Civil Law Review - Uribe Persons and Family Relations

A-B criminal complaint for bigamy filed against B

15 yrs old during marriage
went to US to obtain divorce B is saying there is a prejudicial question
B-C (who is also a Filipino) got married
B-C went back to the Ph, B died - depends which marriage
- There is a prejudicial question when the second marriage is being
1. Status of marriage A-B annulled by the person charged of bigamy based on consent due
- when did the marriage take place to force, intimidation, or undue influence
- laws applicable will depend on the law which is effective when the
marriage take place ——————————————————————————————
- if after Aug 3, 1988, void ab initio A son of X
- pag namatay na, nun pa lang magkaka issue kung void or valid A married to W
- CPG, the common, before the effectivity of the family code children B & C

2. Status of marriage B-C A died

* divorce presupposes that the marriage is valid
* do not apply article 40 to divorce When B was 14, C was 16, X wanted to bring her grand children to
* Art. 26 FC in relation to Art 15 of NCC. Marriage is VALID (as a Cebu
status), it is a diff story when asked to be recognised in the Ph
** not all divorce decree are absolute, if the alien spouse is En route to Cebu, the 3 perished
capacitated to remarry, then YES. If the divorce decree did not
capacitate the alien spouse to remarry, then NO. W filed a claim from the estate of X
W can claim from the estate of X if there is proof that X died first before B and C
* Republic vs Manalo “obtained” - dissenting opinion: it should be the W cannot ,claim
if no proof
fromcannot claim of
the estate as X
W cannot inherit if B and C died first ahead of X.
alien spouse who files for divorce if there is proof that X dies first before B and C
URIBE: I agree to the minority, intention is for it to be consistent to
Art. 15 of NCC, nationality rule. But even on that reason, there are * Age matters when? When there is a claim for insurance policy;
diff approach beneficiary must be alive during the claim

3. Bigamy With regard to to succession, age would not matter.

NO, the marriage of B-C was solemnised abroad (territoriality
principle) Art 14 NCC X died survived by W and his parents
A born 5 months after death of X
4. Heirs *B changed citizenship A died after 5 hrs
- Art 16 NCC intestate and testamentary succession shall be W died afterwards survived by her parents
regulated by the national law of the decedent
- spouse is the compulsory heir parents of both X and W are claiming

—————————————————————————————— X has 10M estate, who are entitled to the estate of X?

A-B are married
B married C
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Civil Law Review - Uribe Persons and Family Relations
when the examiner says ESTATE, assume that there was a time, Mayors did not have authority. It is a matter of law whether the
liquidation already of shares between spouses person has authority. Mayors before 1991: no authority to
solemnize marriages , upon effectivity of
Local Gov’t Code of 1991, mayors
A and W inherited the estate of X. When A died, W inherited the DID HE REALLY BELIEVE IN GOOD FAITH? granted authoirty (not limited to their
estate of A. PROXIMITY RULE, W excludes the grandparents. jurisdiction, can celebrate outside
—————————————————————————————— jurisidiction
When W dies, A and B, both Filipinos, about to be married in Cali by alimited
- Judges notarytopublic;
their jurisidiction
* Reserva Troncal because of an emergency in his office in NY, A(outside:
was notonly
ableanto
irregularity)
attend
the ceremony. A asked his brother to be present in the ceremony. B,
JURIDICAL CAPACITY of the child at the time of the solemnization, was only 19, her parents has no
A and B residents of QC eloped, applied for marriage license in City consent.
Hall of Manila on Aug 30, 1988; A was just 17.
* Proxy marriages are not allowed in the Philippines, as there is no
Jan 6 1989, marriage license issued in San Mateo Rizal, married in personal declaration in front of a solemnizing officer; however, proxy
BGC, City Mayor of Makati, witnesses X and Y, both 16 years old, marriages celebrated abroad, when valid in said country is valid, as
they did not sign a marriage certificate there is still a ceremony 


STATUS? * If the law of Cali allows notary public to solemnize

* If the law of Cali does not require the consent of parents
* the law requires that the parties are at least 18 on the day of the * AS LONG AS VALID UNDER THE CALI LAW
Marriages soleminzed abroad in accordance with the laws of that country is valid in the
marriage
Philippines (Article 26)
* license is valid for 120 days from issuance EXCEPTIONS
* presumption of regularity 1. no legal capacity
2. bigamous or polygamous
Assuming that the license is not yet expired when they got married, 3. mistake in identity
and A was already 18, STATUS? 4. 36 PI
5. incestuous
* if age is not mentioned, assume that the parties are of legal age 6. public policy
* focus on the issue
——————————————————————————————
VOID, LGC which grants the Mayors the power to solemnize A and B married in Spain, valid marriage in Spain. They discovered
marriage was not yet in effect. that they are 1st cousins. A went to the Philippines and married C.

Except when either or both parties believed in good faith that the Status of marriage of A and C?
solemnizing officer had authority. (CAN YOU INVOKE THIS?)
- Void under Art. 40. 1st marriage is void, but shall be declared void
Art 3. Ignorance of the law excuses no one from compliance before contracting a subsequent marriage
therewith.
——————————————————————————————
In order for this belief in good faith to be available, there must be A and B married in Baguio. Migrated to Canada. Years after, B
authority from the law (priest with expired license). But during this married C another Filipino. But before this marriage, a divorce decree
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Civil Law Review - Uribe Persons and Family Relations
was obtained, and before the marriage between B and C, A became
a citizen of Canada. * they have legal capacity as a person, however, there is legal
impediment between the parties
1. Which happened first, naturalization or divorce? * when married, then there is no legal capacity
Art 26 (2) as interpreted in the case of Republic vs. Orbecido.
[However, Sempio Dy said that this is wrong; it is a wrong application ——————————————————————————————
of Art 26(2), but rather Conflict of Laws should apply.] FORMAL REQUISITES [ISSUES]

2. It does not matter now who files for divorce * Authority of the solemnising officer, (35(2)) either or both believed
MANALO: it does not matter who filed the petition for divorce, as long in good faith; authority should not be equated to jurisdiction, mere
as it capacitated the alien to remarry irregularity

* IMPT: did it capacitate the alien? ——————————————————————————————

It did not say A was capacitated, it did not say that it is an absolute Ohio case (p5 syllabus)
divorce
——————————————————————————————
—————————————————————————————— A and B got married, during the subsistence of the marriage, B and C
If the contracting parties are cousins, the marriage will be void lived as husband and wife for 4 years. After 4 years A died. B and C
because they do not have the legal capacity. Do you agree? got married 2 years after the death of A without a marriage license.

* Art 37 and 38 - legal impediments Art 34 is vague, it should be interpreted with the rulings of the court
* Legal capacity pertains to the age
* It depends on when the marriage was solemnized
The fact that they are cousins does not go into the issue on legal * If these were solemnized before the FC, the status would be void
capacity. They are capacitated to marry, however, there is a legal * HOWEVER, after the FC, valid ***NOT SURE
impediment.
NINAL vs BAYADOG
What is the relevance of the distinction between legal capacity and “the entire 5 year cohabitation should be free from any legal
legal impediment? impediment”

* as to legitimation - at the time of conception, there should be no Art 76 of the Civil Code
legal impediment; if there is impediment, the child can never be
legitimated In Art 34, there is no “not married”, no “free from any legal
impediment whole 5 years”
* Art 5 explicitly provides that any male or female of the age of 18 or
upward Borja-Manzano vs Sanchez
* When FC took effect, the age of majority was still 21 (Dec 18, 1989 “only at the time of the marriage, there is no legal impediment”
- age of majority was lowered to 18)
If you consider the purpose of the committee, there is no marriage
—————————————————————————————— license needed because publicly attending the marriage license may
Both female, is it void because they do not have the legal capacity? discourage them from legalising their status.
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 Civil Law Review - Uribe Persons and Family Relations
- the requirement of publication would cause scandal petition to declare presumptive death of B. Granted by court, FINAL
AND EXECUTORY.
—————————————————————————————— A married C (HS classmate of both A and B).
If the judge solemnized the marriage inside the office of a travel B saw that A was married to C. B went home on Jan 1. C gave birth
agency, may an administrative complaint against the judge prosper? to a boy August 25.

Venue can be inside or outside of the chamber. Status of A and C?

Status of the child?
When would be the complaint not prosper?
Art. 8: Venue of the marriage not mandatory to be celebrated only in those places provided by law * No mention of the recording of the affidavit of reappearance
1. both parties request the solemnising officer, the law requires the
request to be in writing; Status of marriage of A and C?
2. contracted in articulo mortis; or VALID. The declaration of presumptive death is already final and
3. in remote places executory. Nothing we can do. Law only requires a judicial
Art 8 declaration of presumptive death anyway.
* Filing affidavit of reappearance terminates and does not nullify the
—————————————————————————————— subsequent marriage
X died survived by Y and brothers and sisters of X.
B&S claim that the marriage between X and Y are void because X When will the marriage between A and C be void?
and Y are step siblings. Do B&S have the personality to file? Is the VOID if both parties (A and C) acted in bad faith. In this case, there is
claim tenable? basis of bad faith, since B and A are connected in Facebook, and C
was their HS classmate, so they knew each other. It can be said that
1. They have the capacity to sue because they have interest in the they acted in bad faith.
estate of X (either whole or half); spouse do not exclude brothers
and sisters in intestate succession Status of the child of A and C?
2. If the marriage was solemnized before the effectivity of the If the child was conceived before the recording of the affidavit, the
Family Code, the marriage is void under Art 80 (7) of the Civil child is legitimate (Art. 43(1))
Code. The Family Code eliminated the prohibition for step Any interested party may file the affidavit of reappearance ; Anyone may question its validity
brothers and step sisters to marry. * Affidavit must be recorded (Art. 42)
* Effect is automatic termination of the subsequent marriage; any
During the lifetime of the spouses, who can question the validity of interested party may; HOWEVER, depends who recorded
this marriage? Only the Husband or the wife may question the validity (Civil (somebody can question the affidavit!!!)
Code: Heirs may question only in the proceeding for the
Heirs have no settlement of the estate)
vested rights/interest, (only inchoate rights); they Assuming B herself filed the affidavit, the status of the child depends
cannot question the validity when the child was conceived; if the child was conceived before the
recording of the affidavit, legitimate, if after, illegitimate. (maybe Nov
* FUJIKI VS MARINAY (who can invoke nullity) pa lang naconceive na siya)

—————————————————————————————— * Termination means the marriage is valid

B left the country, went to HK. For a contract for 4 years. A and B
were facebook chat mates (constant communication). A filed for a ——————————————————————————————
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 Civil Law Review - Uribe Persons and Family Relations
X the husband of Y worked abroad. He was informed by his parents *Juridical antecedent, unless the child is already born even before
that his wife left their conjugal abode and never been heard. X went the marriage. One cannot testify as to the juridical antecedent if he or
back to the Ph and filed for the declaration of presumptive death she is not born yet.
alleging among others that he asked the friends and relatives of the Confirmatory decree of National Tribunal of appeals - accords great
wife about the whereabout of the wife, he went to the province to ask, respect but not controlling and decisive
he asked hospitals if his wife was there, and he went to “radio
bombo” and in a program he asked the help of the anchor to find his If psychological incapacity is already established, these elements
wife. If you were the judge, how would you decide this case? must be present and proved:
Missing for 4 or 2 yrs, well founded belief, wishes to remarry, summary proc for declaration of presumptive death1. juridical antecedent
NO. 2. gravity
1. 4 years - generally believed to be dead (can be passive search) * will not be able to perform even if he wanted to
2. 2 years - well founded belief (this requires a higher degree - there 3. incurability
should be an active search) * if incapacity is curable, it may still prosper. it is relative, meaning, if
3. It should be invoked in the petition that the present spouse the cure would cost the spouses so much (can’t afford), the court
intends to remarry *** may grant the same.

—————————————————————————————— If the previously declared psychologically incapacitated spouse

If you are a counsel for a petition under Art 36, and your client does decides to remarry, the subsequent marriage may be valid. Because
not want this to prosper, what will your defense be? incapacity may be relative, it may be just between that spouse and
the previous one. But that does not necessarily mean that the next
1st. That the defendant complied with his or her essentials marital marriage will result to the same incapacity.
obligation;
2nd. Look at the reason why the client fails to fulfil his or her marital *** KALAW vs. HERNANDEZ
obligation [Republic vs. Quintero-Hamano] 2015 case, they relied on the expert opinion; however, the wife also
had an expert, you cannot just rely on one expert opinion. READ
Being drunkard (incapacity or manifestation?) It can be manifestation THIS
of psychological incapacity.
——————————————————————————————
Is psychological incapacity a mental disorder? If the relationship of the spouses is beyond 2 degrees, then it would
Yes, in a very broad sense, it is a mental disorder. [Mirasol vs. not be bigamous. Correct?
Republic]
IF ASCENDANTS DESCENDANTS in the direct line, any degree,
Will the action prosper without expert testimony? bigamous.
Yes. [Bakunawa vs. Reyes-Bakunawa] Testimony of an expert is not
necessary, rather, the totality of the evidence presented must be If collateral, Civil Code diff from Family Code.
sufficient.
——————————————————————————————
Case involving Art 36 without expert opinion presented? None yet. X and Y. A child. X and Y adopted B. A and B got married.

One of the witnesses, child. psychologist interview of the couple and Depends if the child is legitimate or illegitimate.
the son - insufficient
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Civil Law Review - Uribe Persons and Family Relations
If illegitimate, valid. If legitimate, Art. 38 (7) void for being against ——————————————————————————————
public policy. REPUBLIC vs. OLAYBAR
Art 177. Child is illegitimate if there was LEGAL IMPEDIMENT
between the spouse when the child is born, even if the parties ——————————————————————————————
subsequently get married. For bigamy to be committed, the subsequent marriage would have
been valid had it not be bigamous.
—————————————————————————————— Can the marriage be void, not because it is bigamous, but there is
X and Y married. A caused the death of X. Thereafter, A married Y. bigamy nevertheless.
Status of marriage.
Art. 36 psychological incapacity (2nd marriage).
DEPENDS WHEN IT HAPPENED
Civil Code - should be “killed” not “caused the death” here no need to BASIS: Tenebro vs. CA.
prove intention. CONVICTION IS NECESSARY.
Any reason as to the viodability of the 2nd marriage, as long as the
Family Code - to be voidable, there must be INTENTION TO MARRY first marriage is valid, there is bigamy.
that’s why you killed the spouse of another. That should have been
the reason of the killing. Art 36 as the ground of nullity of the second marriage, although
declared by law to be void, there are effects (such as children are
MORIGO vs. PEOPLE legitimate - this cannot be an effect of void marriage, but because the
Art. 40 cannot be the basis of criminal liability for bigamy. law so provides Art 54)

“The petitioner need not file a petition for declaration of nullity of the Any other reason, no bigamy.
first marriage when the petitioner contracted the second marriage
because it only affects the validity of the marriage” ——————————————————————————————
Crime Art. 350 RPC, not bigamy [check Abbas vs. Abbas]
A judicial declaration of nullity of a previous marriage is necessary marriage contracted against provisions of law
before a subsequent one can be legally contracted. One who enters
into a subsequent marriage without first obtaining such judicial ——————————————————————————————
declaration is guilty of bigamy. This principle applies even if the B filed an action for annulment claiming that she discovered after 3
earlier union is characterized by statutes as "void." months of their marriage that her husband has STD. Will the action
prosper?
In the instant case, however, no marriage ceremony at all was
performed by a duly authorized solemnizing officer. Petitioner and 1. It must be existing at the time of the marriage
Lucia Barrete merely signed a marriage contract on their own. The 2. It must be concealed if the basis of filing is fraud
mere private act of signing a marriage contract bears no semblance 3. Even if there is no fraud, if the STD is serious and incurable, it
to a valid marriage and thus, needs no judicial declaration of nullity. can be the basis
Such act alone, without more, cannot be deemed to constitute an HIV - disease; which leads to AIDS (a condition that makes the
ostensibly valid marriage for which petitioner might be held liable for immune system weak…death)
bigamy unless he first secures a judicial declaration of nullity before Not serious - gonorrhoea; what else?; chlamydia
he contracts a subsequent marriage.
Is this subject to ratification?
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Civil Law Review - Uribe Persons and Family Relations
COHABITATION
It depends if the cause is (a) the STD is serious and appears to be The law does not specify, therefore, it would depend (case to case
incurable, it is not subject to ratification; if the cause is (b) the STD basis)
was concealed (fraud), it it subject to ratification
——————————————————————————————
If the wife knew, and she freely cohabited for 3 years already (STD is There was non disclosure of a conviction of a crime, but this spouse
serious and incurable). The Code provides that “injured party” may was able to avail the probation law. Will the action prosper?
file. How can the wife file, she is not an injured party. Neither one of
them is an injured party. Know crimes involving moral turpitude. Regardless of the penalty and
even if pardoned, this is a ground for annulment if the same is
—————————————————————————————— concealed.
Without parental advice, the issuance of marriage license will be
suspended for 90 days. ——————————————————————————————
If one of the parties is impotent
If the same is issued without complying to the suspension of
issuance, mere irregularity. Impotence vs sterility

—————————————————————————————— Impotence is the inability to have sexual intercourse

Parties got married without parental consent. The other party filed for
annulment after 1 year. Sterility is the inability to pro create

The party whose parent or guardian did not give his or her consent, ——————————————————————————————
within 5 years after attaining the age of 21; or Doctrine of triennial cohabitation
The parent or the guardian or person having legal charge of the
minor, at any time before such party has reached the age of 21. if the wife still remains virgin after living together with the husband for
3 years, the latter is presumed impotent, and he will have to present
Why parental consent is needed? When FC took effect, the age of evidence to overcome this presumption
majority was 21. Therefore, only the parents can file for the
annulment case, because the party was minor. ——————————————————————————————
The right against self incrimination as regards the order fo the court
RA6809, for all purposes, age of majority is 18. Therefore, even for a woman to be examined. No self incrimination. WHY?
before attaining age of 21, the party may file for annulment.
——————————————————————————————
—————————————————————————————— Concealment of the fact that the husband had 3 extramarital
Parents filed for an action for annulment, 2 1/2 years after the relationship before the marriage, valid ground for annulment?
solemnization of the marriage. The defendant raised as a defense,
free cohabitation. NO. Enumeration is exclusive. Last par of Art 46.

There is no ratification for cohabitation before the party attains the ——————————————————————————————
age of 21. Can the wife retain the surname of her husband?

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Civil Law Review - Uribe Persons and Family Relations
Pwede but hindi palagi. 1st, innocent. 2nd, even if innocent, the court Even if the subsequent marriage is a valid marriage, it is still a
may order her to revert to her name, or if the ex husband remarries. ground (Art 55(7)).

—————————————————————————————— ——————————————————————————————
Spouses will have complete separation of property regime only if they Adultery is a ground for legal separation. YES. Adultery is a form of
executed marriage settlement, correct? sexual infidelity or perversion.
NO.
1. Judicial Decree (legal separation) ——————————————————————————————
A and C meets every year doing adulterous act, starting January 1,
If the spouses have been separated for 10 years, then they have 2013, for three consecutive years. B knew about it on the third year.
complete separation of properties. Did the action prescribed?
NO.
1. By operation of law (previous marriage not yet liquidated) No. 2015 act can still be a ground. Every act constitutes a ground.

Legal separation is a form of divorce. ——————————————————————————————

YES. Relative divorce. Weeks after the filing, the judge sets a hearing. Is it correct?

If the ground for legal separation is already present before the The cooling off period only applies to the trial. But if determination of
marriage, will the action prosper? custody, support pendente lite, ALLOWED.
* marriage here is not defective
* so the ground should exist after the marriage WHAT CASE? Araneta v. Conception

*** only the injured party can file; no injury, no right to file ——————————————————————————————
If after the discovery of the ground, the spouse had sexual
Assuming meron ground for annulment, meron din ground for legal intercourse, in what ground does this affect the filing?
separation, what would you advice your client?
1. legal separation, if the aggrieved spouse still wants to ask for If the ground is sexual infidelity, it will amount to condonation.
support; also, for purposes of succession; (pwede din para di na However, know the purpose. If the reason was to save the marriage,
siya pwede magpakasal) or for purpose of attempting a reconciliation but the attempt was
unsuccessful, such act cannot be a basis of condonation.
Is legal separation a petition or an action?
Doesn’t really matter. ——————————————————————————————
Example of consent and the petition will not prosper.
——————————————————————————————
A and B both Filipinos, married in Tondo. Few years after the - When they came up with an agreement that the husband can have
marriage, A went to Saudi to work in an oil refinery, binomba few days concubines, and the wife can have adulterous relationship.
ago, for a 4-year contract. Barely one year in the country, he became
a Muslim, married C in Saudi. If B files a petition for legal separation, ——————————————————————————————
will the action prosper? Recrimination
- when both are guilty; one should go to court with clean hands

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Civil Law Review - Uribe Persons and Family Relations
——————————————————————————————
If the innocent spouse discovered the act which is a cause for legal ——————————————————————————————
sep, but the action was filed 2 years after the discovery. Will the Can spouses execute more than one marriage settlement? YES. Art
action prosper? 77.
Can spouses execute a marriage settlement choosing ACP as their
If CC, it will not (1 year from knowledge of cause, 5 years from property regime? NO. The parties cannot exclude specific properties
occurrence of the cause); under FC, it will (can be filed within 5 years from the regime (Sempio-Dy). URIBE: This is wrong. Look for the
from occurrence). provision.

—————————————————————————————— ——————————————————————————————
The respondent admitted having committed the act, thereafter, the Marriage settlement executed in 1989. B was 19.
court granted the petition. Is it proper for the court to grant?
The contracting party must be minor* according to FC. Check
It depends, if the parties have proven with preponderance of emancipation. 19 is not a minor anymore.
evidence that the ground is really present. Even if there is admission,
if there is no proof of the same, the court should not issue. (Art. 60) ——————————————————————————————
If the father of one of the would be spouses was so excited of this
—————————————————————————————— marriage, which would take place in a few days. He donated a condo
If one of the spouses dies, the innocent spouse cannot inherit from unit. Is this a donation propter nuptias?
the decedent. Correct?
Depends if such property is donated to any of both of the would be
—————————————————————————————— spouses. If the same is donated to other person, then no.
X died yesterday, survived by spouse (Y) and brothers and sisters.
The spouse and heirs, discovered a TCT in the name of “X married to Ground for revocation of donation propter nuptias, not ground for
Y, registered during the marriage. Will it be part of the estate of X? revocation of ordinary donation. Art 86.

* What is relevant is the date of acquisition, not registration. What law governs donation propter nuptias?
Depends when the same is donated. CC - Statue of Frauds; FC -
Assuming they executed a marriage settlement in 1988, orally, as ordinary donations
CPG, will the property donated to X before the marriage form part of Nature of the object donated.
the CPG?
Verbal agreement, CPG, 1989. Before the marriage, A donated to B
Depends when the marriage took place. If under the Civil Code, 95% of his present properties. Valid donation?
marriage settlements shall be governed by the Statute of Frauds.
Even an oral marriage settlement is valid if they do not object to oral Other than ACP cannot donate more than 1/5th. In this case, The Fc
evidence thereof or have accepted benefits under the contract. If requires that the marriage settlement is in writing and signed by the
under the Family Code, marriage settlement should be in writing and parties, by default, ACP will be the property regime. Allowed to
signed by the parties. donate more than 1/5th

Since marriage settlement is void, ACP will govern. Therefore the

donated property will be included in the community property.
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Civil Law Review - Uribe Persons and Family Relations
A donated Rolex to his wife during the marriage. Valid? GR: Bawal, ——————————————————————————————
Unless, it would be considered as a moderate gift when family is A owns a building. From January 1 to December 31, this building was
rejoicing. Depends on the income of the family. leased for P100,000 a month. July 1, A married B. During this
marriage, the amount of 1M was spent for the retrofitting of the
—————————————————————————————— buiding, 3 months after the marriage. Who is entitled to the rentals?
Before marriage of A and B they executed a marriage settlement The expenses, is it chargeable to A?
which was not registered. They were married 5PM, Dec. 25. At
10AM, X died. In the will of X, a parcel of land was given to A. Will ACP. Rentals, ALL = community.
this parcel of land be the exclusive property of A. For liability, determine who the owner is. So, since the community
property owns the building, liability to such is chargeable to the
Is it not required to be registered? community.
It is required to be registered, only to bind third persons. But it is not If separate property, fruits and liabilities pertain to the owner spouse,
required for the validity. unless used by the family.

Assuming it is a valid marriage settlement. I depends on the property CPG. If rentals were received only at the end of the year.
regime agreed upon in the marriage settlement. Jan-June, exclusive (because it already accrued)
July-Dec, conjugal (as fruits of exclusive property)
If it was invalid, the it would depend when the marriage was
celebrated. Expenses. In a CPG, it would definitely redound to the benefit of the
family. Chargeable to the conjugal partnership. (Art. 121(5))
This is succession. NOT DONATION.
——————————————————————————————
If CPG, Art. 109. The following shall be the EXCLUSIVE PROPERTY A has a child. A and B got married.
OF EACH SPOUSE: (1) That which is brought to the marriage as his
or her own; (2) That which each acquires during the marriage by Depends if the child is legitimate or illegitimate. Child must be
gratuitous title; legitimate for it to be excluded from the ACP.

* note that before the FC, there is a dispute when the property To what extent does the Code protect the illegitimate?
relation commences. In the FC, at the exact moment of celebration. Pag CPG, walang problema, since the property before the marriage
* Important here to discuss that at the time of the death of X, will remain as separate. But in ACP, mangungutang muna sa
succession takes place. And at the time of the solemnization of the community property.
marriage, the property relation commences.
GR in ACP, properties acquire during and before the marriage. BUT
Would it matter if X died at 10PM? WITH EXCEPTIONS.
Kung acquired during the marriage, there is presumption that it
pertains to the conjugal property. If acquired during the marriage by ——————————————————————————————
gratuitous title, exclusive property. ACP
If onerous, depends if exclusive property is used to purchase, also if
If ACP, if namatay hung umaga, ACP. If namatay nuns gabi, barter etc.
exclusive.
Arts. 91 and 92.
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Civil Law Review - Uribe Persons and Family Relations
If anak mauna mamatay, intestate succession = property will not be READ CASES. 148 will only apply if a 3rd person will be affected (di
an exclusive property kailangan may kasal, like may asawa either or both. 147 will only
apply is ayaw lang nila magpakasal, void but without 3rd person, 147.
——————————————————————————————
A, the husband, borrowed money, without the knowledge of the wife, If 147, who is entitled? co-ownership = divided equally (money). But
in relation to a certain business, but the business collapsed. A, when property, based on actual contribution.
it became due, was not able to pay. Creditor levied the conjugal
property. Valid levy? If 148, co-owership pero based on contribution. Kung sino may
asawa, zero.
It depends if the loan redounds to the benefit of the family (Art
121(3)). ——————————————————————————————
A filed an action for a sum of money against B, and C (business
Kaninong business? If owned by third party, depends saan ginastos partner). A and B are siblings. In SC, B argued that the action filed by
yung pera. If owned by A, then it may have redounded. A failed to compromise. Is the claim of B tenable?

—————————————————————————————— Art 151.

A, Jan.1, 2008, bought a house and lot, payable in 10 years in equal But the claim was untenable in 2 grounds. (1) SC held that if there is
monthly instalment, 10M. Jan. 1, 2013, married to B. Monthly a third person involved, 151 is not applicable. (2) even assuming
amortizations were paid off the salaries of A and B. Yesterday, A died. applicable 151, doctrine of estoppel, not jurisdictional matter, deemed
Will this house and lot form part of his estate? waived.

It depends when the ownership of the house and lot was vested. ——————————————————————————————
CONTRACT TO SELL (or conditional sale) Art 156***

If ACP, it does not matter when the ownership was vested. ——————————————————————————————
Community either way. Macasaet vs Macasaet

What if A is nagpapautang, 1M, pinautang niya is X. As stipulated in X and Y parents, anak is A, asawa is B. Built a house on a parcel of
writing, 12% per annum interest, payable on Dec 31. July 1, A land owned by X and Y. A and B incurred a liability after the
married B. How much is payable? Who is entitled to such amount? construction the house, they failed to pay. Creditor had the house
levied upon. A and B raised a defense that such is a family home. Is
P1,120,000 the levy valid?
ACP: community
CPG: Jan to June, exclusive; July to Dec, conjugal (only the half of Improper levy. But decision of the SC is inconsistent with the law.
the interest); capital is exclusive Ownership of land should not be required. Even if the law states
house and lot, why should they not be protected even if they do not
—————————————————————————————— own the lot. Yung may ari ng house yung mas dapat protektahan ng
House and lot and bank deposit. Marriage is void. batas.

Who owns? Owner. Void marriage = co-ownership ——————————————————————————————

Ivy Flores
Civil Law Review - Uribe Persons and Family Relations
X and Y, spouses, children grand children. One of the gc, live with X
and Y. Parents live in the city. The gc was only 7 yrs old when X and
Y died. Can it be validly claimed that this is a family home that it will
continue as such hanggang kailan.

As long as minor is GC. But beneficiary ba siya? If dependent siya

kay X and Y. But if support comes from the parents, not beneficiary.

Ivy Flores