True. (Art 78 vs RA 6809, read page 207)

26
Q

T or F
Marriage settlements executed by a minor in order to be valid, must be consented to and signed by the persons who are authorized by law to consent to the marriage of the said minor.

A

True. (Art 78 and RA 6809)

27
Q

T or F
For the validity of any marriage settlement executed by a person 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.

A

True. Art 79

28
Q

What is civil interdiction?

A

Civil Interdiction
An accessory penalty imposed upon a criminal with imprisonment for 12 years and 1 day of more or from reclusion temporal to death. Without
(a) parental authority or guardianship
(b) marital authority,
(c) management of his property,
(d) disposal of his property by any act or
conveyance inter vivos.

29
Q

T or F

Civil interdiction impedes marriage.

A

False.

30
Q

T or F
In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. This rule shall not apply:
(1) If both spouses are aliens;
(2) With respect to extrinsic validity of
contracts affecting property not situated in
the Philippines and executed in the country
where the property is located.
(3) With respect to the extrinsic validity of
contracts entered into the Philippines but
affecting property situated in a foreign
country whose laws require different
formalities for its extrinsic validity.

A

True. Art 80

31
Q

Explain the rules on marriage settlements where one of the spouses is a Filipino while the other is a foreigner.

A
  1. They shall follow the property regime they stipulated
  2. In the absence of stipulation and the (a) husband is Filipino, or (b) the properties involved are in the Philippines, PH law shall prevail regardless of the residences of the parties and place of celebration of marriage.
32
Q

T or F
Even if both spouses are Filipino, PH laws regarding marriage settlements will not apply when the property is situated in a foreign country.

A

True, even if the contract is executed in the PH. Lex Rei Sitae.

33
Q

T or F
Everything stipulated in the settlement or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does
not take place. However, stipulations that do not depend upon the celebration of the marriage shall be valid.

A

True. Art 81.

34
Q

T or F
Marriage is in the character of a resolutory condition such that its non-fulfillment shall render void all stipulations dependent upon it.

A

True.

35
Q

T or F

Marriage settlement is an accessory contract.

A

True.

36
Q

T or F
If marriage does not take place, the marriage settlement will become void and ineffective, except stipulations therein that do not depend upon the celebration of the marriage for their validity.

A

True.

37
Q

T or F

Donations propter nuptias and marriage settlements are voided by marriages declared void ab initio.

A

True.

38
Q

What are donations by reason marriage?

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. Art 82

39
Q

What are the requisites for a valid donation propter nuptias?

A

REQUISITES FOR VALID DONATIONS PROPTER NUPTIAS

a. Must be made before the celebration of the marriage.
b. Must be made in the consideration of the same.
c. Must be made in favor of one or both of the future spouses.
d. Observance of the formalities required by law.

40
Q

T or F

Donation of land in favor of the husband one year after marriage is donation propter nuptias.

A

False. Donation propter nuptias means donation before the marriage.

41
Q

T or F

All wedding gifts are donations propter nuptias but not all donations propter nuptias are wedding gifts.

A

False. All donations propter nuptias are wedding gifts but not all wedding gifts are donations propter nuptias, since wedding gifts may be made after marriage.

42
Q

T or F

Donation propter nuptias shall be governed by the rules on ordinary donations and the Family Code.

A

True.

43
Q

T or F

If the donation involves an immovable property, the same must be in a public instrument, otherwise it becomes void.

A

True.

44
Q

T or F

If the property donated is immovable, acceptance must also be in a public instrument.

A

True.

45
Q

T or F
If the property donated is movable, acceptance may be oral except when the value of the property exceeds 5000php, in which case it must be in writing.

A

True.

46
Q

T or F
If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlement more than three-fifth of their present property. Any excess shall be considered void.

A

False. One-fifth. Art 84.

47
Q

T or F
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.

A

True. Art 84

48
Q

T or F
Donations by reason of marriage of property subject to encumbrances shall be valid. In case 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 amount of said obligation, the donee shall be entitled to the excess.

A

True. Art 85

49
Q

What is an encumbrance?

A

It covers restrictions and burdens on the property such as mortgage, pledge, attachment, levy on execution, right to
repurchase, adverse claims, leases.

50
Q

T or F
A donation by reason of marriage may be revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially declared void 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 as an act of gratitude as specified by the provisions of the Civil Code on donations in general.

A

True. Art 86

51
Q

What are the grounds for revocations of donations propter nuptias?

A

GROUNDS FOR REVOCATIONS OF
DONATIONS PROPTER NUPTIAS

(1) Causes arising from marriage
a. Not celebrated
b. Judicially declared void
c. Celebrated without consent
d. Voidable and donee is in bad faith

(2) Legal separation and the donee is found guilty
(3) Fulfillment of the imposed resolutory condition A donated to B with the condition B shall not abandon. B abandoned. Donations is revocable.

(4) Acts of ingratitude
a. Donee commits offenses against the
persons, the honor, or the property of
the donor or of spouse, children.
b. Donne imputes to the donor any criminal
offense involving moral turpitude.
c. Unduly supports donor when obliged.

52
Q

T or F
Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of
any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage.

A

True. Art 87

53
Q

T or F

Donations between spouses are generally void.

A

True.

54
Q

Why are donations between spouses generally void?

A

a. To protect unsecured creditors from being defrauded by any or both spouses;
b. To prevent stronger spouse from persuading or imposing upon the weaker one the transfer of the latter’s property to the former.
c. To prevent the indirect modification of the marriage settlement of the spouses during the marriage which is prohibited by the simple expedient of transferring to the other spouse properties subject of the contract.

55
Q

What are the valid donations between spouses?

A

EXCEPTIONS:

a. Moderate gifts. What is moderate is relative, as it depends to the financial capability and social standing of the donor.
b. Donations mortis causa
c. Donations propter nuptias (1/5 only)

56
Q

Who may assail donations?

A

Only those prejudiced by the transfer may take advantage of the fact that the donation is void.

57
Q

T or F

Donation to a paramour is void.

A

True.

58
Q

T or F

Donation to the child of the donee-spouse of a previous marriage or to the grandchildren is void.

A

True.

59
Q

What are the instances wherein husband and wife, and common-law spouses may sell or lease property to each other?

A

EXCEPTIONS:

a. Separation of property was agreed upon.
b. Judicial separation of property.

PERSONS AND FAMILY RELATIONS (14 decks)

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