General Rule / Exceptions

Question 1

General Rule: Marriage settlements shall not prejudice third persons. (Art 77 FC)

Answer 1

Exceptions: Unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of property. (Art 77 FC)

Question 2

General Rule: 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. (Art 80 FC)

Answer 2

Exception: This rule shall not apply:

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 lcoated; 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. (art 80 FC)

Question 3

General Rule: Everything stipulated in the settlements or contracts 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. (art 81 FC)

Answer 3

Exception: Stipulations that do not depend upon the celebration of the marriage shall be valid (art 81 FC)

Question 4

General Rule: If a marriage is not celebrated or judicially declared void ab initio, the donation by reason of marriage may be revoked by the donor. (art 86)

Answer 4

Exception: Except when the donation does not depend upon the celebration or validity of the marriage (art 81 FC)

Question 5

General Rule: Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void (art 87)

(prohibition also applies to persons living together as husband and wife without a valid marriage, as provided by art 87)

Answer 5

Exception: Except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (art 87)

Question 6

General Rule: No waiver of rights, interests, shares and effects of the absolute community of property during the marriage can be made. (art 89)

Answer 6

Exception: Except in case of judicial separation of property (art 89).

Question 7

General Rule: The community property shall consist of all property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (art 91)

Answer 7

Exception:

1. Unless otherwise provided in this Chapter (Ch 3 Title IV FC) or in the marriage settlements. (art 91)
2. a. 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;
3. b. Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
4. c. 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. (art 92)

Question 8

General Rule: Property acquired during marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, shall be excluded from the community property. (art. 92)

Answer 8

Exception: Unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property (art 92).

Question 9

General Rule: Property for personal and exclusive use of either spouse shall be excluded from the community property. (art 92)

Answer 9

Exception: Jewelry shall form part of the community property (art 92)

Question 10

General Rule: Property acquired during the marriage is presumed to belong to the community (art 93).

Answer 10

Exception: Unless it is proved that it is one of those excluded therefrom (art 93).

Question 11

General Rule: The absolute community of property shall be liable for the support of the spouses, their common children, and legitimate children of either spouse. (art 94)

Answer 11

Exception: The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported (art 100).

Question 12

General Rule: If the community property is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their separate properties. (art 94)

Answer 12

Exception: Except those falling under paragraph 9. (art 94)

Paragraph 9: Antenuptial debts of either spouse other than those falling under paragraph (7) [antenuptial debts which have redounded to the benefit of the family] 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.

Question 13

General Rule: Expenses of litigation between the spouses shall be payable by the community property (art 94)

Answer 13

Exception: Unless the suit is found to be groundless (art 94).

Question 14

General Rule: Neither spouse may donate any community property without the consent of the other. (art 98)

Answer 14

Exception: However, either spouse may, without the consent of the other, make moderate donation from the community property for charity or on occasions of family rejoicing or family distress. (art 98)f

Question 15

General Rule: The separation in fact between husband and wife shall not affect the regime of absolute community. (art 100)

Answer 15

Exception: Except that:

1. The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
2. 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;
3. In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share. (art 100)

Question 16

General Rule: The debts and obligations of the absolute community shall be paid out of its assets. (art 102).

Answer 16

Exception: 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. (art 102)

Question 17

General Rule: The net remainder of the properties of the absolute community shall constitute its net assets which shall be divided equally between husband and wife. (art 102)

Answer 17

Exception: Unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share as provided in this Code. (art 102)

Question 18

General Rule: 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. (art 102)

Answer 18

Exception: Unless otherwise agreed upon by the parties.

The Court shall decide in case there is no majority of children (taking into consideration the best interest of the children) (art. 102).

Question 19

General Rule: Children below the age of seven years are deemed to have chosen the mother in case of partition of the properties and separation of the parties. (art 102)

Answer 19

Exception: Unless the court has decided otherwise. (art 102).

Question 20

General Rule: The provisions of the Chapter on Conjugal Partnership of Gains in the Family Code shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of the Family Code. (art 105)

Answer 20

Exception: Without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256. (art 105)

Article 256: This Code [Family Code] shall have retroactive effect insofar as it does not prejudice or impari vested or acquired rights in accordance with the Civil Code or other laws.

Question 21

General Rule: The net gains or benefits obtained by either or both spouses under the regime of conjugal partnership of gains shall be divided equally between the spouses. (art 106)

Answer 21

Exception: Unless otherwise agreed in the marriage settlements. (art. 106).

Question 22

General Rule: No waiver of rights, interests, shares and effects of the conjugal partnership of gains during the marriage can be made. (art 107 in rel art 89)

Answer 22

Exception: Except in case of judicial separation of property (art 107 in rel art 89)

Question 23

General Rule: All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal. (art 116)

Answer 23

Exception: unless the contrary is proved. (art 116)

Question 24

General Rule: Whenever an amount or credit payable within a period of time belong to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the princiap shall be the exclusive property of the spouse. (art 119)

Answer 24

Exception: Interests falling due during the marriage on the principal shall be long to the conjugal partnership. (art 116).