PART III

Legal Separation
Art. 55 - Ten grounds for legal separation
a) Republic v. Quintos, GR No. 159594, November 12, 2012
b) Almelor v. RTC, GR No. 179620, August 26, 2008
c) Kalaw v. Fernandez, GR No. 166357, September 19, 2011

Art. 56 - grounds for denial of petition; defences

a) People v. Schneckenberger, 73 Phils. 413
b) Ginez v. Bugayong, 100 Phils. 616
c) Ong v. Ong, GR No. 153206, October 23, 2006
d) Republic v. CA, Novem,eber 12, 2012

Art. 57 - prescriptive period

a) People v. Zapata, 88 Phils. 688

Art. 58 - cooling-off period

Art. 59 - reconciliation

Art. 60 - participation by the prosecutor

a) Samosa v. Vamenta, 46 SCRA 110
b) Pacete v. Cariaga, 231 SCRA 321

Art. 61-62 - effects of pendency of the petition

a) Sabalones v, Court of Appeals, 230 SCRA 79
b) Lerma v. CA, 61 SCRA 440

Art. 63 - effects of decree of legal separation

a) Matute v. Macadaeg, 99 Phils. 340, May 30, 1956
b) Quiao v. Quiao, GR No. 183622, July 4, 2012
c) Laperal v. Republic, 116 Phils. 672

Art. 64 - revocation of donation by innocent spouse

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Art. 65-67 - reconciliation

Rights and obligations between husband and wife

Art. 68-71 - essential marital obligations

obligation to love each other
fix the family domicile
support the family
manage the household
a) Ilusorio v. Bildner, GR No. 139789, May 12, 2000
b) De la Viña v. Villareal, 41 Phils. 13
c) Calderon v. Roxas, GR No. 185595, January 9, 2013

Art. 72 - judicial relief in case one spouse neglects his/her duty

Art. 73 - exercise of the profession

Property relations between husband and wife

General rule:
i. Valid marriage settlement
ii. If no marriage settlement, prior to the effectivity of the
Family Code - CPG
iii. If no marriage settlement and after the effectivity of
the Family Code - ACP
iv. Complete separation of property
v. Not very common regime: mixed

Art. 74 - shall be governed by

Art. 75 - different regimes

Art. 76 - modification to be valid must be made before the

celebration of the marriage
Art. 77 - form and registration requirement

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Art. 78-79 - Parties to the settlement: minors, persons under civil
interdiction, incapacitated person
Art. 80 - When Philippine laws do not apply
Art. 81 - when marriage does not take place, agreement is void

Donation s by reason of marriage

Art. 82-85 - requirements for validity; who may be donors, what

may be donated
a) Abobon v. Abobon, GR No. 155630, August 15, 2012
b) Doronio v. Heirs, GR No. 169454, December 27, 2007

Art. 86 - revocation of donation

Art. 87 - void donation

a) Ching v. Goyanko, GR 165879, November 10, 2006
b) Dycaico v. SSS, GR No. 161357, June 6, 2006

Absolute community of Property

Arts. 88-90 - when it commences; no waiver of rights except by

judicial proceedings and must be recorded;

Art. 91 - absolute community is composed of all properties

owned by the spouses at the time of the marriage and acquired
thereafter
a) Muller v. Muller, GR No. 149615, August 29, 2006
b) Beumer v. Amores, GR. No. 195670, December 3, 2012
Art. 92-93 - What are excluded
a) Abrenica v. Abrenica, GR No. 180572, June 18, 2012

Art. 94 - Charges upon and obligations of the ACP

a) G Tractors Inc. v. CA, 135 SCRA 192
b) Francisco v. Gonzales, 177667, September 17, 2008

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Art. 95 - Gambling losses
Art. 96-98 - Ownership, administration, disposition, encumbrance
a) Dar v. Legasto, GR No. 143016, August 30, 2000
b) Uy v. CA, 346 346 SCRA246
c) Matthews v. Taylor, GR No. 164594, June 22, 2009

Art. 99 - When ACP terminates

Art. 100 - effect of separation de facto

Art. 101 - Effect of abandonment; dissolution

a) Heirs of Go v. Servacio, GR No. 157357, September 7, 2011
b) Yu v. Reyes-Carpio, GR No. 189207, June 15, 2011