Civ Rev Rabuya Reviewer.
Civ Rev Rabuya Reviewer.
Civ Rev Rabuya Reviewer.
ART.74-81, FC.
a. NB.
> Written;
> signed by parties;
>executed before celebration of marriage.
Everything in MS is void
Donation propter nuptias in MS is void
Stipulations which do not depend upon the celebration of
marriage
(acknowledgment of paternity) shall remain valid.
b) IF MS is VOID /ABSENCE:
a) GR: PH Law govern their property relations (regardless of place of M celebration and
residence)
As to Present Property
i. If regime agreed is ACP no limit on extent of donation
E. If resolutory condition is complied donation may be revoked by donor.
ii. If regime agreed is NOT ACP they cannot donate to each other more
F. If done commits acts of ingratitude (Art.765 NCC) donation may be revoked by donor.
than 1/5 of their present property - otherwise, excess is void.
iii. As to form donation must comply with art. 748 and 749.
4. DONATIONS DURING MARRIAGE:
As to future property
i. As to form in form of wills
NB: Donation of future property is allowed if it is in same GR: Every donation/grant of gratuitous advantage between spouses during
form of donation propter nuptias and donor is one of the marriage VOID
future spouses in favor of the other future spouse. donation o Donation of one of the spouses to children of other spouse by another
is treated as testamentary disposition governed by marriage ( donation to step-children ) or to persons of whom other
testamentary succession and in form of wills spouse is presumptive heir at time of donation PROHIBITED
because they constitute as indirect donation to other spouse.
If donor is not future spouse- donation is invalid as per Art. EXC: Spouses may give each other moderate gifts on family rejoicing.
751 even if same is in form of donation propter nuptias. Extent of prohibition: applies also to persons living together as husband and
wife without valid marriage license.
A. Non-celebration of marriage
B. WHEN GOVERNING:
i. Marriage under CC. / before Aug. 3.1988 ACP governs if stated in MS between
future spouses. A. Properties included:
ii. Marriage under FC / on Aug. 3, 1988 or after ACP governs IF
a. If stated in MS between future spouses or All properties owned by Spouses at time of celebration of
b. If no MS at celebration of marriage / MS is void. marriage / acquired during marriage (UNLESS, excluded in
MS or Art. 92 FC)
(not ripen into title until it appears that there are assets in the ACP as
result of liquidation and settlement)
10. DISSOLUTION / TERMINATION OF ACP aggrieved spouse may petition for receivership / for
authority to be sole admin of ACP.
If surviving spouse contracts subsequent marriage + b. PAYMENT OF DEBTS AND OBLIGATIONS OF ACP
non-compliance w/ such requisite mandatory i. If ACP is insufficient spouses solidarily liable for unpaid balance
regime of CS shall govern property relations of with their separate properties.
subsequent marriage.
c. REMAINDER OF EXCLUSIVE PROPERTY delivered to each spouse.
Net Profits - subject to forfeiture under Art. 43 (2) and 63 (2) FC.
Art. 105-133, FC
12. CONJUGAL PARTNERSHIP OF GAINS (CPG) Any stipulation for other time of
commencement is void.
Spouses who reconcile after finality of
decree of legal separation may not adopt
A. CPG (IN GENERAL) CPG as new regime notwithstanding Sec.
23 and 24(a) of Rule on Legal
CONCEPT: Separation.
ii. Partnership provisions apply suppletorily. o GR: no waiver of (RISE) rights, interests, shares and
effects of CPG during marriage.
iii. Upon dissolution of marriage / CPG, net gains / benefits
obtained by either or both spouses shall be divided equally o EXC: Waiver upon judicial separation of property
UNLESS they agree to other in MS.
o RATIONALE:
A: In Pana v Heirs of Jose Juanite, Sr. SC did not agree with o EXC:
RTC and CA. SC ruled that Art 256 FC does not intend to Fruits + Income of separate properties,
retroact and automatically CPG that existed before 1988 included in CPG, but only net fruits shall
into ACP excepting only those prenuptial agreements. be included.
Those included in MS, except 1/5
limitation under art. 148 FC and Rule in
art. 92(3) FC, apply by analogy.
NB:
Property donated / left by will to
Commencement: spouses jointly and with designation
of determinate shares pertains
o At celebration of marriage only to Donee-spouse as his
exclusive property
If without designation share - IMPORTANT is that acquisition Is made DURING
equally (without prejudice to right MARRIAGE.
of accretion)
If retirement benefits, pensions,
annuities, gratuities, usufructs and
similar benefits are obtained out of NB:
pure liberality of donor benefit is
Proof of acquisition of property
Separate Property of grantee
spouse. during marriage is CONDITION SINE
QUA NON for operation of
- If such is only Conjugality presumption.
accumulation / deduction from Not needed to prove that it is
money earned during marriage or acquired with CP funds. superfluity.
from salaries of either spouse, then
such benefit becomes CPG. Presumption refers only to property
acquired during marriage and does
not operate when no allegation when
such property is acquired.
Properties acquired by redemption right / barter / exchange with
property belonging to only 1 of spouses.
Properties purchased with exclusive money. - If no showing as to when
property was acquired presumption
cannot prevail when title is in the
name of 1 spouse and rights of
innocent 3rd parties are involved.
- if property is registered
in name of 1 spouse w/ description
that he is married to other spouse
merely descriptive of civil status of
registered owner.
- registration of property
in name of 1 spouse does not negate
B. PROPERTIES INCLUDED:
possibility of it being C / ACP, if
theres proof that properties tho
Properties acquired by ONEROUS TITLE DURING MARRIAGE at
registered in name of 1 spouse were
expense of common fund.
indeed either conjugal/ACP.
o Requisites
1. Acquired during marriage
2. Thru onerous title Even if acquired during marriage,
3. At expense of common fund conjugality presumption cannot be
applied to private lands if 1 of
o GR: Presumption of Conjugality: spouses is Alien because it violates
the 1987 Constitution prohibiting
- all properties acquired during marriage is presumed aliens from acquiring private lands in
conjugal (regardless if registered / contracted in name of PH.
1 spouse only or both)
o EXC: Property acquired thru redemption right
EXC: contrary if proved
if redemption comes from C funds it
shall still separate property of spouse who
- Presumption is not rebutted by mere fact that cert. of title have redemption right subject to
of property / Tax Dec. in in name of 1 spouses only / reimbursement.
registration of trade name is in name of W alone / credit is
loaned during marriage by 1 spouse only.
Property acquired during marriage from labor (industry, work,
profession) of either / both spouses
o If cost of improvement and any which increase value more
Fruits from CP and net fruits from separate properties. than value at time time of improvement CPG
Net fruits remainder of fruits after deducting o If less than, - owner spouse.
deducting administration expenses of exclusive
property. o In both case reimbursement upon liquidation of CPG
ownership vest only upon reimbursement
o Principal and interest payable in instalments: if
credit is payable within period of time and belong to NB: reimbursement obligation for cost of improvements
1 spouse only: (art. 120 FC) rests on spouse to whom ownership of entire
Instalment on principal exlusive property is vested no obligation of purchaser if such is
property sold by owner spouse prior reimbursement.
Interest on principal due during marriage
CP
Requisite
o Brought in instalment before marriage
o Payment completed during marriage
o Paid from exclusive funds and partly from C funds.
Requisites
GR:
Not included in CPG If acquired thru Gratuitous title
A. Support of:
not included in CPG
- But fruits and income of such Spouses
properties accruing during marriage If acquired thru onerous title and Common children
included in CPG. Legitimate children of either spouse
- used exclusive money, exclusive
EXC: property B. Debts & Obligations
When included in CPG in MS subject Anteuptial debts of either spouse If it redounded to benefit of family.
to ff limits: - used C funds,
During marriage debts
- not exceeding more than 1/5 of GR : included in CPG i. If contracted by both spouses
present property ii. If contracted by 1 spouses w/consent of other.
- not to include those acquired EXC: if acquired thru redemption iii. If contracted by 1 spouses without consent of other but
before marriage IF either of future right it belong to spouse who have only to the extent that they have redounded to benefit of
spouses has legitimate descendants right to redeem regardless of source family.
in former marriage of funds used to redeem. iv. If contracted by Admin-Spouse for benefit of CPG
RULES:
PRESUMPTION:
-if either spouse contracts obligation for family business its presumed that it 15. OBLIGATIONS CHARGEBALE TO SEPARATE PROPERTY
redounds to CP benefit.
A. Support of illegitimate children of either spouse
- thus, if H is principal debtor in contract its an obligation that is
deemed for benefit of CPG B. liabilities incurred by reason of crime / QD
- If funds was given to another person / entity and H acted only as C. litigation expenses between spouses (groundless)
surety or guarantor not an obligation for benefit of CPG its for benefit of
principal debtor not for surety or its family. D. losses during marriage in game of chance (gambling legal or not)
SC: Not unfair since art 122 FC states that at time of liquidation of partnership,
such (offending sps.) shall be charged for what has been paid for that purpose.
Net Profits - subject to forfeiture under Art. 43 (2) and 63 (2) FC.
Non-liquidation of surviving Sps. of ACP / CPG of previous marriage By Court Order upon petition, based on:
terminated by death within 1 yr required by law prior having o Other Sps. becomes guardian of other sps.
subsequent marriage. Subsequent marriage shall be governed by o Other sps. judicially declared absentee
Complete Separation. o Other sps. sentenced to penalty with civil
B. Judicial Separation for Sufficient Cause: interdiction.
o Other sps. fugitive from justice/ hiding as accused.
Grounds:
Automatic termination of Administration
i. Other sps. sentenced to penalty w/ civil interdiction o Alienation of exclusive property of sps. being
administered by the other - automatically terminates
ii. Other sps. judicially declared absentee administration over exclusive property ad proceeds
of alienation to be turned over to owner-spouse.
iii. Other sps. lost parental authority by court order.
iv. Abandonment of sps. / non-compliance with marital
obligation.
Rules on liquidation in ACP/CGP is irrelevant to liquidation of co- C. Sample of marriages under Art. 147 FC:
ownership under CC between common law sps./sps of void marriages.
Void marriages under art. 36 FC
In liquidation of properties of void marriages, Rule on co-ownership Marriages without valid marriage license
under CC govern and liquidation need not be in same proceeding for declaration
of nullity of marriage. D. Rule on distribution of properties:
EXC: If subsequent marriage is void by non-compliance of art. 40 FC BUT prior Wages & Salaries:
marriage is really void ab initio i. Those earned by either spouse during cohabitation
owned and divided equally even if 1 spouse earned wages
ACP/CPG govern the subsequent marriage. and other did not contribute thereto.
- UNLESS, parties agree to CSP in MS entered before marriage.
Property Acquired During Cohabitation:
- Rules to valid & Voidable marriages also applicable to this kind of i. Those acquired by both during union thru their work and
void marriage But only for determining property regime. industry are governed by Rules on co-ownership and
prima facie presumed obtained by their joint efforts
-Sec. 19(1) Am 02-11-10-SC which requires LPD of properties before
issuance of decree of nullity of marriage applies only to void marriage under
art.40 FC when rule mentions decree of absolute nullity and not void by art.36
Art. 147 FC create presumptions of:
FC.
o Acquisition thru joint efforts
-In void marriage, under art. 36 FC Art 147 FC applies as proper o Other spouse participation in
property regime and declaration of nullity can be made even without LPD of acquisition consisting of her care and
properties to parties since its not necessary to liquidate properties of spouses maintenance of family and
in same proceeding for declaration of nullity. household.
o Unlike in CPG fruits of couples
- In art 147 FC liquidation of properties owned in common is separate property are not included in
governed by Rules on co-ownership. co-ownership.
- in art 40 FC there is a need to LDP before decree of absolute nullity During cohabitation parties are prohibited
can be issued because property relations is governed by ACP / CPG. from disposing by acts inter vivos /
encumbering shares in co-owned property
without consent of other. (art. 493 NCC does not
apply)
21. Property Regime under art. 147 FC. o But after cohabitation art. 493
apply.
A. Applicability: Man and woman + without impediment to marry each other +
exclusively live together as H and W under void marriage / without benefit of MBTC v Pascual
marriage. o SC: Encumbrance of co-owned
property after termination of
B. Requisites: M and W must be: cohabitation (after final
judgment declaring marriage
void under art. 36 FC) is valid as Property acquired during cohabitation:
to his share only applying art. i. Only properties acquired by both parties through actual
493 NCC. joint contribution of MPI shall be owned by them in
common proportionate to their contributions.
ii. Mere cohabitation without proof of contribution will not
result to co-ownership.
iii. For equal contribution presumption to arise proof of
actual contribution is required.
If cohabitation is by void marriage and Fact that title of property is in name of parties to
only 1 parties acted in bad faith share of adulterous relationship is insufficient proof of co-
latter in co-ownership forfeited to ownership absent evidence of actual contribution in
(forfeiture takes place upon termination of acquisition of property.
cohabitation): Registration under torrens title system merely confirms
o Common children (if any) and does not vest title.
o In none, surviving descendants
of party in bad faith Words married to preceeding the name of a spouse
o If none, innocent party. merely descriptive of civil status of owner and does not
prove co-ownership under art. 148 FC.
22. Property Regime under Art. 148 FC. o Belcodero v CA property acquired by man while living w/common
law wife during subsistence of valid marriage is CPG even if its titled
in name of common law wife. constructive trust deemed created by
operation of art. 1456 of CC over property which pertains to CPG of
A. Applicability:
subsisting marriage.
Parties in union incapacitated to marry each other
If no valid marriage share of party in bad faith (1/both) shall be forfeited upon
Property regime of bigamous, adulterous, in state of concubine, each
termination of cohabitation in favor of:
parties are married to another, multiple alliances of same married
Common Children
man.
In none, surviving descendants of party I bad
faith
REQUISITES: M and W must:
If none, innocent party.
i. Incapacitated to marry each other/ do not live exclusively
with each other as H and W.
C. Not applicable to Same-sex marriage / cohabitation:
ii. Their union is without benefit of marriage/ marriage is
Governed by applicable provisions of CC on Property.
void