Persons personal reviewer.
- napa
Grounds for Legal Separation
There are 10
1. Repeated Physical Violence. Gross
Abusive Conduct
a. To the petitioner
b. Common child
c. Child of the Petitioner
2. Violence and Moral pressure in
compelling the petitioner to change
a. Religious
b. Political Affliation
3. Corrupt and Induce the petitioner,
common child or petitioner’s child
to engage PROSTITUTION or
connivance in such corruption and
inducement
4. Final judgment against the
petitioner sentencing him for MORE
THAN SIX YEARS* even if
pardoned.
5. Drug Addiction and habitual
alcoholism of respondent
6. Homosexuality and Lesbianism of
the respondent
7. Bigamous marriage, whether in or
out of the country (Philippines)
8. Sexual Infidelity or perversion
9. Attempt to the life of the petitioner
10. Abandonment without just cause for
more than one year
CHILD = natural or adopted.
EXCLUSIVE LIST FOR THE GROUNDS OF
LEGAL SEPARATION (LACSON CASE)
May or May NOT exist at the time of
marriage ceremony.
Not in the list yung respondent’s own child
File ka na lang case with regards to Article
231 – suspension of parental authority
LEGAL SEPARATION
 It doesn’t sever marriage or the
marital status
 It’s just separation of bed and board
– a mensa et thoro
 It’s terminable by manifestation
filed by the parties (reconciliation
Art 65)
o No absolute divorce in
FamCode (in the country).
o “divorce” – dissolution of
marriage bond
Number 1: PHYSICAL VIOLENCE
 Inflict bodily harm with bad faith or
malice
 Frequency is the determinative
factor
 Habitual or Repeated used in the
provision kasi
o But may violence na
extreme, causes gross
abusive conduct
Deciding upon it would be case to case basis
Persistent neglect of duties, pulling of hair,
calling vile names, causing unhappiness
Number 2: CHANGE BELIEFS
 Rationale: Religion and Political
beliefs are equally important for
human rights purposes
Number 3: PROSTITUTION;
Corruption/ Inducement to engage
 Parents shall set good examples,
teach good morals
 The law specifically provides
prostitution
 Mere “attempt” can be a ground
Number 4: MORE THAN SIX YEARS
IMPRISONMENT
 Crime need not to be against spouse
or child – can be to anybody
 EVEN WHEN PARDONED
 Must be final – not on appeal, not
proceedings FINAL.
 Rationale: the stigma created
Persons personal reviewer. - napa

Number 5: DRUG ADDICTON AND  If the guilty spouse is convicted

HABITUAL ALCOHOLISM criminally, no more legal separation
 Mental state that is detrimental to needed
one’s social and personal well being o Disinherited from children
and spouse (latter is by
Number 6: HOMOSEXUALITY operation of law)
 Causes serious mental anguish to
the innocent spouse Number 7: ABANDONMENT 
 Endangers her life and health  Designed to forsake and break up
without just cause his/her
Number 7: BIGAMY spouse.
 Marriage wherever you are in the  Abnegation of marital relation
world as long as it is a second  It is not mere physical separation
marriage  More than one year, the intent of the
 No criminal liability in the country abandoner is perpetual
for second marriage if outside –  If they both agreed to desert each
territoriality of Criminal Law other is not abandonment
 TOTAL RENUNCIATION OF
Number 8: INFIDELITY & HIS/HER DUTIES
PERVERSION  JUST CAUSE FOR ABANDONMENT: being
 Any any any any any form of a Battered Woman
cheating by SEXUAL ACT :( even if
not concubinage
Article 56 and Article 57

LEGAL SEPARATION DENIED IF: 4C2B

 Sexual infidelity:
o Concubinage: (if any are
present)
 Mistress in conjugal
dwelling
 Sex in scandalous
circumstance
 Cohabiting
anywhere
o Adultery or even “sex other
than husband”
 Nagdivorce ka eh
kaso Pinay ka tapos
kasal kasal ka sa
ibang bansa, sex sex
kayo don. GROUND
YUN Sexual
infidelity na ‘yon sis
:(
 Perversion
o Not only with the third
person but also with the
spouse
 Prather v. Prather (U.S. CASE)
o Beastiality
o Sex with a cow; can imperile
and damage wife’s health
Number 8: ATTEMPT ON LIFE
4C - Condoned, Consented,
Connivance, Collusion
2B – Both guilty, Barred by
Prescription
 Aggrieved party has:
o Condoned the offense or act
complained
o Consented the commission
of the offense or act
 Connivance on the commission of an
offense or act that is a ground for
legal separation
 Both parties have given ground for
separation
 Collusion between to parties to
obtain decree of legal separation
 Barred by prescription which is
under article 57 5 years from the
occurrence of the cause
CONDONATION
Persons personal reviewer. - napa

 Act of forgiveness; may be expressed  Connivance or procurement –

or implied denotes direction influence
 This implies good behavior on the personal exertion or other
offending spouse action w knowledge
 Subsequent offense – revokes  Luring is like concurring with the
condonation & revives original act of illicit sexual act
offense
o Magkasala ka pa, mag BOTH / PARI DELICTO
accumulate!  Negative + Negative = Positive
 When two acted in bad faith, they
 DON’T ME, WE NOT FORGIVE should be considered having good
Ocampo vs. Florenciano faith
o Failure to actively look for  RERIMINATION OR EQUAL
wifey na living in a sin, GUILT
adulterous life DOES NOT  Both guilty
constitute  Both bad faith
forgiveness/condonation.  Naglolokohan lang kayo, gagaguhan,
o Not his duty to bring wifey wag na kayo magulo, magsama na
home, its her oblation to kayo, bagay din naman kayo!
return.
 FORGIVE NA, KERIBELS Almacen COLLUSION
vs. Baltazar
 Both agreed to procure divorce or
o Implied forgiveness
legal separation
o Gave money and no action
 Arranged to make it appear that a
done against her
matrimonial offense had been
committed although it was not
CONSENT
 Despite full knowledge, keri lang!
PRESCRIPTION
 Agreeing to sexcapade may be void
 OCCURRENCE of the cause,
but constitute as consent for the
discovery is immaterial
sexual infidelity (number 8)
 Ngayon mo lang nalaman after 7
years nag sex pala sila ng bestfriend
People v. Sensano

mo, PATAWARIN MO NA. MOVE
o Wife living with paramour,
ON. Past is past
know ni hubby, did nothing
to interfere  Absolute prescriptive period
o Hubby left for Hawaii,  To protect marriage
abandoned for 7 yrs wifey  Dear injured party, alamin mo na
and child before mag lapse yung 5 years ha!
o Don’t me sa ADULTERY ha,
gago ka?! Umalis ka eh,
tapos aadultery ka dyan, Article 58 Article 59 Article 60 Article
pepe mo! 61 and Article 62
o
CONNIVANCE 58: Cooling Off Period
 Greene v. Greene (with exemption)
o Doctrine of Unclean Hand 59: Reconciliation is
 Volenti non fit highly improbable
injuria – cant hurt u 60: Confession, don’t
when u kno! me!
 That one is not 61: Live separately,
legally injured if he administer properties after filing
has consented to the petition
act complained of or 62: Anakis moment!
willing that it Custody and Support of child (Art
should occur. 49)
Persons personal reviewer. - napa

o Intimidatio
n
 No prejudicial question, no o Public
suspension of criminal case: humiliation
o Simultaneous: Legal o Damage to
separation based on property
Concubinage
 Answer within 15 days  Economic Abuse
 No default if no answer o Withdrawal
 Fiscal shall take measures to make of financial
sure no collusion, not fabricated support
evidence o Deprivation
o Absence of this is keri lang, or threat of
no invalid proceedings Deprivation
of financial
resources
 No hearing on merits shall be set by o Destroy
the courts for 6 months household
o Cooling off period property
o Maybe they can still forgive o Control
each other, kawawa naman over victims
the offsprings money and
o Healing balm of time may properties
aid in the process
 COOLING OFF PERIOD IS MANAGEMENT OF PROPERTIES
MANDATORY – non compliance: DURING SUIT
infirm  Written Agreement
o During cooling off period:  If none, court designate – either
 Can file motion to spouse or 3rd party
dismiss  Admin – same powers and duties as
 Can file injuction guardian (unders ROC)
for properties if  Sabalones v. Court of appeals
admin spouse o Diplomat went home to the
continues to 2nd family
dissipate properties  Bigamous wife and
Exception: illegitimate children
 The cause is violence.  Legitimate
 ASAP ito! administers the
conjugal property
VIOLENCE:  Husband is
 Physical Violence committing bigamy
o Bodily  No formal
harm designation,
implicit
 Sexual Violence
 It has been
o Rape
administered by
o Harassment
wife without the
o Lasciviousn
complaint of the
ess
husband
o Obscene
publication
DEATH CEASES LEGSEPA CASE
o To make
porn  Actio personalis moritur cum
forcefully persona – death of one party to the
action causes the death of the action
itself
 Psychological
Violence
Persons personal reviewer. - napa

Revocation on insurance must be in

writing
Article 63
Must be brought within 5 years from
Effects of Legal Separation: FINAL JUDGEMENT
1. Live separately but married sila
2. Dissolved and Liquidated property Article 65
relations (AbC or ConjP) Reconciliation
3. Custody and support
4. Succession  Reconciliation
manifestation under oath
filed with the court in the
same proceeding for legal
separation

Article 66 and Article 67

MARRIAGE BOND MAINTAINED
66: Reconciliation consequences
 Proceedings terminated if
still there
 Final decree set aside
o Separation of
property effected
shall subsist unless
spouses agree to
revive their former
regime
LIQUIDATION OF PROPERTY  Recorded in the proper civil
registries

67: Revive and under oath and specify:

o Properties contributed anew
o Retauined as properties separately
o Names of known creditors,
addresses and amounts
CUSTODY OF MINOR
 Paramount to the interest of the  File the motion for
Child approval to same court
 Mother under 7 years old unless  Copy furnish the
there’s compelling reasons to order creditors
otherwise  Protect interest of
creditors
 Not prejudice any
Article 64 creditor not listed or
notified
Innocent spouse may revoke  Unless the debtor-
designation on insurance policy spouse has sufficient
even irrevocable separate properties to
pay
Revocation of donations recorded in
the registries of property, place
where such is located Inaantok na ako – 2:30 a.m. na
please
Persons personal reviewer. - napa

- Enforced against community

property
TITLE III: RIGHTS AND
OBLIGATIONS BETWEEN Shall not prejudice good faith creditors
HUSBAND AND WIFE

Article 68:
- Live together
- Mutual love, respect and fidelity
- Mutual help and support

Article 69:
- Fixed domicile
- Disagreement? COURT.
- Exempt: live aborad
- Exception to the exemption: Not
compatible with the solidarity of
the family

Article 70:
- Jointly responsible
- Expenses and other supports
from community property
- Fruits of income of separate
property (if walang community
property)
- Insufficient fruits: from separate
properties of the spouses

Article 71
- Management of household
- Right and duty of both spouses
- Expenses by Art 70

Article 72
- Neglects duties
- Causes danger, dishonor, injury
- Can file relief by aggrieved party
Article 73:
- Profession, Occupation,
Business
- WITHOUT consent of the other
- Can be by VALID OBJECTIONS
o Serious moral grounds
- Objection is proper
- Benefit has accrued
TITLE IV
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Codal speaks:
74 = Property Relations
- Marriage settlements executed
before the marriage
(in writing signed by parties
before celebration, mandatory
for enforceability and validity,
cannot be ratified by any
Persons personal reviewer. - napa

claim of partial execution of settlement) or judicial separation of

absence of objection; void no property
writing)
- Provisions of this Code and DONATION jointly made to a
husband and wife have the right of
- Local Customs accretion (right of accretion –
increase)
75 = may agree on regime of
(1) absolute community,
(2) conjugal partnership of gains,
(3) complete separation of property, or
(4) any other regime
in the ABSENCE (walang agreement) or MAY AGREE:
VOID (bawal yung agreement)
- Not contrary to law and public
- SYSTEM OF ABSOLUTE policy
COMMUNITY
Established in this Code - The division on absolute
(Family Code) shall govern community not equal
- MIXED UP PROPERTY
76 = SETTLEMENTS? MODIFICATIONS? REGIME
In WRITING (77) PLEASE o Common owned: real
Allowed before the celebration estate purchased
subject to the provisions in o Separate: Salaries.
66 67 128 135 and 136 Personal properties
-
77 = Writing ha! Executed before marriage CANNOT STIPULATE
celebration.
CANNOT PREJUDICE THIRD PERSONS - Cannot stipulate that it will start
except/unless other than precise moment of
They are registered in the local celebration
civil registry where the - Cannot donate to each other
marriage contract is recorded as during marriage (Art 87)
well as in the proper - If Widow remarries, separation
registries of property of property regime only (Art
103.130)
o This is the exception to
ANNOTATIONS: the rule of automatic
ACP
ABSOLUTE COMMUNITY PROPERTY o Mandatory regime
(ACP) complete separation of
- what’s mine is yours, yours is mine property if properties
– can only be liable for community not settled within one yr
debts from death
- this will be the regime if no
settlements, no need to register, Situtations:
nothing to register
- happens by operation of law Marriage Settlement
B has 3 real properties in QC, Caloocan and
San Juan
THIRD PERSONS A & B stipulated QC and San Juan to the
absolute community
(Art 1490) – the spouses cannot sell Caloocan City property is co-owned by A & B
property to each other
except when a separation of No marriage Settlement – absolute
property (agreed in the marriage community
[same facts]
Persons personal reviewer. - napa
A & B co owned all the said properties
With creditor/s
[same facts]
B owes Y
B used it personally; did not benefit family
A & B has marriage settlement
Marriage settlement REGISTERED to the
proper registry of property
Y is legally prejudiced with the properties
inside the absolute community
(even if the debt was done before marriage
or done when property is owned exclusively)
Y can claim on the QC and San Juan
Article 94(9) if kulang yung separate
property, it can execute against the
community property. The debtor-spouse
upon liquidation, his shares shall be
deducted to such amount.
The exclusive debt of B can be paid by the
community property however in cases of
liquidation such debt is deducted in the
share of B.
[another example]
A- debtor-spouse
X- creditor
B- A’s spouse
A borrowed money from X
Security: exclusive and unregistered land
A married B
No marriage settlement –
automatically co-owned by operation of law
Impaired the security/collateral:
Consequence (Art 1198 of NCC) the
impairment will cause the cancellation of
period in favor of A and can collect
immediately unless new collateral.
Mortgage (for security of X)
Registered: will bound B, protected X
Unregistered: will not bound B
Remedies:
 New Securities
 (Under the circumstances) Can
maintain collateral if non-debtor
spouse gave consent
 Fail to have consent. File action
to collect, cannot fully satisfy.
 Go for Art 94(9)
 Family redounded benefits for
such debt, creditor can collect to
the community property
[another example]
Misrepresentation as single in the TCT
Cannot annul contract of sale of such
property
FAIRNESS IN MARRIAGE
SETTLEMENT
 Trust and Confidence, Good faith
and candor in all matters
Weighing fairness and reasonableness:
 The relative situation of the parties
 Parties’ respective ages
 Health and experience
 Parties’ respective properties
 Their Family ties and connections
 Spouse’s needs
 Factors as tend to show that the
agreement was understandably
made.
AT THE TIME OF THE
EXECUTION
The signature of the “disadvantaged” spouse
shows her waiving of rights.
Presumption of validity
Burden of proof: spouse that alleges
invalidity
MODIFICATION VALID POST MARRIAGE
(Article 66, 67, 128, 135, and 136)
- Reconcile, revival of new
property
- 128, abandonment or failure to
comply marital obligations
(judicial separation of property)
- 135, judicial separation of
property, may file voluntarily on
some grounds and verify
petition
- it is not by mere contract of the
parties it needs decree
approved by court
LOCAL CUSTOMS
Persons personal reviewer. - napa
Definition: as a rule of conduct
formed by repetition of acts
uniformly observed s a social rule,
legally binding and obligatory
Must be proved by facts, accdg to
rules of evidence
Settlements:
Not APC, Local customs apply, no
other regime was designated
- effect: APC will not apply, Local
customs shall prevail
Not APC Not Local Customs, no
other valid stipulations
Hence, void settlement, by operation
of law – APC regime sila
CIVIL INTERDICTION in marriage
settlements
Article 74 = the guardian
or person assigned by court can
execute contract for the person with
civil interdiction
 Article 74 is actually repealed by RA
6809 that emancipates minors and
arguably,
 18 years old shall be held civilly
responsible and be able to execute
marriage settlement herself
 Civil interdiction: (RPC Art 34)
deprived of:
 Reclusion perpetua and
temporal
 Perpetual absolute disqual. Even
if pardon unless remitted
o Rights of Parental
Authority (or
Guardianship to
person/property)
o Marital Authority
o Right to Manage
property
o Right to Dispose
property
RULES GOVERNING PROPERTY
RELATIONS
Article 80
Property relations is under PHILIPPINE
LAWS regardless place of residence or celeb
of marriage
Not applicable if:
 Both spouses aliens
 Respect to extrinsic validity of
contracts (not in PH) the country
rules govern where property is
located
 Extrinsic validity of contracts into
PH but affecting property situated in
a foreign country whose laws require
different formalities for its extrinsic
validity
EFFICACY OF MARRIAGE
SETTLEMENTS
Article 81
Void if hindi kinasal ang marriage
settlement, including the donations
Pero if hindi material yung marriage
celebration [i.e. child support]
Generally rendered void
DONATIONS BY REASON OF MARRIAGE
(DONATIONS PROPTER NUPTIAS)
82= Definition ng Donations by reason of
marriage
Donations by reason of marriage –
donations before marriage
- Donations consideration of
marriage in favor of both or one
of the spouses
83 = Rule on donations: same in Title 3 of
Book 3 of the Civil Code; they not modified
84 = If not APC ang agreed regime, they
cannot donate to each other in their
marriage settlements na MORE THAN 1/5 of
their present property. VOID yung sobra sa
1/5
Donations of future property shall be
governed by TESTAMENTARY
SUCCESSION and the FORMALITIES OF
WILLS.
Persons personal reviewer. - napa

- Exceeds 5000 pesos, it shall be

DONATION PROPTER NUPTIAS
ELEMENTS: (Article 82)
1. Donation made in favor of either or
both future spouses/contracting
parties
2. Donation must be in consideration
of the future marriage
3. Donation made BEFORE
celebration of marriage
4. (If for future property donation –
governed by testamentary
formalities)
REQUISITES OF PROPTER NUPTIAS
1. Valid marriage settlement
2. It is other than Absolute
Community Property
3. Donation contained in the
marriage settlement shall
be not more than 1/5 of his
present property
4. Accepted
5. Requisites in the Civil Code
is (title 3 book 3) complied
in writing (movables) otherwise
void
- Immovable property donation,
shall be public document (deed
of donation) with the indication
of acceptance in the same.
- FOR FUTURE PROPERTY
o may be handwritten
entirely by the donor, dated
and signed by him.
o Not handwritten, it must
subscribed at the end by the
donor that it was written in
his direction by another
person and with 3 or more
other credible witnesses
Attestation clause: number of pages for the
deed of donation, the fact that donor signed
every page
THE ONE FIFTH RULE

Being liberalities, they remain subject to

reduction for inofficiousness upon the
donor’s death, if they should infringe the
legitime of a forced heir.

Not in consideration of marriage:

- if childless marriage
- one of spouses would have to die
- in favor for the parents or acted
as parents of the wife

Excluded donations [Serrano v. Solomon]

1. Made in favor of the spouses AFTER
marriage celebration
2. Not considering their marriage
3. Not the spouses
DONATION (Art 746 of Civil Code)
- Donee personally accepts
- If not donee, authorized person
with special power for the
purpose
- Acceptance during lifetime of
Donor and Donee
- Movable property, may be oral
or writing: oral must be with
delivery
Persons personal reviewer. - napa

subject to the payment of debts and

expenses of the spouses BUT NOT to the
payment of the personal obligation of the
Article 75 Article 105 husband UNLESS benefited the family.
Future spouses may No unilateral declaration Go v. Yamane
agree on their
marriage - they cannot make changes on
settlements CPG for the conjugal property
their property - CPG is determined by law
No marriage
relations during - Conjugality presumption
settlement or
marriage attached
Settlement is void
 There
should be a  Existing CPG, those married before
 Default: ACP
marriage famcode, shall follow this famcode
settlement unless there are benefits vested in the
that NCC, it shall not be prejudiced
specifies
this
(par2) Heirs of Protacio Go v. Servacio
Prospectively:  Married before FamCode
Married before  Wife died before Fam Code
August 3 1988 will  Heirs are husband and children
still use conjugal  Sold properties prior
property of gains liquidation
 Art 130 of FamCode cannot
apply, they already have right
vested in their respective shares
Article 91 Article 106  The sale is not totally null and
void accdg to NCC, only rights
COMMUNITY
Gains of spouses affected are selling-heirs with
PROPERTY is
place in common respect to their individual
(Unless otherwise
fund, the proceeds, shares.
provided in the
products and fruits  Aggrieved heirs remedy, file
FamCode or marriage
and income action for partition, so
settlements)
By efforts or properties will be finally
EVERYTHING owned
chances liquidated and distributed
at the time of the
Divided equally  Buyer – trustee, while pending
marriage celeb or
case
thereafter

Par4; 102 In
Liquidation: The net
remainder of all Art. 107: says that 88 and 89 applies to CPG
properties of the Art 88: when is the commencement of the
absolute properties of property regime commences PRECISE
ACP is divided MOMENT: The hour of the Celebration!
equally (unless Art 89
settlement) NO WAIVER of RIGHTS unless judicial
separation; avoid undue influence

Fruits of Paraphernal properties – Civil

Code term, use to describe property of the
wife form part of the CP and therefore Article 90 Article 108
Persons personal reviewer. - napa

 Separate: proved by positive,

Governed by Governed by rule of convincing evidence
contract of contract of
co-ownerhsip co-partnership Del Mundo v. CA – par1

 Isidra bought a property from

Dantes and his wife 1920/1921
 Isidra married Agripino 1927
Conflict: Family Code prevails. February
 Agripino signed in the deed of sale
Partnership rules: saying that it’s Isidra’s property
- void agreement ang excluding  Even 6 years before he dies he had
partner from profit the same declaration
- partner is co-owner with his  The said property is clearly hers
partner  Agripino is estopped to deny
declaration
Carandang v. Heirs of Quirino A. De  Heirs cannot go behind the property
Guzman and claim it

1811 co-owner of the partnership property PNB v. CA – par 1

Used conjugal property to fund four checks
used to pay for petitioners’ stock  Pragmacio and Maximo Vitug are
subscription, the spouses owned the credit estopped from questioning title of
Donata Montemayor
The right to file action, one of the co-owners.  They know that it belongs to their
Namely the co-owner who filed can recover. mother, it is in their possession and
it is mortgaged to PNB
 PNB sold it to public auction
 They didn’t do anything about it (17
years)
Article 92 Article 109  Guilty of Laches
Excluded to the
community property Plata v. Yatco – par 1
Excluded:
i. gratuitous
i. brought to
title  Spouse purchased property before
be his/hers
including marriage
ii. acquired
fruits  Registered after marriage
gratuitously
except donor  Spouse is still sole/exclusive owner
iii. right of
said so  Liquidation, it still belongs to
redemption,
ii. personal use owner-spouse (necessitating the
by barter,
except restoration)
exchange of
jewelry
property
iii. inherited Penanra v. Register of Deeds Rizal – par 1
iv. purchased
from legit  Free patent lot – occupied by the
by exclusive
child of wife while single
money
previous  Granted ownership to the wife only
marriage  Exclusive property of the wife

 Partnership does not produce Note: If personal debts, separate

the merger of the properties of
each spouse
 All rights of dominion to their
own properties
 Owner-spouse consent lang ang
mahalaga
property.
If insufficient yung conjugal
property, go for either spouses
solidary liable for the balance
For Par 2 (Gratuitous title)
 Persons personal reviewer. - napa

 Fruits of gratuitous title is included in the - Spouse can be considered 3rd

CPG (unlike in ACP only on express person and a stranger
provision of the donor)

For Paragraph 3 (Redemption)

 Conjugal funds were used for
redemption, reimbursement ang remedy

Rosete v. Provincial Sheriff

 Conjugal property (4 parcels of
lands) to answer for indemnity for
the murder
 The convict’s wife executed right of
redemption for the 2 pa

For Paragraph 4 (Exclusively bought) Article 97 Article 111

 If bought by own money but named Amended in RA10572
jointly, determine whether MEAOD his/her
o Gift from the spouse Dispose his share
exclusive property
o Trust in favor of the other in community
(Mortgage Encumber
spouse property by will
Alienate Otherwise
Dispose)
Article 112
Article 110
OPAE for exclusive property
Ownership Possession Administration of
Administration and Enjoyment another terminated
upon alienation of
May transfer Administration to the any exclusive property
other spouse (or even to a stranger) Proceeds will go to the
owner-spouse
- Public instrument
- Recorded in the registry of  Art 127 – Separation in fact: spouse
property where property is can get summary proceedings to
located administer or encumber separate
property,
Administration:  Owner-spouse cannot revoke the
- Contracts regarding the use of judicially approved administration
property of the present spouse over his or her
- Litigation specific property by mere
expendiency
- Collection of fruits property  Administrator-spouse can still have
income (FPI) arising from that remedy to court get part from there
separate property for the solidary liability
Naguit v. CA

- Exclusive property of the wife Article 113

was sold upon execution by the
sheriff for the satisfaction of a
particular court decision finding
her husband liable for his
personal obligation.
- Wife can file action to annul sale
- 3rd persons can vindicate claims
if property was wrongfully sold
Donated or Left by will to the spouses,
Jointly and with determination of
determinate share
Pertain to the donee-spouse as his own
ExProp, (considered separate prop)
In absence of designation, share and share-
alike
w/o prejudice to the right of accretion
Persons personal reviewer. - napa

 Accretion is incorporation or  After marriage, took out insurance

addition of property to another policy, paid with own salaries –
property. community property – wife has
 Joint Donation share
General rule: cant accept BPI v, Posadas
independently of his co-donee, no right of  Life insurance: paid by conjugal
accretion unless so provided funds – CPG
Exception joint donation to  If partly both – proportionally
husband and wife divided
Exception to the exception Vda De Consuegra v. GSIS
the donor provides no right  Pension is for benefit of old age or
of accretion or determinate incapacity
property such as car house  Can get even to the exclusion of
beneficiary/ies.
Accretion: 1/3 to wife 2/3 to husband,  Beneficiaries can get if died before
husband did not accept his, wife has right to retirement
accretion. (wife can/will get the share of the
husband)
Cannot apply accretion if it is not pro Sec. 3 CONJUGAL
indiviso (husbands inheritance is car, wife is PARTNERSHIP PROPERTY
house)
Article 93 Article 116
Article 114
Onerous Donations, donee-spouse borne All property
from his exclusive property, whenever acquired during the
advanced by the conjugal property of gains marriage, whether
Property acquired the acquisition
Donated something na onerous, tapos used during the marriage appears to have been
the CP to pay for it, reimburse it. (property is presumed to made, contracted or
remained his) belong to the registered with
community , unless one/both spouse, is
Preservation can be charged sa CP (Art. 121 presumed it is on 92 presumed conjugal
¶5) (one of the excluded)
Unless proved
otherwise Art 109
Article 115: PAG list
PAG- Pensions Annuities and
Gratuities
RBPAGU Sim -Retirements, Benefits, Presumption: To have it, prove that it’s
Pensions, Annuities, Usufructs, and acquired during marriage
Similar Benefits – sine qua
Shall be governed by Gratuitous or non
Onerous acquisitions as may be condition
proper in each case.  When it is registered in both of
spouses names

Abad Santos v. Auditor General Not proof: (1) inscription, (2) Registration
 If for encouragement to work hard, [may be registered after marriage],
or for the incapacity - donation
Eclar v. Eclar
 If merely withheld and accumulated
compensations - CPG
Martinez v. Moran
 Life insurance paid by communal Maramba v. Lozano
funds – community estate; ½ sa - Title is the wife’s name alone
wife
Re: Stan’s Estate
Persons personal reviewer. - napa

- It has been held that an inscription in a  Deciding factor: WHEN

Torrens Title “married to…” is merely OWNERSHiP IS VESTED
descriptive of the status not to prove land is o Before – excluded
conjugal sa conjugal property
o After – conjugal
Loperal v. Katigbak [rebutted the property; subject for
presumption] reimbursement by
- The land is in wife’s name the partnership
- Low income, so the husband admittedly
said they cannot afford
- It was through parent’s assistance: it is
their family practice to buy real estate for
their children
Lorenzo v. Nicolas
Wong v. IAC  Friar Lands bought by woman,
- Clear evidence to overcome presumption separate property
of Conjugality  Certificate of Sale is issued
 For government protection so may
- Husband said he loaned the money to not be disposed without full
buy the property payment
- Unclear how he paid the loan  No ownership to the government
- If salaries – CPG
Javellanos v. CA
- The source of money is the controlling  It belongs to which marriage when
factor the ownership was vested upon the
spouse.
Belcodero v. CA
- Installments
- Left and have bigamous relationship ARTICLE 119
One of the spouse is principal, he receives
- Registered in the name of the other payments shall remain exclusive property
woman However
- It belongs to the legitimate CPG If the interests are caused by marriage, it
shall form part of conjugal property
ARTICLE 117
CONJUGAL PROPERTIES: Principal amount belongs to him
exclusively
1. Acquired by onerous title at expense Interests will go to the Conjugal
of common fund; regardless if for Fund – because it is considered as a
the partnership or for only one gain
2. From labor; industry, work, or
profession Even such credit happened before
3. Fruits: NIC, Natural, Industrial, marriage.
Civil, even net fruits of Exclusive
property
4. Hidden Treasure share
5. Occupation: fishing hunting ARTICLE 120
6. Livestock Improvements
7. By chance – as winnings Ownership of improvements whether utility
or adornment for their
separate properties
ARTICLE 118 At the expense of partnership, efforts of
Installments either or both sps
If partly bought by exclusive or partly by Shall pertain to the CP or the owner-spouse
conjugal;
May be reimbursed or maybe advanced FOLLOWING RULES:
Persons personal reviewer. - napa
a. Increase to the improvement is
MORE THAN the value of the property at
the time of the improvement it shall belong
to CONJUGAL PARTNERSHIP subject
to reimbursement of the value of the
property; retained ownership if reimbursed
for the cost of improvement
b. OWNERSHIP shall be vested upon
reimbursement, at the time of liquidation
of the CP
Ferrer v. Ferrer
- Reimbursement claims only on liquidation
if he still owns it
Prior liquidation, it belongs to the owner-
spouse; cannot be use as payment for
conjugal debts. (unless otherwise provided)
“SIMILAR” PROVISIONS (only the regime
is different)
 Gambling losses and winnings CPG
(123) and ACP (95)
 Termination of CPG and ACP (Art.
126 and 99 respectively)
 Administration CPG (124) and ACP
(96)
o Note: walang counterpart
for CPG ang Art 97:
disposal by will
 Donation rule CPG (125) and ACP
(98)
 Abandonment/Receivership for
Admin CPG (128) ACP (103)
With minor difference
 Liability of the regime: CPG doesn’t
have paragraph 9 of ACP deals with
insufficiency of funds of the
separate spouse wherein not
redounding the family: borne from
Quasi Delict, Crime, illegitimate
child. [Article 121 CPG]
ARTICLE 123
GAME OF CHANCE
CPG shall not be put at
useless risk
Activities: chance, betting,
sweepstakes, or any kind of
gambling
Winnings are considered
fruits therefore part of CPG: Art
117(3)
ARTICLE 127
Separation De Facto
Does not extinguishes or affects CPG
Except:
a. Leaver: no right of support
b. When consent is required, summary
proceedings
c. Insufficiency CPP, summary
proceedings, get authority to
administer or encumber any
specific separate property and use
it’s fruits
Those needs consent: (just have summary
proceedings)
- alienation
- disposition
- debts
- encumbrances
ARTICLE 128
Abandonment
Abandons or Fails to comply marital
obligation
(emotionally, financially, moral desertion
not mere physical estrangement)
For A. Recievership, B. JD sepa or C. Sole
administrator
Subject to the court precautionary
conditions as it may impose
Obligations: MARITAL, PARENTAL,
PROPERTY RELATIONS
No intention of returning; 3 months
Fail to give any information, prima facie of
no intention of returning