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Relevant
articles from Legal
Updates blog
Financial support for abandoned woman and family
Heirs and inheritance
(Part 1): If
your spouse dies without a last will, who will inherit?
Heirs and inheritance (Part 2):
Legitimes, free portions, and intestate shares
Heirs and inheritance (Part 6): Settle
the estate of your deceased spouse before marrying again
Heirs and inheritance (Part 7): Is
property acquired before marriage the exclusive property of
each spouse or does it belong to both spouses?
Heirs and inheritance (Part 8): Do
inherited properties belong exclusively to the spouse who
inherited them or to both spouses?
When
a man is married to or living in with several women successively
or simultaneously, who has the right to inherit from him?
Disinheriting
children and descendants, legitimate as well as illegitimate
Disinheriting
your spouse
Adultery,
concubinage and psychological violence
Divorce obtained abroad by a Filipino citizen against alien spouse recognized in the Philippines
Divorce
and remarriage
The
Amy Perez case: Psychological incapacity in annulment of marriages
Custody
battles over children: what determines fitness of a parent
over another?
Can
a mother be deprived of custody of her child?
What
happens in an annulment case if the respondent fails to file
an Answer?
Can
you legally force your spouse to live with and to love you?
A
primer on the Newborn Screening Act of 2004
A
primer on RA 8972 or the Solo Parents’ Welfare Act of
2000
Can
an unwed mother avail of the benefits of the Solo Parents
Welfare Act?
Legal
definition of "death"
Laban
o Bawi : Parents’ obligations in handling their children’s
property
Family
Code of the Philippines: Primer on the property relations
between husband and wife
Primer
on the Family Code of the Philippines: Absolute community
of property
Primer
on the Family Code of the Philippines: Donations by reason
of marriage
Family
Code of the Philippines: Primer on legitimation
Family
Code of the Philippines: Primer on illegitimate children
Family
Code of the Philippines: Primer on paternity, filiation and
legitimate children
Family
Code of the Philippines: Primer on legal separation
Family
Code of the Philippines: Primer on the family and family home
Family
Code of the Philippines: Primer on void and voidable marriages
Family
Code of the Philippines: Primer on marriage
Primer
on RA 9262 or the "Anti-Violence Against Women and their
Children Act of 2004"
Hope
and help for the battered woman (2): RA 9262 essential provisions
Hope
and help for the battered woman (3): RA 9262 Protection Orders
The
"Battered Woman Syndrome" as defense
Mediation
not applicable to domestic violence cases
Free
PDF newsletters on legal issues available for download
Relevant
articles from Salt
and Light blog (on
relationships, marriage and family)
Lessons
in life and love from Miriam Quiambao
Relationship
tips for Shalani (and other single men and women)
Getting
married? Take a look at what "covenant marriage"
is
How
to save your marriage alone
Boundaries
in Marriage
Oldies
but Goodies: Ten Commandments for Wives and Husbands
Why
Marriages Fail: He said, She said ...
Communication:
Key to your Marriage
Hope
and help for the battered woman (4): Emotional abuse / psychological
violence
Hope
and help for the battered woman (5): Biblical response to
abuse; evangelical Christians are best husbands – University
of Virginia study
"Sad
Movies Always Make Me Cry"
Surviving
Marital Infidelity
Marital
infidelity: causes, consequences and conclusions
Marriage: The Ultimate Fighting Championship
All
about women: Move over, Jang Geum!
Do
wives really want husbands to share their feelings and thoughts
with them?
Emotional
word pictures as a communication tool for increasing intimacy
between husbands and wives
Hate
Eight? Eight kinds of husbands and wives
Love
Potion No. 9
Rights
and obligations between husband and wife from the Biblical
standpoint and that of the Family Code
Ruffa,
Ylmaz, TV Patrol, divorce and remarriage by Filipinos
The
only exercise some people do is jumping to conclusions: Mind
reading and negative interpretations
Transformers:
Why do persistent suitors become passive husbands?
Why
do men think the things they think, say the things they say,
and do the things they do?
Mercado-Fehr vs. Fehr
G.R.
No. 152716.
October 23, 2003
This case arose from a petition
for declaration of nullity of marriage on the ground of psychological
incapacity to comply with the essential marital obligations
under Article 36 of the Family Code filed by petitioner Elna
Mercado-Fehr against respondent Bruno Fehr
before the Regional Trial Court of Makati
in March 1997.
After due proceedings, the trial
court declared the marriage between petitioner and respondent
void ab initio under Article
36 of the Family Code and ordered the dissolution of their
conjugal partnership of property.
It appears from the facts, as
found by the trial court, that in March 1983, after two years
of long-distance courtship, petitioner left Cebu
City and moved in with respondent in the latter’s residence
in Metro Manila. Their relations bore fruit and their first
child, Michael Bruno Fehr, was born
on December 3, 1983. The couple got married on March 14, 1985.
In the meantime, they purchased on installment a condominium
unit, Suite 204, at LCG Condominium, as evidenced by a Contract
to Sell dated July 26, 1983 executed by respondent as the buyer and
J.V. Santos Commercial Corporation as the seller. Petitioner
also signed the contract as witness, using the name Elna
Mercado Fehr. Upon completion of payment, the title to the condominium
unit was issued in the name of petitioner.
In light of these facts, we
give more credence to petitioner’s submission that Suite 204 was acquired during the parties’ cohabitation.
Accordingly, under Article 147 of the Family Code, said property
should be governed by the rules on co-ownership. The Family
Code provides: Article
147.
When a man and a woman who are capacitated to marry each other,
live exclusively with each other as husband and wife without
the benefit of marriage or under a void marriage, their wages
and salaries shall be owned by them in equal shares and the
property acquired by both of them through their work or industry
shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while
they lived together shall be presumed to have been obtained
by their joint efforts, work or industry, and shall be owned
by them in equal shares. For purposes of this Article, a party
who did not participate in the acquisition by the other party
of any property shall be deemed to have contributed jointly
to the acquisition thereof if the former’s efforts consisted in the care and maintenance of
their family and of the household.
Neither party can encumber or
dispose by acts inter vivos
of his or her share in the property acquired during cohabitation
and owned in common, without the consent of the other, until
after the termination of their cohabitation.
When only one of the parties
to a void marriage is in good faith, the share of the party
in bad faith in the co-ownership shall be forfeited in favor
of their common children. In case of default of or waiver
by any or all of the common children or their descendants,
each vacant share shall belong to the respective surviving
descendants.
Article 147 applies to unions
of parties who are legally capacitated and not barred by any
impediment to contract marriage, but whose marriage is nonetheless
void, as in the case at bar. This provision creates a co-ownership
with respect to the properties they acquire during their cohabitation.
We held in Valdes vs. Regional
Trial Court, Br. 102, Quezon City: This
peculiar kind of co-ownership applies when a man and a woman,
suffering no legal impediment to marry each other, so exclusively
live together as husband and wife under a void marriage or
without the benefit of marriage. The term “capacitated” in
the provision (in the first paragraph of the law) refers to
the legal capacity of a party to contract marriage, i.e.,
any male or female of the age of eighteen years or upwards
not under any of the impediments mentioned in Article 37 and
38 of the Code.
Under this property regime,
property acquired by both spouses through their work and industry
shall be governed by the rules on equal co-ownership. Any
property acquired during the union is prima facie presumed
to have been obtained through their joint efforts. A party
who did not participate in the acquisition of the property
shall still be considered as having contributed thereto jointly
if said party’s efforts consisted
in the care and maintenance of the family household.
Thus, for Article 147 to operate,
the man and the woman: (1) must be capacitated to marry each
other; (2) live exclusively with each other as husband and
wife; and (3) their union is without the benefit of marriage
or their marriage is void. All these elements are present
in the case at bar. It has not been shown that petitioner
and respondent suffered any impediment to marry each other.
They lived exclusively with each other as husband and wife
when petitioner moved in with respondent in his residence
and were later united in marriage. Their marriage, however,
was found to be void under Article 36 of the Family Code because
of respondent’s psychological incapacity to comply with essential
marital obligations.
The disputed property, Suite 204 of LCG Condominium, was purchased on installment
basis on July 26, 1983, at the time when petitioner and respondent
were already living together. Hence, it should be considered
as common property of petitioner and respondent.
Saguid vs. Court of Appeals G.R.
No. 150611. June 10, 2003
The regime of limited co-ownership
of property governing the union of parties who are not legally
capacitated to marry each other, but who nonetheless live
together as husband and wife, applies to properties acquired
during said cohabitation in proportion to their respective
contributions. Co-ownership will only be up to the extent
of the proven actual contribution of money, property or industry.
Absent proof of the extent thereof, their contributions and
corresponding shares shall be presumed to be equal.
Seventeen-year old Gina S. Rey was married, but separated de facto from her husband,
when she met petitioner Jacinto Saguid
in Marinduque, sometime in July 1987. After a brief courtship,
the two decided to cohabit as husband and wife in a house
built on a lot owned by Jacinto’s father.Their cohabitation was not blessed with any children. Jacinto
made a living as the patron of their fishing vessel Saguid
Brothers.Gina, on the other hand,
worked as a fish dealer, but decided to work as an entertainer
in Japan from 1992 to 1994 when her relationship
with Jacinto’s relatives turned
sour. Her periodic absence, however, did not ebb away the
conflict with petitioner’s relatives. In 1996, the couple
decided to separate and end up their 9-year cohabitation.
On January
9, 1997, private respondent filed a complaint for
Partition and Recovery of Personal Property with Receivership
against the petitioner with the Regional Trial Court of Boac,
Marinduque. She alleged that from her salary of $1,500.00
a month as entertainer in Japan, she was able to contribute P70,000.00 in the completion of their unfinished house. Also,
from her own earnings as an entertainer and fish dealer, she
was able to acquire and accumulate appliances, pieces of furniture
and household effects, with a total value of P111,375.00.
She prayed that she be declared the sole owner of these personal
properties and that the amount of P70,000.00,
representing her contribution to the construction of their
house, be reimbursed to her.
Private respondent testified
that she deposited part of her earnings in her savings account
with First Allied Development Bank. Her Pass Book shows that
as of May 23, 1995, she had a balance of P21,046.08. She further stated that she had a total of P35,465.00 share in the joint account deposit which she and the
petitioner maintained with the same bank. Gina declared that
said deposits were spent for the purchase of construction
materials, appliances and other personal properties.
In his answer to the complaint,
petitioner claimed that the expenses for the construction
of their house were defrayed solely from his income as a captain
of their fishing vessel. He averred that private respondent’s
meager income as fish dealer rendered her unable to contribute
in the construction of said house. Besides, selling fish was
a mere pastime to her; as such, she was contented with the
small quantity of fish allotted to her from his fishing trips.
Petitioner further contended that Gina did not work continuously
in Japan from 1992 to 1994, but only for a 6-month duration each year. When their house was repaired
and improved sometime in 1995-1996, private respondent did
not share in the expenses because her earnings as entertainer
were spent on the daily needs and business of her parents.
From his income in the fishing business, he claimed to have
saved a total of P130,000.00, P75,000.00
of which was placed in a joint account deposit with private
respondent. This savings, according to petitioner was spent
in purchasing the disputed personal properties.
It is not disputed that Gina
and Jacinto were not capacitated to marry each other because
the former was validly married to another man at the time
of her cohabitation with the latter. Their property regime
therefore is governed by Article 148 of the Family Code, which
applies to bigamous marriages, adulterous relationships, relationships
in a state of concubinage, relationships
where both man and woman are married to other persons, and
multiple alliances of the same married man. Under this regime,
only the properties acquired by both of the parties through
their actual joint contribution of money, property, or industry
shall be owned by them in common in proportion to their respective
contributions ... Proof of actual contribution is required.
In the case at bar, although
the adulterous cohabitation of the parties commenced in 1987,
which is before the date of the effectivity
of the Family Code on August 3, 1998, Article 148 thereof
applies because this provision was intended precisely to fill
up the hiatus in Article 144 of the Civil Code. Before
Article 148 of the Family Code was enacted, there was no provision
governing property relations of couples living in a state
of adultery or concubinage.Hence,
even if the cohabitation or the acquisition of the property
occurred before the Family Code took effect, Article 148 governs.
In the cases of Agapay v. Palang,
and Tumlos v. Fernandez,
which involved the issue of co-ownership of properties acquired
by the parties to a bigamous marriage and an adulterous relationship,
respectively, we ruled that proof of actual contribution in
the acquisition of the property is essential. The claim of
co-ownership of the petitioners therein who were parties to
the bigamous and adulterous union is without basis because
they failed to substantiate their allegation that they contributed
money in the purchase of the disputed properties. Also in
Adriano v. Court of Appeals, we ruled that the fact
that the controverted property was
titled in the name of the parties to an adulterous relationship
is not sufficient proof of co-ownership absent evidence of
actual contribution in the acquisition of the property.
As in other civil cases, the
burden of proof rests upon the party who, as determined by
the pleadings or the nature of the case, asserts an affirmative
issue. Contentions must be proved by competent evidence and
reliance must be had on the strength of the party’s own evidence
and not upon the weakness of the opponent’s defense. This
applies with more vigor where, as in the instant case, the
plaintiff was allowed to present evidence ex parte.
The plaintiff is not automatically entitled to the relief
prayed for. The law gives the defendant some measure of protection
as the plaintiff must still prove the allegations in the complaint.
Favorable relief can be granted only after the court is convinced
that the facts proven by the plaintiff warrant such relief.
Indeed, the party alleging a fact has the burden of proving
it and a mere allegation is not evidence.
In the case
at bar, the controversy centers on the house and personal
properties of the parties.
Private respondent alleged in her complaint that she contributed
P70,000.00 for the completion of
their house. However, nowhere in her testimony did she specify
the extent of her contribution. What appears in the record
are receipts in her name for the purchase of construction
materials on November
17, 1995 and December 23, 1995, in the total amount of P11,413.00.
On the other hand, both parties
claim that the money used to purchase the disputed personal
properties came partly from their joint account with First
Allied Development Bank. While there is no question that both
parties contributed in their joint account deposit, there
is, however, no sufficient proof of the exact amount of their
respective shares therein. Pursuant to Article 148 of the
Family Code, in the absence of proof of extent of the parties’
respective contribution, their share shall be presumed to
be equal. Here, the disputed personal properties were valued
at P111,375.00, the existence and value of which were not questioned
by the petitioner. Hence, their share therein is equivalent
to one-half, i.e., P55,687.50 each.
CARIÑO
vs. CARIÑO
G.R. No. 132529
February 2, 2001
The issue for resolution
in the case at bar hinges on the validity of the two marriages
contracted by the deceased SPO4 Santiago S. Cariño,
whose death benefits is now the subject of the controversy
between the two Susans whom he married.
Under Article 40 of the Family
Code, the absolute nullity of a previous marriage may be invoked
for purposes of remarriage on the basis solely of a final
judgment declaring such previous marriage void. Meaning,
where the absolute nullity of a previous marriage is sought
to be invoked for purposes of contracting a second marriage,
the sole basis acceptable in law, for said projected marriage
to be free from legal infirmity, is a final judgment declaring
the previous marriage void. However, for purposes other than
remarriage, no judicial action is necessary to declare a marriage
an absolute nullity. For other purposes, such as but
not limited to the determination of heirship, legitimacy or illegitimacy of a child, settlement
of estate, dissolution of property regime, or a criminal case
for that matter, the court may pass upon the validity of marriage
even after the death of the parties thereto, and even in a
suit not directly instituted to question the validity of said
marriage, so long as it is essential to the determination
of the case. In such instances, evidence must be adduced,
testimonial or documentary, to prove the existence of grounds
rendering such a previous marriage an absolute nullity. These
need not be limited solely to an earlier final judgment of
a court declaring such previous marriage void.
It is clear therefore that
the Court is clothed with sufficient authority to pass upon
the validity of the two marriages in this case, as the same
is essential to the determination of who is rightfully entitled
to the subject death benefits of the deceased.
It is beyond cavil, therefore,
that the marriage between petitioner Susan Nicdao and the deceased, having been solemnized without the
necessary marriage license, and not being one of the marriages
exempt from the marriage license requirement, is undoubtedly
void ab initio.
It does not follow from the
foregoing disquisition, however, that since the marriage of
petitioner and the deceased is declared void ab
initio,
the death benefits under scrutiny would now be awarded to
respondent Susan Yee. To reiterate, under Article 40
of the Family Code, for purposes of remarriage, there must
first be a prior judicial declaration of the nullity of a
previous marriage, though void, before a party can enter into
a second marriage, otherwise, the second marriage would also
be void.
Accordingly, the declaration
in the instant case of nullity of the previous marriage of
the deceased and petitioner Susan Nicdao does not validate
the second marriage of the deceased with respondent Susan
Yee. The fact remains that their marriage was solemnized
without first obtaining a judicial decree declaring the marriage
of petitioner Susan Nicdao and the deceased void. Hence,
the marriage of respondent Susan Yee and the deceased is,
likewise, void ab
initio.
One of the effects of the
declaration of nullity of marriage is the separation of the
property of the spouses according to the applicable property
regime. Considering that the two marriages are void ab initio, the applicable
property regime would not be absolute community or conjugal
partnership of property, but rather, be governed by the provisions
of Articles 147 and 148 of the Family Code on Property Regime
of Unions Without Marriage.
Under Article 148 of the
Family Code, which refers to the property regime of bigamous
marriages, adulterous relationships, relationships in a state
of concubine, relationships where both man and woman are married
to other persons, multiple alliances of the same married man,
- ... [O]nly
the properties acquired by both of the parties through their
actual joint contribution of money, property, or industry
shall be owned by them in common in proportion to their respective
contributions ...
In this property regime,
the properties acquired by the parties through their actual joint contribution shall belong
to the co-ownership. Wages and salaries earned by each
party belong to him or her exclusively. Then too, contributions
in the form of care of the home, children and household, or
spiritual or moral inspiration, are excluded in this regime.
How
to become a Christian
Who
is God? What is man? Who is Christ? Repent and believe
the
Kristo
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Executive
Order No. 209
The Family Code of the Philippines
Note: You
can download
free PDF newsletters on legal issues.
Title IV: Property Relations Between
Husband and Wife
Chapter 1.
General Provisions
Art. 74.
The property relationship 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 custom.
(118)
Art. 75.
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. In the absence of a marriage
settlement, or when the regime agreed upon is void, the system of
absolute community of property as established in this Code shall
govern. (119a)
Art. 76.
In order that any modification in the marriage settlements may be
valid, it must be made before the celebration of the marriage, subject
to the provisions of Articles
66, 67, 128, 135
and 136. (121)
Art. 77.
The marriage settlements and any modification thereof shall be in
writing, signed by the parties and executed before the celebration
of the marriage. They 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 properties. (122a)
Art. 78.
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. (120a)
Art. 79.
For the validity of any marriage settlement 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. (123a)
Art. 80.
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. (124a)
Art.
81. 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 marriages shall be valid. (125a)
Back to top
Chapter 2.
Donations by Reason of Marriage
Art. 82.
Donations by reason of marriage are those which are made before
its celebration, in consideration of the same, and in favor of one
or both of the future spouses. (126)
Art. 83.
These donations are governed by the rules
on ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the following
articles. (127a)
Art. 84.
If the future spouses agree upon a regime other than the absolute
community of property, they cannot donate to each other in their
marriage settlements more than one-fifth of their present property.
Any excess shall be considered void.
Donations
of future property shall be governed by the provisions on testamentary
succession and the formalities
of wills. (130a)
Art. 85.
Donations by reason of marriage of property subject to encumbrances
shall be valid. In case of foreclosure of the encumbrance and the
property is sold for less than the total amount of the obligation
secured, the donee shall not be liable
for the deficiency. If the property is sold for more than the total
amount of said obligation, the donee shall
be entitled to the excess. (131a)
Art. 86.
A donation by reason of marriage may be revoked by the donor in
the following cases:
(1) If the marriage is not celebrated
or judicially declared void ab initio except donations made in the marriage settlements,
which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the parents
or guardian, as required by law;
(3) When the marriage is annulled, and the donee
acted in bad faith;
(4) Upon legal separation, the donee
being the guilty spouse;
(5)
If it is with a resolutory condition
and the condition is complied with;
(6) When the donee has committed an
act
of ingratitude as specified by the provisions of the Civil
Code on donations in general. (132a)
Art. 87.
Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except moderate
gifts which the spouses may give each other on the occasion of any
family rejoicing. The prohibition shall also apply to persons living
together as husband and wife without a valid marriage. (133a)
Back to top
Chapter 3.
System of Absolute Community
Section 1.
General Provisions
Art. 88.
The absolute community of property between spouses shall commence
at the precise moment that the marriage is celebrated. Any stipulation,
express or implied, for the commencement of the community regime
at any other time shall be void. (145a)
Art. 89.
No waiver of rights, shares and effects of the absolute community
of property during the marriage can be made except in case of judicial
separation of property.
When the waiver takes place upon
a judicial separation of property, or after the marriage has been
dissolved or annulled, the same shall appear in a public instrument
and shall be recorded as provided in Article 77. The creditors of
the spouse who made such waiver may petition the court to rescind
the waiver to the extent of the amount sufficient to cover the amount
of their credits. (146a)
Art. 90.
The provisions on co-ownership shall apply to the absolute community
of property between the spouses in all matters not provided for
in this Chapter. (n)
Section 2.
What Constitutes Community Property
Art. 91.
Unless otherwise provided in this Chapter or in the marriage settlements,
the community property shall consist of all the property owned by
the spouses at the time of the celebration of the marriage or acquired
thereafter. (197a)
Art. 92. The following
shall be excluded from the community property:
(1) Property acquired during
the marriage by gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is expressly
provided by the donor, testator or grantor that they shall form
part of the community property;
(2) Property for personal and exclusive use of either spouse.
However, jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse who
has legitimate descendants by a former marriage, and the fruits
as well as the income, if any, of such property. (201a)
Art. 93.
Property acquired during the marriage is presumed to belong to the
community, unless it is proved that it is one of those excluded
therefrom. (160)
Section 3.
Charges and Obligations of the Absolute Community
Art. 94.
The absolute community of property shall be liable for:
(1) The support of the spouses,
their common children, and legitimate children of either spouse;
however, the support of illegitimate children shall be governed
by the provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by
the designated administrator-spouse for the benefit of the community,
or by both spouses, or by one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may have
been benefited;
(4) All taxes, liens, charges and expenses, including major or
minor repairs, upon the community property;
(5) All taxes and expenses for mere preservation made during marriage
upon the separate property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they have redounded
to the benefit of the family;
(8) The value of what is donated or promised by both spouses in
favor of their common legitimate children for the exclusive purpose
of commencing or completing a professional or vocational course
or other activity for self-improvement;
(9) Ante-nuptial debts of either spouse other than those falling
under paragraph (7) of this Article, the support of illegitimate
children of either spouse, and liabilities incurred by either
spouse by reason of a crime or a quasi-delict,
in case of absence or insufficiency of the exclusive property
of the debtor-spouse, the payment of which shall be considered
as advances to be deducted from the share of the debtor-spouse
upon liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit
is found to be groundless.
If the community property is insufficient
to cover the foregoing liabilities, except those falling under paragraph
(9), the spouses shall be solidarily liable
for the unpaid balance with their separate properties. (161a, 162a,
163a, 202a-205a)
Art. 95.
Whatever may be lost during the marriage in any game of chance,
betting, sweepstakes, or any other kind of gambling, whether permitted
or prohibited by law, shall be borne by the loser and shall not
be charged to the community but any winnings therefrom shall form
part of the community property. (164a)
Section 4.
Ownership, Administration, Enjoyment and Disposition of the Community
Property
Art. 96.
The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the
wife for proper remedy, which must be availed of within five years
from the date of the contract implementing such decision.
In the event that one spouse is
incapacitated or otherwise unable to participate in the administration
of the common properties, the other spouse may assume sole powers
of administration. These powers do not include disposition or encumbrance
without authority of the court or the written consent of the other
spouse. In the absence of such authority or consent, the disposition
or encumbrance shall be void. However, the transaction shall be
construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the
court before the offer is withdrawn by either or both offerors.
(206a)
Art. 97.
Either spouse may dispose by will of his or her interest in the
community property. (n)
Art. 98.
Neither spouse may donate any community property without the consent
of the other. However, either spouse may, without the consent of
the other, make moderate donations from the community property for
charity or on occasions of family rejoicing or family distress.
(n)
Section 5.
Dissolution of Absolute Community Regime
Art. 99.
The absolute community terminates:
(1) Upon the death of either
spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled
or declared void; or
(4) In case of judicial separation of property during the marriage
under Articles 134 to 138. (175a)
Art. 100.
The separation in fact between husband and wife shall not affect
the regime of absolute community except that:
(1) The spouse who leaves the
conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other
is required by law, judicial authorization shall be obtained in
a summary proceeding;
(3) In the absence of sufficient community property, the separate
property of both spouses shall be solidarily
liable for the support of the family. The spouse present shall,
upon proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property
of the other spouse and use the fruits or proceeds thereof to
satisfy the latter's share. (178a)
Art. 101.
If a spouse without just cause abandons the other or fails to comply
with his or her obligations to the family, the aggrieved spouse
may petition the court for receivership, for judicial separation
of property or for authority to be the sole administrator of the
absolute community, subject to such precautionary conditions as
the court may impose.
The obligations to the family mentioned
in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned
the other when he or she has left the conjugal
dwelling without intention of returning. The spouse who has left
the conjugal dwelling for a period of three months or has failed
within the same period to give any information as to his or her
whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling. (178a)
Section 6.
Liquidation of the Absolute Community Assets and Liabilities
Art. 102.
Upon dissolution of the absolute community regime, the following
procedure shall apply:
(1) An inventory shall be prepared,
listing separately all the properties of the absolute community
and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall
be paid out of its assets. In case of insufficiency of said assets,
the spouses shall be solidarily liable for the unpaid balance with their separate
properties in accordance with the provisions of the second paragraph
of Article 94.
(3) Whatever remains of the exclusive properties of the spouses
shall thereafter be delivered to each of them.
(4) The net remainder of the properties of the absolute community
shall constitute its net assets, which shall be divided equally
between husband and wife, unless a different proportion or division
was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code. For
purpose of computing the net profits subject to forfeiture in
accordance with Articles
43, No. (2) and 63,
No. (2), the said profits shall be the increase in value between
the market value of the community property at the time of the
celebration of the marriage and the market value at the time of
its dissolution.
(5) The presumptive legitimes of the
common children shall be delivered upon partition, in accordance
with Article
51.
(6) Unless otherwise agreed upon by the parties, in the partition
of the properties, the conjugal dwelling and the lot on which
it is situated shall be adjudicated to the spouse with whom the
majority of the common children choose to remain.
Children below the age of seven
years are deemed to have chosen the mother, unless the court has
decided otherwise. In case there is no such majority, the court
shall decide, taking into consideration the best interests of said
children. (n)
Art. 103.
Upon the termination of the marriage by death, the community property
shall be liquidated in the same proceeding for the settlement of
the estate of the deceased.
If no judicial settlement proceeding
is instituted, the surviving spouse shall liquidate the community
property either judicially or extra-judicially within six months
from the death of the deceased spouse. If upon the lapse of the
six months period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall
be void.
Should the surviving spouse contract
a subsequent marriage without complying with the foregoing requirements,
a mandatory regime of complete separation of property shall govern
the property relations of the subsequent marriage. (n)
Art. 104.
Whenever the liquidation of the community properties of two or more
marriages contracted by the same person before the effectivity
of this Code is carried out simultaneously, the respective capital,
fruits and income of each community shall be determined upon such
proof as may be considered according to the rules of evidence. In
case of doubt as to which community the existing properties belong,
the same shall be divided between the different communities in proportion
to the capital and duration of each. (189a)
Back to top
Chapter 4.
Conjugal Partnership of Gains
Section 1.
General Provisions
Art. 105.
In case the future spouses agree in the marriage settlements that
the regime of conjugal partnership of gains shall govern their property
relations during marriage, the provisions in this Chapter shall
be of supplementary application.
The provisions of this Chapter
shall also apply to conjugal partnerships of gains already established
between spouses before the effectivity
of this Code, without prejudice to vested rights already acquired
in accordance with the Civil Code or other laws, as provided in
Article
256. (n)
Art. 106.
Under the regime of conjugal partnership of gains, the husband and
wife place in a common fund the proceeds, products, fruits and income
from their separate properties and those acquired by either or both
spouses through their efforts or by chance, and, upon dissolution
of the marriage or of the partnership, the net gains or benefits
obtained by either or both spouses shall be divided equally between
them, unless otherwise agreed in the marriage settlements. (142a)
Art. 107.
The rules provided in Articles 88 and 89
shall also apply to conjugal partnership of gains. (n)
Art. 108.
The conjugal partnership shall be governed by the rules on the contract
of partnership in all that is not in conflict with what is expressly
determined in this Chapter or by the spouses in their marriage settlements.
(147a)
Section 2.
Exclusive Property of Each Spouse
Art. 109.
The following shall be the exclusive property 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 gratuitous
title;
(3) That which is acquired by right of redemption, by barter or
by exchange with property belonging to only one of the spouses;
and
(4) That which is purchased with exclusive money of the wife or
of the husband. (148a)
Art. 110.
The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.
Either spouse may, during the marriage,
transfer the administration of his or her exclusive property to
the other by means of a public instrument, which shall be recorded
in the registry of property of the place the property is located.
(137a, 168a, 169a)
Art. 111.
A spouse of age may mortgage, encumber, alienate or otherwise dispose
of his or her exclusive property, without the consent of the other
spouse, and appear alone in court to litigate with regard to the
same. (n)
Art. 112.
The alienation of any exclusive property of a spouse administered
by the other automatically terminates the administration over such
property and the proceeds of the alienation shall be turned over
to the owner-spouse. (n)
Art. 113.
Property donated or left by will to the spouses, jointly and with
designation of determinate shares, shall pertain to the donee-spouse
as his or her own exclusive property, and in the absence of designation,
share and share alike, without prejudice to the right of accretion
when proper. (150a)
Art. 114.
If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the donee
spouse, whenever they have been advanced by the conjugal partnership
of gains. (151a)
Art. 115.
Retirement benefits, pensions, annuities, gratuities, usufructs
and similar benefits shall be governed by the rules on gratuitous
or onerous acquisitions as may be proper in each case. (n)
Back to top
Section
3. Conjugal
Partnership Property
Art. 116.
All property acquired during the marriage, whether the acquisition
appears to have been made, contracted or registered in the name
of one or both spouses, is presumed to be conjugal unless the contrary
is proved. (160a)
Art. 117. The
following are conjugal partnership properties:
(1) Those acquired by onerous
title during the marriage at the expense of the common fund, whether
the acquisition be for the partnership, or for only one of the
spouses;
(2) Those obtained from the labor, industry, work or profession
of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or received
during the marriage from the common property, as well as the net
fruits from the exclusive property of each spouse;
(4) The share of either spouse in the hidden treasure which the
law awards to the finder or owner of the property where the treasure
is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership
in excess of the number of each kind brought to the marriage by
either spouse; and
(7) Those which are acquired by chance, such as winnings from
gambling or betting. However, losses therefrom shall be borne
exclusively by the loser-spouse. (153a, 154a, 155, 159)
Art. 118.
Property bought on installments paid partly from exclusive funds
of either or both spouses and partly from conjugal funds belongs
to the buyer or buyers if full ownership was vested before the marriage
and to the conjugal partnership if such ownership was vested during
the marriage. In either case, any amount advanced by the partnership
or by either or both spouses shall be reimbursed by the owner or
owners upon liquidation of the partnership. (n)
Art. 119.
Whenever an amount or credit payable within a period of time belongs
to one of the spouses, the sums which may be collected during the
marriage in partial payments or by installments on the principal
shall be the exclusive property of the spouse. However, interests
falling due during the marriage on the principal shall belong to
the conjugal partnership. (156a, 157a)
Art. 120.
The ownership of improvements, whether for utility or adornment,
made on the separate property of the spouses at the expense of the
partnership or through the acts or efforts of either or both spouses
shall pertain to the conjugal partnership, or to the original owner-spouse,
subject to the following rules:
When the cost of the improvement
made by the conjugal partnership and any resulting increase in value
are more than the value of the property at the time of the improvement,
the entire property of one of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value of the property
of the owner-spouse at the time of the improvement; otherwise, said
property shall be retained in ownership by the owner-spouse, likewise
subject to reimbursement of the cost of the improvement.
In either case, the ownership of
the entire property shall be vested upon the reimbursement, which
shall be made at the time of the liquidation of the conjugal partnership.
(158a)
Back to top
Section 4.
Charges Upon and Obligations of the Conjugal Partnership
Art. 121.
The conjugal partnership shall be liable for:
(1) The support of the spouse,
their common children, and the legitimate children of either spouse;
however, the support of illegitimate children shall be governed
by the provisions
of this Code on Support;
(2) All debts and obligations contracted
during the marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by both spouses
or by one of them with the consent of the other;
(3) Debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may have
benefited;
(4) All taxes, liens, charges, and expenses, including major or
minor repairs upon the conjugal partnership property;
(5) All taxes and expenses for mere preservation made during the
marriage upon the separate property of either spouse;
(6) Expenses to enable either spouse to commence or complete a
professional, vocational, or other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they have redounded
to the benefit of the family;
(8) The value of what is donated or promised by both spouses in
favor of their common legitimate children for the exclusive purpose
of commencing or completing a professional or vocational course
or other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless the suit
is found to be groundless.
If the conjugal partnership is
insufficient to cover the foregoing liabilities, the spouses shall
be solidarily liable for the unpaid balance with their separate
properties. (161a)
Art. 122.
The payment of personal debts contracted by the husband or the wife
before or during the marriage shall not be charged to the conjugal
properties partnership except insofar as they redounded to the benefit
of the family.
Neither shall the fines and pecuniary
indemnities imposed upon them be charged to the partnership.
However, the payment of personal
debts contracted by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the support of illegitimate
children of either spouse, may be enforced against the partnership
assets after the responsibilities enumerated in the preceding Article
have been covered, if the spouse who is bound should have no exclusive
property or if it should be insufficient; but at the time of the
liquidation of the partnership, such spouse shall be charged for
what has been paid for the purpose above-mentioned. (163a)
Art. 123.
Whatever may be lost during the marriage in any game of chance or
in betting, sweepstakes, or any other kind of gambling whether permitted
or prohibited by law, shall be borne by the loser and shall not
be charged to the conjugal partnership but any winnings therefrom
shall form part of the conjugal partnership property. (164a)
Back to top
Section 5.
Administration of the Conjugal Partnership Property
Art. 124.
The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the
wife for proper remedy, which must be availed of within five years
from the date of the contract implementing such decision.
In the event that one spouse is
incapacitated or otherwise unable to participate in the administration
of the conjugal properties, the other spouse may assume sole powers
of administration. These powers do not include disposition or encumbrance
without authority of the court or the written consent of the other
spouse. In the absence of such authority or consent, the disposition
or encumbrance shall be void. However, the transaction shall be
construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the
court before the offer is withdrawn by either or both offerors.
(165a)
Art. 125.
Neither spouse may donate any conjugal partnership property without
the consent of the other. However, either spouse may, without the
consent of the other, make moderate donations from the conjugal
partnership property for charity or on occasions of family rejoicing
or family distress. (174a)
Section 6.
Dissolution of Conjugal Partnership Regime
Art. 126.
The conjugal partnership terminates:
(1) Upon the death of either
spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage
under Articles 134 to 138. (175a)
Art. 127.
The separation in fact between husband and wife shall not affect
the regime of conjugal partnership, except that:
(1) The spouse who leaves the
conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other
is required by law, judicial authorization shall be obtained in
a summary proceeding;
(3) In the absence of sufficient conjugal partnership property,
the separate property of both spouses shall be solidarily
liable for the support of the family.
The spouse present shall, upon
petition in a summary
proceeding, be given judicial authority to administer or encumber
any specific separate property of the other spouse and use the fruits
or proceeds thereof to satisfy the latter's share. (178a)
Art. 128.
If a spouse without just cause abandons the other or fails to comply
with his or her obligation to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of
property, or for authority to be the sole administrator of the conjugal
partnership property, subject to such precautionary conditions as
the court may impose.
The obligations to the family mentioned
in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned
the other when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the conjugal dwelling
for a period of three months or has failed within the same period
to give any information as to his or her whereabouts shall be prima
facie presumed to have no intention of returning to the conjugal
dwelling. (167a, 191a)
Back to top
Section 7.
Liquidation of the Conjugal Partnership Assets and Liabilities
Art. 129.
Upon the dissolution of the conjugal partnership regime, the following
procedure shall apply:
(1) An inventory shall be prepared,
listing separately all the properties of the conjugal partnership
and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of
personal debts and obligations of either spouse shall be credited
to the conjugal partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his or her
exclusive funds in the acquisition of property or for the value
of his or her exclusive property, the ownership of which has been
vested by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall
be paid out of the conjugal assets. In case of insufficiency of
said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties,
in accordance with the provisions of paragraph
(2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses
shall thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source,
the loss or deterioration of movables used for the benefit of
the family, belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall
constitute the profits, which shall be divided equally between
husband and wife, unless a different proportion or division was
agreed upon in the marriage settlements or unless there has been
a voluntary waiver or forfeiture of such share as provided in
this Code.
(8) The presumptive legitimes of the
common children shall be delivered upon the partition in accordance
with Article
51.
(9) In the partition of the properties, the conjugal dwelling
and the lot on which it is situated shall, unless otherwise agreed
upon by the parties, be adjudicated to the spouse with whom the
majority of the common children choose to remain.
Children below the age of seven
years are deemed to have chosen the mother, unless the court has
decided otherwise. In case there is no such majority, the court
shall decide, taking into consideration the best interests of said
children. (181a, 182a, 183a, 184a, 185a)
Art. 130.
Upon the termination of the marriage by death, the conjugal partnership
property shall be liquidated in the same proceeding for the settlement
of the estate of the deceased.
If no judicial settlement proceeding
is instituted, the surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-judicially within
six months from the death of the deceased spouse. If upon the lapse
of the six-month period no liquidation is made, any disposition
or encumbrance involving the conjugal partnership property of the
terminated marriage shall be void.
Should the surviving spouse contract
a subsequent marriage without complying with the foregoing requirements,
a mandatory regime of complete separation of property shall govern
the property relations of the subsequent marriage. (n)
Art. 131.
Whenever the liquidation of the conjugal partnership properties
of two or more marriages contracted by the same person before the
effectivity of this Code is carried out
simultaneously, the respective capital, fruits and income of each
partnership shall be determined upon such proof as may be considered
according to the rules of evidence. In case of doubt as to which
partnership the existing properties belong, the same shall be divided
between the different partnerships in proportion to the capital
and duration of each. (189a)
Art. 132.
The
Rules of Court on the administration of estates of deceased persons
shall be observed in the appraisal and sale of property of the conjugal
partnership, and other matters which are not expressly determined
in this Chapter. (187a)
Art. 133.
From the common mass of property support shall be given to the surviving
spouse and to the children during the liquidation of the inventoried
property and until what belongs to them is delivered; but from this
shall be deducted that amount received for support which exceeds
the fruits or rents pertaining to them. (188a)
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Chapter 5.
Separation of Property of the Spouses and Administration of Common
Property by One Spouse During the Marriage
Art. 134.
In the absence of an express declaration in the marriage settlements,
the separation of property between spouses during the marriage shall
not take place except by judicial order. Such judicial separation
of property may either be voluntary or for sufficient cause. (190a)
Art.
135. Any of the following shall be considered sufficient
cause for judicial separation of property:
(1) That the spouse of the petitioner
has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared
an absentee;
(3) That loss of parental authority of the spouse of petitioner
has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter
or failed to comply with his or her obligations to the family
as provided for in Article 101;
(5) That the spouse granted the
power of administration in the marriage settlements has abused
that power; and
(6) That at the time of the petition,
the spouses have been separated in fact for at least one year
and reconciliation is highly improbable.
In the cases provided for in Numbers
(1), (2) and (3), the presentation of the final judgment against
the guilty or absent spouse shall be enough basis
for the grant of the decree of judicial separation of property.
(191a)
Art. 136.
The spouses may jointly file a verified petition with the court
for the voluntary dissolution of the absolute community or the conjugal
partnership of gains, and for the separation of their common properties.
All creditors of the absolute community
or of the conjugal partnership of gains, as well as the personal
creditors of the spouse, shall be listed in the petition and notified
of the filing thereof. The court shall take measures to protect
the creditors and other persons with pecuniary interest. (191a)
Art. 137.
Once the separation of property has been decreed, the absolute community
or the conjugal partnership of gains shall be liquidated in conformity
with this Code.
During the pendency of the proceedings
for separation of property, the absolute community or the conjugal
partnership shall pay for the support of the spouses and their children.
(192a)
Art. 138.
After dissolution of the absolute community or of the conjugal partnership,
the provisions on complete separation of property shall apply. (191a)
Art. 139.
The petition for separation of property and the final judgment granting
the same shall be recorded in the proper local civil registries
and registries of property. (193a)
Art. 140.
The separation of property shall not prejudice the rights previously
acquired by creditors. (194a)
Art. 141.
The spouses may, in the same proceedings where separation of property
was decreed, file a motion in court for a decree reviving the property
regime that existed between them before the separation of property
in any of the following instances:
(1) When the civil interdiction
terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the
power of administration in the marriage settlements will not again
abuse that power, authorizes the resumption of said administration;
(4) When the spouse who has left the conjugal home without a decree
of legal separation resumes common life with the other;
(5) When
parental authority is judicially restored to the spouse previously
deprived thereof;
(6) When the spouses who have separated in fact for at least one
year, reconcile and resume common life; or
(7) When after voluntary dissolution of the absolute community
of property or conjugal partnership has been judicially decreed
upon the joint petition of the spouses, they agree to the revival
of the former property regime. No voluntary separation of property
may thereafter be granted.
The revival of the former property
regime shall be governed by Article
67. (195a)
Art. 142.
The administration of all classes of exclusive property of either
spouse may be transferred by the court to the other spouse:
(1) When one spouse becomes the
guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with
it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding
as an accused in a criminal case.
If the other spouse is not qualified
by reason of incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be the administrator.
(n)
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Chapter 6.
Regime of Separation of Property
Art. 143.
Should the future spouses agree in the marriage settlements that
their property relations during marriage shall be governed by the
regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)
Art. 144.
Separation of property may refer to present or future property or
both. It may be total or partial. In the latter case, the property
not agreed upon as separate shall pertain to the absolute community.
(213a)
Art. 145.
Each spouse shall own, dispose of, possess, administer and enjoy
his or her own separate estate, without need of the consent of the
other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural, industrial
or civil, due or received during the marriage from his or her separate
property. (214a)
Art. 146.
Both spouses shall bear the family expenses in proportion to their
income, or, in case of insufficiency or default thereof, to the
current market value of their separate properties.
The liabilities of the spouses
to creditors for family expenses shall, however, be solidary.
(215a)
Chapter 7.
Property Regime of Unions Without Marriage
Art. 147.
When a man and a woman who are capacitated to marry each other,
live exclusively with each other as husband and wife without the
benefit of marriage or under a void marriage, their wages and salaries
shall be owned by them in equal shares and the property acquired
by both of them through their work or industry shall be governed
by the rules on co-ownership.
In the absence of proof to the
contrary, properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts, work or industry,
and shall be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by the
other party of any property shall be deemed to have contributed
jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of
the family and of the household.
Neither party can encumber or dispose
by acts inter vivos of his or her share
in the property acquired during cohabitation and owned in common,
without the consent of the other, until after the termination of
their cohabitation.
When only one of the parties to
a void marriage is in good faith, the share of the party in bad
faith in the co-ownership shall be forfeited in favor of their common
children. In case of default of or waiver by any or all of the common
children or their descendants, each vacant share shall belong to
the respective surviving descendants. In the absence of descendants,
such share shall belong to the innocent party. In all cases, the
forfeiture shall take place upon termination of the cohabitation.
(144a)
Art. 148.
In cases of cohabitation not falling under the preceding Article,
only the properties acquired by both of the parties through their
actual joint contribution of money, property, or industry shall
be owned by them in common in proportion to their respective contributions.
In the absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and evidences
of credit.
If one of the parties is validly
married to another, his or her share in the co-ownership shall accrue
to the absolute community or conjugal partnership existing in such
valid marriage. If the party who acted in bad faith is not validly
married to another, his or her share shall
be forfeited in the manner provided in the last paragraph of the
preceding Article.
The foregoing rules on forfeiture
shall likewise apply even if both parties are in bad faith. (144a).
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