Family Code

Question 1

The Family Code

Answer 1

EO 209

Question 2

The Family Code was published on ___, newspaper___

Answer 2

August 4, 1987

Question 3

The Family Code Effectivity

Answer 3

August 3, 1988

Question 4

Property relations shall be governed in the following order:

Answer 4

By marriage settlements (pre-nuptial agreement)
By the provision of this code
By the local customs

Question 5

Future spouses may, in the marriage settlement, agree on the regime of:

Answer 5

Absolute Community of Property (ACP)
Conjugal Partnership of Gains (CPG)
Complete Separation of Property (CSP)
Any other regime (combination of the three)

Question 6

Art. 76. In order that any modification in the marriage settlements may be valid, it must be ___

Answer 6

made before the celebration of the marriage

Question 7

If there is no marriage settlement or when the regime agreed upon on is void, the system of ___ will govern

Answer 7

Absolute Community Property

Question 8

is an act of liberality by which a person disposes gratuitously of a thing or right in favor of another, who accepts it

Answer 8

donation

Question 9

For Donations by Reason of Marriage may be valid, the ff. requisites must be present

Answer 9

-Must be made before the celebration of marriage
-Must be made in consideration of the marriage
-Must be made in favor of one or both future spouses

Question 10

if the spouses are governed by a regime other than ACP, they cannot donate to each other in their marriage settlements ___ of their present property. Any excess shall be considered void.

Answer 10

more than one fifth (1/5)

Question 11

If the spouses are governed by ACP, there is ___ as to the extent of the donation the future spouses may give to one another before or in consideration of the marriage

Answer 11

no limit

Question 12

ACP between spouses shall commence at the ___

Answer 12

precise moment that the marriage is celebrated

Question 13

no waiver of rights, interests, shares, and effects of the ACP during the marriage can be made except in case of ___

Answer 13

judicial separation of property

Question 14

what constitutes community property

Answer 14

all the property owned by the spouses at the time of the celebration of marriage or acquired thereafter, except those excluded in the Marriage Settlement

Question 15

what are the properties excluded in ACP

Answer 15

*Property acquired during the marriage by gratuitous title by either spouse, and the fruits and income thereof, if any, unless it is expressly provided by the donor, testator, or grantor that they shall from part of the community property

*Property for personal and exclusive use of either spouse, except jewelry

*Property acquired before 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 16

in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, loss shall be ____ and any winnings shall ___

Answer 16

borne by the loser and shall not be charged to the community, form part of the community property

Question 17

Art. 96. The administration and enjoyment of the community property shall belong to ___

Answer 17

both spouses jointly

Question 18

in the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may ___. These powers does not include ____

Answer 18

assume sole powers of administration, disposition or encumbrance without authority of the court or the written consent of the other spouse

Question 19

the disposition or encumbrance without authority of the court or the written consent of the other spouse shall be ___

Answer 19

void

Question 20

Art. 100. The separation in fact (separation de facto) between husband and wife shall not affect the regime of absolute community except that:

Answer 20

when the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding

Question 21

Art 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for

Answer 21

*for receivership

*for judicial separation of property

*for authority to be sole administrator of the absolute community

Question 22

if no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within ___ from the death of the deceased spouse

Answer 22

6 months

Question 23

if upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be

Answer 23

void

Question 24

should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, ____ shall govern the property relations of the subsequent marriage

Answer 24

a mandatory regime of complete separation of property

Question 25

the ACP terminates with the ff.

Answer 25

Upon the death of either spouse

Decree of legal separation

Marriage is annulled or declared void

In case of judicial separation

Question 26

Property regime where spouses place in common fund, the fruits of their separate property, and the income from their work or industry and the same is to be divided between them equally, generally, upon the dissolution of the marriage or the partnership

Answer 26

Conjugal Partnership of Gains

Question 27

if marriage was before August 3, 1988, without pre-nuptial agreement, what will be the property regime that will govern the property relations

Answer 27

Conjugal Partnership of Gains

Question 28

in conjugal partnership of gains, what are the exclusive property of each spouse

Answer 28

*that which is brought to the marriage as his or her own

*that which each acquires, during the marriage, by gratuitous title

*that which is acquired by right of redemption or by exchange with other property belonging to only one of the spouse

*that which is purchased with exclusive money of the wife or of the husband

Question 29

exclusive property of the wife

Answer 29

paraphernal

Question 30

exclusive property of the husband

Answer 30

capital

Question 31

the CPG terminates

Answer 31

Death or annulment

Dissolution of partnership, like legal separation or judicial separation of property

Question 32

property regime wherein each spouse has sole ownership, control and enjoyment over their separate estate without needing the other’s consent

Answer 32

Regime of Separation of Property

Question 33

two instances when the governing system is that of co-ownership

Answer 33

1st instance - when a man and a woman live together as husband and wife, but they are not married (they are capacitated to marry each other) or when there is void marriage however on spouse is psychologically incapacitated

2nd instance - when the marriage is void (void ab initio) (grounds other than psychological incapacity)

Question 34

Under the rules of co-ownership, the share of the co-owners, in the benefits as well as the charges, shall be ___

Answer 34

proportional to their respective interests

Question 35

the properties of common-law partners falling under Article 147 of the Family Code, which is under co-ownership are as follows

Answer 35

a. Property acquired by either or both of them thru their work or industry

b. Wages and salaries

Question 36

common law spouses shall be under this property regime

Answer 36

Property Regime of Union without Marriage

Question 37

Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of both spouses, is presumed to be ___

Answer 37

conjugal unless the contrary is proved