Codal Provisions 3rd exams Flashcards
Article 106
Under the regime of conjugal partnership of gains, the husband and the wife shall place in a common fund the proceeds, product, fruits and income from their separate properties and those acquired by either or both spouses through their effort or by chance, upon dissolution of the marriage or the partnership, the net gains and benefits obtained by either or both spouse shall be divided equally between them, unless otherwise agreed in the marriage settlement.
Art 109
The following shall be the exclusive property of each spouse:
- that which is brought to the marriage as his or her own;
- that which is acquired during the marriage through gratuitous title;
- that which is acquired through right of redemption, by barter or by exchange of property belonging only to only one of the spouses; and
- that which is purchased with the exclusive money of the husband or wife.
Art 116
All property acquired during the marriage, whether it be made, contracted or registered in the name of one or both spouses shall be presumed to be conjugal unless the contrary is proved.
Art 117
The following are conjugal partnership properties: (L2O2FHC)
1. those obtained from the labor, work, industry or profession of either or both spouses;
2. livestock existing upon dissolution of the partnership in excess of the number of each kind brought into the marriage by either spouses;
3. those acquired by onerous title during the marriage at the expense of the common fund whether the acquisition be for the partnership or for only one of the spouses;
4. those acquired through occupation such as fishing or hunting;
5. the fruits, natural, industrial, or civil due or received during the marriage from the common property as well as the net fruits from the exclusive property of each spouse;
6. the share of each spouse in the hidden treasure to which the law awards to the finder or owner of the property where the treasure is found;
7. those which are acquired by chance such as winnings from gambling or betting, however losses shall be borne exclusively by the loser-spouse.
Article 115
Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case
Article 118
property bought on installments paid partly from the exclusive funds of either or both spouses and partly from the conjugal funds belong to the buyer spouse if the ownership is vested before the marriage and to the conjugal partnership if the ownership is vested during the marriage. In either case, any amount advanced by the conjugal partnership or by either spouse shall be reimbursed by the owner or owners upon liquidation of the partnership.
Article 135
Any of the following shall be considered sufficient cause for judicial separation of property:
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 as an absentee;
3. that the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligation to the family;
4. that the spouse granted the power of administration in the marriage settlement has abused that power;
5. that the loss of parental authority of the spouse has been decreed by the court;
6. that at the time of the petition, the spouses have been separated in fact and that reconciliation is highly improbable.
Art. 121. The conjugal partnership shall be liable for:
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.
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, which must be availed of within five years from the date of the contract implementing such decision.
Art. 126. The conjugal partnership terminates:
(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 Articles 134 to 138
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property
(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
Art. 136
The spouses may jointly file a verified petition with ‘ the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest.
Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:
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 with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.
Art. 147.
When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, 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 efforts consisted in the care and maintenance of the family and of the household.
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.
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 favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, 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.
