True or False - General Provisions - Uribe Quiz Style

Question 1

True or False. The property relations between husband and wife shall be governed in the following order:

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

Answer 1

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

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

*Marriage settlements have to be executed before the marriage.

Question 2

True or False. The future spouses shall, in the marriage settlements, agree upon the regime of absolute community, conjugal property of gains, judicial separation of property, or any other regime.

Answer 2

FALSE. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime.

• may not shall
• conjugal partnership of gains, not conjugal property of gains

Question 3

True or False. In the absence of marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in the Family Code shall govern.

Answer 3

True

Question 4

True or False. In order that modifications in the marriage settlements may be valid, it must be made before the celebration of marriage, subject to the provisions of Article 66, 67, 128, 135, and 136.

Answer 4

True

Question 5

True or False. The marriage settlements and any modification thereof may be in writing, signed by the parties and their parents, and executed before the celebration of the marriage.

Answer 5

False. The marriage and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage.

• shall not may
• signed by the parties (except for cases in Art. 78)

Question 6

True or False. Marriage settlements shall not prejudice third persons.

Answer 6

False. The marriage settlements 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 property.

*the marriage settlements may prejudice third persons if it is registered in (1) the local civil registry where the marriage contract is recorded; as well as (2) proper registries of property.

Question 7

True or False. A minor may also execute his or her marriage settlements, but they shall be valid only if his or her parents give consent to the marriage.

Answer 7

False. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.

• not all minors; only minors according to law may marry (18-21)
• Article 14: father, mother, surviving parent or guardian, or persons having legal charge of them
• give consent to the marriage and made parties to the marriage settlement.

Question 8

True or False. For the validity of any marriage settlements executed by a person upon whom a sentence 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.

Answer 8

False. For the validity of any marriage settlements executed by a person upon 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.

*not just sentence but sentence of civil interdiction

Question 9

True or False. 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.

Answer 9

False. 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. 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.

• Philippine laws govern in the absence of contrary stipulations in the marriage settlement
• Rule does not apply to specific cases

Question 10

True or False. Everything stipulated in the settlements 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.

Answer 10

False. Everything stipulated in the settlements 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.

*stipulations that do not depend upon the celebration of the marriage shall be valid.