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Rights and Obligations of Spouses the objection, the resulting obligation shall be
enforced against the separate property of the spouse
Art. 68. [Marital Obligations] The husband and wife are who has not obtained consent. The foregoing
obliged to live together, observe mutual love, respect provisions shall not prejudice the rights of creditors who
and fidelity, and render mutual help and support. acted in good faith. (117a)
(109a)
Ilusorio vs Bildner, et. al
Art. 69. [Family Domicile] The husband and wife shall fix
the family domicile. In case of disagreement, the court Wife (mother of the children) wants to get the
shall decide. The court may exempt one spouse from custody of the father for the children (may
living with the other if the latter should live abroad or property kasi si husband)
there are other valid and compelling reasons for the Writ of habeas corpus was filed by the wife
exemption. However, such exemption shall not apply if SC: There was no illegal restraint so the Court
the same is not compatible with the solidarity of the denied the writ. The Court cannot compel the
family. (110a) husband to live with the wife. Marital
obligations under Art. 68 must be voluntary,
Art. 70. [Joint Responsibility for Support] The spouses spontaneous and equal.
are jointly responsible for the support of the family. The Atty Canlas (obiter): The Court can only give
expenses for such support and other conjugal legal remedy, not emotional. The Court
obligations shall be paid from the community property cannot compel to love where there is no love.
and, in the absence thereof, from the income or fruits
of their separate properties. In case of insufficiency or Chi Ming Tsoi vs Gina Lao
absence of said income or fruits, such obligations shall
be satisfied from the separate properties. (111a) SC: Under Art 68, FC, there must be
spontaneity and mutual feelings in order to
Art. 71. [Mgmt of Household] The management of the fulfill the responsibilities of the spouses.
household shall be the right and the duty of both
spouses. The expenses for such management shall be Property Relations
paid in accordance with the provisions of Article 70.
(115a) Art. 74. [Property Relations] The property relationship
between husband and wife shall be governed in the
Art. 72. [Relief in case of neglect] When one of the following order:
spouses neglects his or her duties to the conjugal
union or commits acts which tend to bring danger, (1) By marriage settlements executed before
the marriage; [pre-nup or antenuptial
dishonor or injury to the other or to the family, the
agreement]
aggrieved party may apply to the court for relief.
(116a)
(2) By the provisions of this Code; and [default
property regime under FC: ACP]
Art. 73. [Legitimate Profession] Either spouse may
exercise any legitimate profession, occupation,
(3) By the local custom. (118)
business or activity without the consent of the other.
The latter may object only on valid, serious, and moral Art. 75. [Types of Property Regimes] The future spouses
grounds. In case of disagreement, the court shall may, in the marriage settlements, agree upon the
decide whether or not: regime of absolute community, conjugal partnership
of gains, complete separation of property, or any
(1) The objection is proper; and other regime. In the absence of a marriage
settlement, or when the regime agreed upon is void,
(2) Benefit has occurred to the family prior to the the system of absolute community of property as
objection or thereafter. If the benefit accrued prior to established in this Code shall govern. (119a)

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Art. 76. [Marriage Settlement] In order that any referred to in the preceding articles in consideration of
modification in the marriage settlements may be valid, a future marriage, including donations between the
it must be made before the celebration of the prospective spouses made therein, shall be rendered
marriage, subject to the provisions of Articles 66, 67, void if the marriage does not take place. However,
128, 135 and 136. (121) stipulations that do not depend upon the celebration
of the marriages shall be valid. (125a)
Art. 77. [Requirements] The marriage settlements and
any modification thereof shall be in writing, signed by Delizo vs Delizo
the parties and executed before the celebration of the
marriage. They shall not prejudice third persons unless There are two marriages.
they are registered in the local civil registry where the Subject of controversy: Kaanawaan
marriage contract is recorded as well as in the proper (Homestead lands)
registries of properties. (122a)
Contention of the heirs of the 1st wife:
The first wife was the one who applied for the
Art. 78. [Minors marriage settlement] A minor who
homestead patent.
according to law may contract marriage may also
execute his or her marriage settlements, but they shall Contention of the 2nd wife:
be valid only if the persons designated in Article 14 to The patent was only granted during the
give consent to the marriage are made parties to the second marriage
agreement, subject to the provisions of Title IX of this SC: Gave the right to the 2nd wife; but divided
Code. (120a) the same to the 1st wife (heirs) since they also
contributed to the acquisition of the property.
Art. 79. [MS of a person subject to civil interdiction] For The reckoning period is the time when the
the validity of any marriage settlement executed by a
property was acquired or registered. There is
person upon whom a sentence of civil interdiction has
been pronounced or who is subject to any other no right created in the first marriage because
disability, it shall be indispensable for the guardian the application for homestead patent (of the
appointed by a competent court to be made a party subject property) was not yet granted.
thereto. (123a)
Uy vs CA
Art. 80. [Exceptions] In the absence of a contrary
stipulation in a marriage settlement, the property Children of the common law union filed for
relations of the spouses shall be governed by partition of the properties themselves;
Philippine laws, regardless of the place of the however, there comes Siate who is claiming to
celebration of the marriage and their residence. have been fathered by Uy.
SC: Under Art 147 & 148 of FC, common law
This rule shall not apply: spouses must be treated as co-owners
because there is a presumption that they
(1) Where both spouses are aliens;
acquired the property together.
The property regime for cohabitation or
(2) With respect to the extrinsic validity of
common-law spouses is co-ownership!
contracts affecting property not situated in
the Philippines and executed in the country
Quiao vs Quiao
where the property is located; and
No separate properties
(3) With respect to the extrinsic validity of
The spouses were able to acquire a decree of
contracts entered into in the Philippines but
affecting property situated in a foreign country legal separation.
whose laws require different formalities for its SC: The property regime must be conjugal
extrinsic validity. (124a) partnership of gains.
How does it work?
Art. 81. [Cancellation of Donations Propter Nuptias]
Everything stipulated in the settlements or contracts

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When spouses marry, they create a Donations by Reason of Marriage

common fund. (Donations propter nuptias )
Spouses still retain their separate
properties Art. 82. [Donations Propter Nuptias] Donations by
- Husband = capital property reason of marriage are those which are made before
- Wife = paraphernal property its celebration, in consideration of the same, and in
No mass of property that is created. favor of one or both of the future spouses. (126)
Only common fund. You derive your
property from that common fund. Donations by Reason of Marriage (Art 82)
Whatever you acquire from that fund Requisites:
is your conjugal property. Must be made before the
celebration of the marriage.
Under Conjugal Partnership of Gains (CPG): In consideration of the marriage.
Must be in favor of one or both of
All properties earned during the marriage
the future spouses.
called the common fund will be divided
into two in the event of a legal separation
All of the properties acquired by each of
Why before marriage?
the spouses before the marriage is still Because after the marriage, they can
theirs exclusively no longer donate to each other.

Under Absolute Community of Property (ACP): * You can donate (give) to each other
moderate gifts. (Art. 84)
Common mass of properties between the
spouses * Moderate gifts depend on the
means/capacity of the parties.
Marriage settlements

Ante-nuptial/pre-nuptial agreements Art. 83. These donations are governed by the rules on
take effect right after the ordinary donations established in Title III of Book III of
solemnization of the marriage. (Read the Civil Code, insofar as they are not modified by the
Art 75, FC) following articles. (127a)

Toda vs CA Art. 84. [Donation limit of 1/5] If the future spouses

agree upon a regime other than the absolute
Wife filed for dissolution of property but community of property, they cannot donate to each
later on agreed on a compromise other in their marriage settlements more than one-fifth
agreement. of their present property. Any excess shall be
considered void.
SC: There must always be a court
approval when it comes to marriage
Donations of future property shall be governed by the
settlements to make sure that no 3rd
provisions on testamentary succession and the
parties will be prejudiced (so that formalities of wills. (130a)
creditors etc. can oppose), otherwise
the agreement to dissolve the Art. 85. Donations by reason of marriage of property
conjugal partnership will be void. subject to encumbrances shall be valid. In case of
Whatever your property regime is at foreclosure of the encumbrance and the property is
the beginning of your marriage shall sold for less than the total amount of the obligation
be your property regime but you can secured, the donee shall not be liable for the
deficiency. If the property is sold for more than the
amend it subject to court approval.

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total amount of said obligation, the donee shall be Absolute Community of Property
entitled to the excess. (131a)
You bring everything to the marriage except in Art 92
Art. 86. [Revocation of Donations Propter Nuptias] A of FC.
donation by reason of marriage may be revoked by Art. 92 [Properties exempted from ACP]:
the donor in the following cases: Property acquired during the marriage via
gratuitous title and its fruits and income
(1) If the marriage is not celebrated or
judicially declared void ab initio except Exclusive property except jewelry
donations made in the marriage settlements, Property acquired during previous marriage
which shall be governed by Article 81;

(2) When the marriage takes place without the

consent of the parents or guardian, as required Art. 88. [ACP begins once the marriage is celebrated!]
by law; The absolute community of property between spouses
shall commence at the precise moment that the
marriage is celebrated. Any stipulation, express or
(3) When the marriage is annulled, and the implied, for the commencement of the community
donee acted in bad faith; regime at any other time shall be void. (145a)

(4) Upon legal separation, the donee being

Art. 89. [Waiver] No waiver of rights, shares and effects
the guilty spouse;
of the absolute community of property during the
marriage can be made except in case of judicial
(5) If it is with a resolutory condition and the separation of property.
condition is complied with;
When the waiver takes place upon a judicial
(6) When the donee has committed an act of separation of property, or after the marriage has been
ingratitude as specified by the provisions of the dissolved or annulled, the same shall appear in a
Civil Code on donations in general. (132a) public instrument and shall be recorded as provided in
Article 77. The creditors of the spouse who made such
Art. 87. [Moderate Gifts] Every donation or grant of waiver may petition the court to rescind the waiver to
gratuitous advantage, direct or indirect, between the the extent of the amount sufficient to cover the
spouses during the marriage shall be void, except amount of their credits. (146a)
moderate gifts, which the spouses may give each
other on the occasion of any family rejoicing. The What Constitutes Community Property?
prohibition shall also apply to persons living together
as husband and wife without a valid marriage. (133a)
Art. 90. [Co-ownership provisions = ACP provisions] The
provisions on co-ownership shall apply to the absolute
Locquiao Valencia et al vs Locquiao et al community of property between the spouses in all
matters not provided for in this Chapter. (n)
Inventario Ti Sagut
Art. 92. [Exempted from ACP] The following shall be
SC: Acceptance of donation by reason of excluded from the community property:
marriage is not necessary. (Old Civil Code: not
necessary) (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;

Absolute Community of Property (2) Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
community property;

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(3) Property acquired before the marriage by either legitimate children for the exclusive purpose of
spouse who has legitimate descendants by a former commencing or completing a professional or
marriage, and the fruits as well as the income, if any, vocational course or other activity for self-
of such property. (201a) improvement;

Art. 93. [Presumption of ACP] Property acquired during (9) Antenuptial debts of either spouse other
the marriage is presumed to belong to the than those falling under paragraph (7) of this
community, unless it is proved that it is one of those Article, the support of illegitimate children of
excluded therefrom. (160) either spouse, and liabilities incurred by either
spouse by reason of a crime or a quasi-delict,
Charges and Obligations of the Absolute Community in case of absence or insufficiency of the
exclusive property of the debtor-spouse, the
payment of which shall be considered as
Art. 94. [Liabilities of ACP] The absolute community of
property shall be liable for: advances to be deducted from the share of
the debtor-spouse upon liquidation of the
community; and
(1) The support of the spouses, their common
children, and legitimate children of either
(10) Expenses of litigation between the
spouse; however, the support of illegitimate
spouses unless the suit is found to be
children shall be governed by the provisions of
this Code on Support; groundless.

(2) All debts and obligations contracted during If the community property is insufficient to cover the
foregoing liabilities, except those falling under
the marriage by the designated administrator-
paragraph (9), the spouses shall be solidarily liable for
spouse for the benefit of the community, or by
the unpaid balance with their separate properties.
both spouses, or by one spouse with the
consent of the other; (161a, 162a, 163a, 202a-205a)

(3) Debts and obligations contracted by either Art. 95. Whatever may be lost during the marriage in
any game of chance, betting, sweepstakes, or any
spouse without the consent of the other to the
other kind of gambling, whether permitted or
extent that the family may have been
benefited; 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.
(4) All taxes, liens, charges and expenses, (164a)
including major or minor repairs, upon the
community property;
Ownership, Administrative, Enjoyment and Disposition
of the Community Property
(5) All taxes and expenses for mere
preservation made during marriage upon the
separate property of either spouse used by the Art. 96. The administration and enjoyment of the
family; community property shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
(6) Expenses to enable either spouse to by the wife for proper remedy, which must be availed
commence or complete a professional or of within five years from the date of the contract
vocational course, or other activity for self- implementing such decision.
improvement;
In the event that one spouse is incapacitated or
(7) Antenuptial debts of either spouse insofar otherwise unable to participate in the administration
as they have redounded to the benefit of the of the common properties, the other spouse may
family; assume sole powers of administration. These powers
do not include disposition or encumbrance without
(8) The value of what is donated or promised authority of the court or the written consent of the
by both spouses in favor of their common other spouse. In the absence of such authority or

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consent, the disposition or encumbrance shall be void. encumber any specific separate property of
However, the transaction shall be construed as a the other spouse and use the fruits or proceeds
continuing offer on the part of the consenting spouse thereof to satisfy the latter's share. (178a)
and the third person, and may be perfected as a
binding contract upon the acceptance by the other Art. 101. If a spouse without just cause abandons the
spouse or authorization by the court before the offer is other or fails to comply with his or her obligations to
withdrawn by either or both offerors. (206a) the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
Art. 97. Either spouse may dispose by will of his or her property or for authority to be the sole administrator of
interest in the community property. (n) the absolute community, subject to such
precautionary conditions as the court may impose.
Art. 98. Neither spouse may donate any community
property without the consent of the other. However, The obligations to the family mentioned in the
either spouse may, without the consent of the other, preceding paragraph refer to marital, parental or
make moderate donations from the community property relations.
property for charity or on occasions of family rejoicing
or family distress. (n) A spouse is deemed to have abandoned the other
when her or she has left the conjugal dwelling without
Dissolution of Absolute Community Regime intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
Art. 99. The absolute community terminates: failed within the same period to give any information
as to his or her whereabouts shall be prima facie
(1) Upon the death of either spouse; presumed to have no intention of returning to the
conjugal dwelling. (178a)
(2) When there is a decree of legal separation;
Liquidation of the Absolute Community Assets and
Liabilities
(3) When the marriage is annulled or declared
void; or
Art. 102. Upon dissolution of the absolute community
regime, the following procedure shall apply:
(4) In case of judicial separation of property
during the marriage under Article 134 to 138.
(175a) (1) An inventory shall be prepared, listing
separately all the properties of the absolute
community and the exclusive properties of
Art. 100. The separation in fact between husband and each spouse.
wife shall not affect the regime of absolute community
except that:
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In
(1) The spouse who leaves the conjugal home case of insufficiency of said assets, the spouses
or refuses to live therein, without just cause, shall be solidarily liable for the unpaid balance
shall not have the right to be supported; with their separate properties in accordance
with the provisions of the second paragraph of
(2) When the consent of one spouse to any Article 94.
transaction of the other is required by law,
judicial authorization shall be obtained in a (3) Whatever remains of the exclusive
summary proceeding; properties of the spouses shall thereafter be
delivered to each of them.
(3) In the absence of sufficient community
property, the separate property of both (4) The net remainder of the properties of the
spouses shall be solidarily liable for the support absolute community shall constitute its net
of the family. The spouse present shall, upon assets, which shall be divided equally between
proper petition in a summary proceeding, be husband and wife, unless a different
given judicial authority to administer or proportion or division was agreed upon in the

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marriage settlements, or unless there has been determined upon such proof as may be considered
a voluntary waiver of such share provided in according to the rules of evidence. In case of doubt
this Code. For purpose of computing the net as to which community the existing properties belong,
profits subject to forfeiture in accordance with the same shall be divided between the different
Articles 43, No. (2) and 63, No. (2), the said communities in proportion to the capital and duration
profits shall be the increase in value between of each. (189a)
the market value of the community property
at the time of the celebration of the marriage Valdes vs RTC
and the market value at the time of its
dissolution.
Marriage was declared null and void under Art
36, FC
(5) The presumptive legitimes of the common Are they governed by absolute community of
children shall be delivered upon partition, in property?
accordance with Article 51. SC: The property regime of the spouses where
their marriage is declared null and void ab
(6) Unless otherwise agreed upon by the initio regardless of cause is co-ownership.
parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is Conjugal Partnership of Gains
situated shall be adjudicated to the spouse
with whom the majority of the common Art. 106. Under the regime of conjugal partnership of
children choose to remain. Children below the gains, the husband and wife place in a common fund
age of seven years are deemed to have the proceeds, products, fruits and income from their
chosen the mother, unless the court has separate properties and those acquired by either or
decided otherwise. In case there in no such both spouses through their efforts or by chance, and,
majority, the court shall decide, taking into upon dissolution of the marriage or of the partnership,
consideration the best interests of said the net gains or benefits obtained by either or both
children. (n)
spouses shall be divided equally between them, unless
otherwise agreed in the marriage settlements. (142a)
Art. 103. Upon the termination of the marriage by
death, the community property shall be liquidated in Art. 107. The rules provided in Articles 88 and 89 shall
the same proceeding for the settlement of the estate also apply to conjugal partnership of gains. (n)
of the deceased.
Exclusive Property of Each Spouse
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community
property either judicially or extra-judicially within six Art. 109. The following shall be the exclusive property
months from the death of the deceased spouse. If of each spouse:
upon the lapse of the six months period, no liquidation
is made, any disposition or encumbrance involving the (1) That which is brought to the marriage as his
community property of the terminated marriage shall or her own;
be void.
(2) That which each acquires during the
Should the surviving spouse contract a subsequent marriage by gratuitous title;
marriage without compliance with the foregoing
requirements, a mandatory regime of complete (3) That which is acquired by right of
separation of property shall govern the property redemption, by barter or by exchange with
relations of the subsequent marriage. (n) property belonging to only one of the spouses;
and
Art. 104. Whenever the liquidation of the community
properties of two or more marriages contracted by (4) That which is purchased with exclusive
the same person before the effectivity of this Code is money of the wife or of the husband. (148a)
carried out simultaneously, the respective capital,
fruits and income of each community shall be Conjugal Partnership Property

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Art. 116. All property acquired during the marriage, (2) All debts and obligations contracted during
whether the acquisition appears to have been made, the marriage by the designated administrator-
contracted or registered in the name of one or both spouse for the benefit of the conjugal
spouses, is presumed to be conjugal unless the partnership of gains, or by both spouses or by
contrary is proved. (160a) one of them with the consent of the other;

Art. 117. The following are conjugal partnership (3) Debts and obligations contracted by either
properties: spouse without the consent of the other to the
extent that the family may have benefited;
(1) Those acquired by onerous title during the
marriage at the expense of the common fund, (4) All taxes, liens, charges, and expenses,
whether the acquisition be for the partnership, including major or minor repairs upon the
or for only one of the spouses; conjugal partnership property;

(2) Those obtained from the labor, industry, (5) All taxes and expenses for mere
work or profession of either or both of the preservation made during the marriage upon
spouses; the separate property of either spouse;

(3) The fruits, natural, industrial, or civil, due or (6) Expenses to enable either spouse to
received during the marriage from the commence or complete a professional,
common property, as well as the net fruits from vocational, or other activity for self-
the exclusive property of each spouse; improvement;

(4) The share of either spouse in the hidden (7) Antenuptial debts of either spouse insofar
treasure which the law awards to the finder or as they have redounded to the benefit of the
owner of the property where the treasure is family;
found;
(8) The value of what is donated or promised
(5) Those acquired through occupation such by both spouses in favor of their common
as fishing or hunting; legitimate children for the exclusive purpose of
commencing or completing a professional or
(6) Livestock existing upon the dissolution of vocational course or other activity for self-
the partnership in excess of the number of improvement; and
each kind brought to the marriage by either
spouse; and (9) Expenses of litigation between the spouses
unless the suit is found to groundless.
(7) Those which are acquired by chance, such
as winnings from gambling or betting. Administration of the Conjugal Partnership Property
However, losses therefrom shall be borne
exclusively by the loser-spouse. (153a, 154a, Art. 124. The administration and enjoyment of the
155, 159) conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's
Charges Upon and Obligations of the Conjugal decision shall prevail, subject to recourse to the court
Partnership by the wife for proper remedy, which must be availed
of within five years from the date of the contract
Art. 121. The conjugal partnership shall be liable for: implementing such decision.

(1) The support of the spouse, their common In the event that one spouse is incapacitated or
children, and the legitimate children of either otherwise unable to participate in the administration
spouse; however, the support of illegitimate of the conjugal properties, the other spouse may
children shall be governed by the provisions of assume sole powers of administration. These powers
this Code on Support; do not include disposition or encumbrance without

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authority of the court or the written consent of the the other spouse and use the fruits or proceeds
other spouse. In the absence of such authority or thereof to satisfy the latter's share. (178a)
consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a Art. 128. If a spouse without just cause abandons the
continuing offer on the part of the consenting spouse other or fails to comply with his or her obligation to the
and the third person, and may be perfected as a family, the aggrieved spouse may petition the court
binding contract upon the acceptance by the other for receivership, for judicial separation of property, or
spouse or authorization by the court before the offer is for authority to be the sole administrator of the
withdrawn by either or both offerors. (165a) conjugal partnership property, subject to such
precautionary conditions as the court may impose.
Art. 125. Neither spouse may donate any conjugal
partnership property without the consent of the other. The obligations to the family mentioned in the
However, either spouse may, without the consent of preceding paragraph refer to marital, parental or
the other, make moderate donations from the property relations.
conjugal partnership property for charity or on
occasions of family rejoicing or family distress. (174a)
A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
Dissolution of Conjugal Partnership Regime intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
Art. 126. The conjugal partnership terminates: failed within the same period to give any information
as to his or her whereabouts shall be prima facie
(1) Upon the death of either spouse; presumed to have no intention of returning to the
conjugal dwelling. (167a, 191a)
(2) When there is a decree of legal separation;
Liquidation of the Conjugal Partnership Assets and
Liabilities
(3) When the marriage is annulled or declared
void; or
Art. 129. Upon the dissolution of the conjugal
(4) In case of judicial separation of property partnership regime, the following procedure shall
apply:
during the marriage under Articles 134 to 138
(175a)
(1) An inventory shall be prepared, listing
Art. 127. The separation in fact between husband and separately all the properties of the conjugal
wife shall not affect the regime of conjugal partnership and the exclusive properties of
partnership, except that: each spouse.

(1) The spouse who leaves the conjugal home (2) Amounts advanced by the conjugal
or refuses to live therein, without just cause, partnership in payment of personal debts and
shall not have the right to be supported; obligations of either spouse shall be credited
to the conjugal partnership as an asset
thereof.
(2) When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a (3) Each spouse shall be reimbursed for the use
summary proceeding; 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
(3) In the absence of sufficient conjugal been vested by law in the conjugal
partnership property, the separate property of partnership.
both spouses shall be solidarily liable for the
support of the family. The spouse present shall,
upon petition in a summary proceeding, be (4) The debts and obligations of the conjugal
given judicial authority to administer or partnership shall be paid out of the conjugal
encumber any specific separate property of assets. In case of insufficiency of said assets,
the spouses shall be solidarily liable for the

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unpaid balance with their separate properties, involving the conjugal partnership property of the
in accordance with the provisions of terminated marriage shall be void.
paragraph (2) of Article 121.
Should the surviving spouse contract a subsequent
(5) Whatever remains of the exclusive marriage without compliance with the foregoing
properties of the spouses shall thereafter be requirements, a mandatory regime of complete
delivered to each of them. separation of property shall govern the property
relations of the subsequent marriage. (n)
(6) Unless the owner had been indemnified
from whatever source, the loss or deterioration Art. 131. Whenever the liquidation of the conjugal
of movables used for the benefit of the family, partnership properties of two or more marriages
belonging to either spouse, even due to contracted by the same person before the effectivity
fortuitous event, shall be paid to said spouse of this Code is carried out simultaneously, the
from the conjugal funds, if any. respective capital, fruits and income of each
partnership shall be determined upon such proof as
(7) The net remainder of the conjugal may be considered according to the rules of
partnership properties shall constitute the evidence. In case of doubt as to which partnership
profits, which shall be divided equally the existing properties belong, the same shall be
between husband and wife, unless a different divided between the different partnerships in
proportion or division was agreed upon in the proportion to the capital and duration of each. (189a)
marriage settlements or unless there has been
a voluntary waiver or forfeiture of such share Art. 132. The Rules of Court on the administration of
as provided in this Code. estates of deceased persons shall be observed in the
appraisal and sale of property of the conjugal
(8) The presumptive legitimes of the common partnership, and other matters which are not expressly
children shall be delivered upon the partition determined in this Chapter. (187a)
in accordance with Article 51.
Art. 133. From the common mass of property support
(9) In the partition of the properties, the shall be given to the surviving spouse and to the
conjugal dwelling and the lot on which it is children during the liquidation of the inventoried
situated shall, unless otherwise agreed upon property and until what belongs to them is delivered;
by the parties, be adjudicated to the spouse but from this shall be deducted that amount received
with whom the majority of the common for support which exceeds the fruits or rents pertaining
children choose to remain. Children below the to them. (188a)
age of seven years are deemed to have
chosen the mother, unless the court has When does conjugal partnership commence?
decided otherwise. In case there is no such
majority, the court shall decide, taking into From the moment the marriage of the spouses
consideration the best interests of said is celebrated.
children. (181a, 182a, 183a, 184a, 185a)
PNB vs Quintos
Art. 130. Upon the termination of the marriage by
death, the conjugal partnership property shall be The contention of the wife is not tenable.
liquidated in the same proceeding for the settlement SC: Not a question of whether or not the
of the estate of the deceased. obligation is joint or several, the fact that the
loan is incurred during the subsistence of the
If no judicial settlement proceeding is instituted, the marriage proves that it is conjugal.
surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-judicially No presumption of conjugality.
within six months from the death of the deceased
spouse. If upon the lapse of the six-month period no Metrobank vs Jose Tan et. al.
liquidation is made, any disposition or encumbrance

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SC: Married to is merely descriptive of the Nagpicture-picture muna before boarding the
civil status. It does not prove that the property plane case.
is acquired during the marriage. He filed for damages against the airlines.
Moreover, there is no need for consent. Who is entitled to the monetary award?
Property is acquired by the husband SC: They pertain to the conjugal partnership.
exclusively before the marriage. Acquisition is There is presumption that the money used to
different from registration. The title does not buy the ticket was part of the conjugal
prove when the property is acquired, it prove partnership funds.
only when it is registered. The wife must have
presented a deed of absolute sale. Mendoza vs Reyes
The wife is also liable. She benefitted from the
Julia Reyes married to Ponciano Reyes.
loan. (The debt must be charged from the
Since they were not in speaking terms, the
CPG)
husband went to Arayat.
What constitutes conjugal partnership? During the husbands absence, the wife sold
the properties to the Mendozas without his
PNB vs Court of Appeals consent.
What is the nature of the property in question?
Son and friends of son obtained a loan from SC: The properties are conjugal. It was
the PNB. acquired during the subsistence of the
The mother provided for the collateral security marriage of the spouses. Records show that
(third-party mortgage). the funds used to buy the properties came
Son and friends failed to pay the loan. Thus, from a loan obtained by the spouses.
the property was foreclosed. In view of the above, the sale is declared null
The heirs opposed the foreclosure, contending and void since the husband did not consent to
that the father did not give his consent to the same.
mortgage the property.
Issue: WON the property is paraphernal. Belcodero vs CA
SC: The property was acquired by Donanta
Montemayor when she was already a widow. Alayo Bosing left his spouse and children.
The presumption of conjugality only arises Subsequently, he had a common law wife
when the property is acquired during the Josefa.
subsistence of the marriage. The parties He purchased a parcel of land from
alleging the conjugality of the properties in Magdalena Estate, and indicated in his civil
question, however, in this case, no evidence status that he is married to Josefa.
was presented to prove such allegation. He married Josefa while his marriage with the
first wife is still subsisting.
Cuenca vs Cuenca Josefa executed an extrajudicial partition and
sale wherein her share and Alayo was
SC: The property is paraphernal in character. It conveyed to Josephine (their daughter).
was inherited by Maria, thus, it is gratuitous. SC: The property is conjugal in favor of the first
Properties acquired by gratuitous title are wife. Under Art 160, FC (presumption of
exclusive properties of each spouse (Art 109, conjugality), there must be severance of the
FC). The spouses retain the ownership, marital ties, otherwise, the presumption of
possession, administration and enjoyment of conjugality still prevails. The common law
their exclusive properties (Art 110, FC). spouse has no right over the property.
(Everything bought/purchased during the
Zulueta vs PAN AM

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subsistence of the first marriage is presumed to SC: Yes, the property was paraphernal
be conjugal in nature.) because there is no proof that the property
was acquired during the subsistence of the
Embrado vs CA marriage. Valid mortgage.
2nd isuue: WON the property can be liable?
Embrado acquired the parcel of land during
SC: Yes, because the proceeds of the loan
the subsistence of his marriage to Torregiani.
obtained by the wife redounded to the
She was given a Venta Definitiva, proof of
benefit of the family. It is proved that the
ownership. (Parang absolute deed of sale)
logging business is a source of income.
She sold the property to the adopted
daughter. The adopted daughter, together Laperal vs Katigbak (case of paramount importance
with her husband sold the property to Marcos )
siblings.
1st Issue: WON the property is paraphernal. SC: The property is paraphernal, even though
SC: The property is paraphernal. The the same was acquired during the subsistence
presumption of conjugality is overcome by the of the marriage because presumption as to
terms of the the Venta Definitiva which the conjugality of the property is disputable.
contains positive exertion of exclusive There are two kinds of presumption:
ownership which was duly supported by the o Disputable- can be proved otherwise
testimony of one of the sellers. o Conclusive- cannot be proven
However, under Art 158, CC, the construction otherwise
of improvements of the land converted the The following pieces of evidence were
nature of the property from paraphernal to introduced which led to the conclusion that
conjugal since the fund used for such the property is paraphernal:
improvements were taken from the conjugal o The husband cannot possibly
funds. contribute to the purchase of property
2nd Issue: WON the heirs can ask for the since he doesnt have the means. (Isa
nullification of the sale. syang dukha)
SC: Yes, since the property is conjugal, consent o It was a practice of the mother of the
is needed. If not given, the sale is void. The wife o purchase properties for the
adopted daughter has no right to sell the children.
property, ergo, it follows that the 3rd party o Acknowledgement by the husband
purchaser did not acquire any right over the that he has no interest in the property.
property.
Barciles vs GSIS
Improvements on CPG property:
SC: The presumption of conjugality arises.
Calimlim vs Fortun The payments for the premium was derived
from the conjugal partnership funds.
Same as in the ruling in Embrado.
Mariano Veloso vs. Lucia Martinez, personally and as
administratrix of the estate of Domingo Franco

Ong vs CA Facts:

The wife obtained a loan. She used the 1. Plaintiff commenced an action to recover of
property in question to secure the loan without the defendant the possession of a certain
the consent of the husband. parcel of land together with the sum of P125
1st issue: WON the property is paraphernal. per month.

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2. Defendant answered and filed a counterclaim o Paternity- status of person with respect to his
for services rendered by the deceased to the or her child
plaintiff and recovery of certain jewelry o Filiation relationship/status of a person with
alleged to be in the possession in the plaintiff. respect to his or her parents
3. The jewels in question before the possession of
the same was given to the plaintiff, belonged Two types of Filiation
to the defendant personally and that she had
1. Natural
inherited the same from her mother.
- Legitimate, Art 164, FC
4. Defendant Lucia is the widow of Domingo
- Illegitimate, Art 165, FC
Franco and after the death of her husband
- Legitimated, Arts 167-172, FC
she was appointed as the adminsitratrix.
2. Adoptive
5. A short time before the death of Domingo he
- Filiation is created through
borrowed from plaintiff money and gave as
adoption
security the jewelry.
- Governed by RA 8552
Issue: whether or not jewelry is conjugal property
Legitimate Children
Held: NO
Art. 164. Children conceived or born during the
6. It was contended that the jewelry was never marriage of the parents are legitimate.
delivered to Plaintiff. It was shown that the key
to the box where the jewelry was kept Children conceived as a result of artificial insemination
remained with the deceased. of the wife with the sperm of the husband or that of a
donor or both are likewise legitimate children of the
7. Defendant now denies that she knew that her
husband and his wife, provided, that both of them
husband had pawned her jewels or that she authorized or ratified such insemination in a written
promised to redeem the same by paying the instrument executed and signed by them before the
amount due. birth of the child. The instrument shall be recorded in
8. Record shows that the jewels were the sole the civil registry together with the birth certificate of
and separate property of the wife acquired the child. (55a, 258a)
from her mother. It is part of her paraphernal
property. As such she exercised dominion over Artificial Insemination (Art 164, para 2)
the same.
May be the sperm of husband (homologous)
9. She had the exclusive control and
Third-party donor (heterologous)
management of the same, until and unless she
Husband and third-party donor (combined or
had delivered it to her husband, before a
confused)
notary public, with the intent that the husband
might administer it properly. (Article 1384, Civil
Code.) There is no proof in the record that she Formal Requisites of Artificial Insemination (Art 164,
para 2)
had ever delivered the same to her husband,
in any manner, or for any purpose.
Written instrument signed by the parties
*Plata vs Yatco to Spouses de Mesa vs Spouses Acero Instrument shall be recorded before the civil
(Digests) registry together with the birth certificate of
the child
Paternity and Filiation
Artificial insemination not the same as in vitro
Paternity vis--vis Filiation

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In in vitro, the ovum of another woman is used. (1) A child born before one hundred eighty
Hence, not covered by the provisions on days after the solemnization of the subsequent
artificial insemination. marriage is considered to have been
conceived during the former marriage,
Surrogacy is also not covered by our laws.
provided it be born within three hundred days
after the termination of the former marriage;
Ground for impugning the legitimacy of the child (Art
166, FC)
(2) A child born after one hundred eighty days
*Shortcut nalang to, you can read the whole following the celebration of the subsequent
marriage is considered to have been
provision.
conceived during such marriage, even though
it be born within the three hundred days after
1. Physical impossibility for the husband to have the termination of the former marriage. (259a)
sexual intercourse with his wife within the first
120 days of the 300 days which immediately Art. 170. The action to impugn the legitimacy of the
preceded the birth of the child because of: child shall be brought within one year from the
knowledge of the birth or its recording in the civil
a. Impotency register, if the husband or, in a proper case, any of his
b. If the spouses are living separately heirs, should reside in the city or municipality where the
c. Serious illness birth took place or was recorded.

2. Biological or scientific ground If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first
- Blood-grouping tests paragraph or where it was recorded, the period shall
- HLA test 98% probability be two years if they should reside in the Philippines;
- DNA 99% probability and three years if abroad. If the birth of the child has
- Vasectomy not 100% accurate been concealed from or was unknown to the
husband or his heirs, the period shall be counted from
3. Vitiation of consent (only the husband can the discovery or knowledge of the birth of the child or
impugn the legitimacy of the child) of the fact of registration of said birth, whichever is
earlier. (263a)
Art 167 . The child shall be considered
legitimate although the mother may have Art. 171. The heirs of the husband may impugn the
declared against its legitimacy or may have filiation of the child within the period prescribed in the
been sentenced as an adulteress. preceding article only in the following cases:

- The mother cannot impugn the (1) If the husband should died before the
legitimacy of her own child, only the expiration of the period fixed for bringing his
husband. action;
- If the child is born and conceived
during the marriage, the presumption (2) If he should die after the filing of the
of legitimacy subsists (on the part of complaint without having desisted therefrom;
the wife) or
- And for obvious reasons, alam ng
nanay kung lumabas sa kanya yung (3) If the child was born after the death of the
bata. husband. (262a)

Art. 168. If the marriage is terminated and the mother Art. 172. The filiation of legitimate children is
contracted another marriage within three hundred established by any of the following:
days after such termination of the former marriage,
these rules shall govern in the absence of proof to the (1) The record of birth appearing in the civil
contrary: register or a final judgment; or

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(2) An admission of legitimate filiation in a Belan Sagad Angeles vs Apeli Corazon

public document or a private handwritten
instrument and signed by the parent Aleli is alleging that she is the daughter of
concerned. Francisco Angeles and Genoveva Mercado.
She filed a petition for letters of administration
In the absence of the foregoing evidence, the and her appointment as administratrix of the
legitimate filiation shall be proved by: intestate estate of Francisco Angeles.
However, Belen opposed the said petition.
(1) The open and continuous possession of the Aleli introduced birth certificate and four (4)
status of a legitimate child; or other witnesses.
Obiter: Weakest form of evidence is
testimonial evidence. Dapat meron laging
(2) Any other means allowed by the Rules of
Court and special laws. (265a, 266a, 267a) supporting document.
SC: Under the law, birth certificate is
conclusive, however, in this case, the father
Art. 173. The action to claim legitimacy may be does not have his signature on the birth
brought by the child during his or her lifetime and shall certificate.
be transmitted to the heirs should the child die during Aleli failed to provide sufficient evidence that
minority or in a state of insanity. In these cases, the her parents were married to each other.
heirs shall have a period of five years within which to Hence, the presumption of legitimacy cannot
institute the action. arise. Marriage of the putative parents is a
condition sine qua non.
Art. 174. Legitimate children shall have the right:
Ida Labagala vs Nicolasa Santiago
(1) To bear the surnames of the father and the
mother, in conformity with the provisions of the Ida is claiming to be the daughter of Jose
Civil Code on Surnames;
Santiago.
The respondents are Joses sisters.
(2) To receive support from their parents, their The property in question is owned by the
ascendants, and in proper cases, their Santiago siblings.
brothers and sisters, in conformity with the They are contending that Ida is not even a
provisions of this Code on Support; and legitimate daughter of Jose.
SC: Ida is not a legitimate daughter.
(3) To be entitled to the legitimate and other Baptismal certificate is not enough to
successional rights granted to them by the prove filiation. It only proves administration
Civil Code. (264a) of sacrament. Income tax return (ITR) is
also not enough. The sisters even
Babiera vs Catotal introduced the birth certificate of Ida
herself, showing that she is the daughter of
a certain Labagala, not of Jose.
Teofista Catotal is claiming that she is the sister
of Presentacion.
Presentacion filed for a cancelltion of Benitez-Badua vs CA
certificate of live birth on the groud that
Teofista is spurious. Marissa is claiming to be the legitimate
Teofista contends that Presentacion lacks daughter of Vicente Benitez and Isabel
standing and she is already barred by Chipongian.
prescription. The sisters and nephew of Vicente opposed
1st issue : WON Presentacion has legal the same.
standing. SC: Marissa is not a legitimate daughter. The
SC: Yes. Art 171 is not applicable in this case birth certificate she presented is questionable
since this is an action to impugn legitimacy and suspicious, no place of birth or hospital
not filiation. She wants Teofista to declared was stated. It only says that she was born in
spurious. She is an interested party. the house.

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Moreover, it is a common practice in the The petitioners, the wife & the legit child of
Philippines to take care of the child and Artemio are questioning the filiation of
register the same without undergoing Merceditas.
adoption. SC: Merceditas is a daughter of Artemio. Her
There was also a document written by Isabel claim of open and continuous possession of
which says: Even without legal papers, I wish the status of a legitimate child is shown in the
for her to inherit. following manner:
Atty. Canlas: If she is a legitimate/legitimated
daughter, Isabel need not write that. - She is taken out by Artmeio (public
knowledge)
Fernandez vs CA - She was consistently given (monetary)
support.
An action for recognition and support was - He signs her support card.
filed by Violeta in favor of her two children. - There were letters written by Artemio
She presented the following pieces of explaining by he cannot visit her, or
evidence: why the money he sent is of that
amount.
- Certificate of live birth
- Baptismal certificate Even though the birth certificate was not
- Witnesses signed, the Court still deemed it to have
- A priest claiming that Carlito is present probative value because the information in
in the baptismal ceremony the birth certificate is personally supplied by
- Pictures during the ceremony Artemio. There was an info sheet attached to
the BC which was signed by Artemio. (You can
SC: The birth certificate presented is go beyond the certificate of live birth if there
are other collateral pieces of evidence.)
inadmissible in this case since there is no
signature/ acknowldgement on the part of
Carlito. The mere existence of the name of Alberto vs CA
Carlito on the birth certificate is not conclusive.
Maria Teresa Alberto (MTA) was born out of
People vs Tumimpad wedlock. She is a daughter Congressman
Alberto.
Rape case MTA wants to establish her filiation with
Tumimpad and one other raped a 15-year-old Congressman.
girl with mental illness. They are the security Basis of her petition: open and continuous
staff of the girls father. possession of the status of a legitimate child.
Tumimpad appealed his conviction, The following were the pieces of evidence
that she introduced:
contending that the RTC merely based their
decision on the result of the blood grouping
test (BGT). - Support from the time that she was
SC: The conviction of Tumimpad is not based born
on the BGT alone. BGT is not conclusive with - Publicly acknowledged
respect to paternity but it is conclusive as to - Fr. Arcilla, the cousin of Alberto, asked
non-paternity. If the child and the alleged the guard to let MTA inside the wake.
father is of the same type, that is merely a
possibility (not sufficient to establish paternity). SC: Under the Civil Code (old) MTA is an
illegitimate natural child of Congressman
Ilano vs CA Alberto since she was born out of wedlock
with no legal impediment.
The client had a relationship with the secretary
of the law office. Proof of Filiation

Herrera vs Alba

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Is the result of a DNA Test acceptable That is an enough evidence to prove

evidence to prove paternity? recognition.
SC: Yes, if the result has 99.9% probability.
However, it is still a refutable/disputable Mendoza vs IAC
presumption. Less than 99.9% probability, the
result is only corroborative.
SC: The certificate of live birth, in this case, was
How to question the 99.9% probability? Use
not enough to prove filiation because the
Vallejo test:
mother did not sign it. The alleged mother
never recognized Agbuya hence she is not
a. how the samples were collected, entitled to inherit from the former.
b. how they were handled,
c. the possibility of contamination of the Final Judgment
samples,
d. the procedure followed in analyzing the Ramos vs Ramos
samples,
e. whether the proper standards and There is a project of partition between the
procedures were followed in conducting recognized legitimate children and natural
the tests, children.
Issue: WON there is a final judgment to
f. and the qualification of the analyst who
establish the status of the natural children
conducted the tests.
SC: Yes. The project of partition which is
agreed upon by the legitimate children and
Reyes vs CA natural children is already approved by the
court. That constitutes a final judgment.
Irene introduced the following pieces of
evidence: Admission in a Signed Document

- Birth certificate Lim vs CA

- Baptismal certificate
- School record
There is a marriage contract presented to
- Marriage contract with consent from
prove filiation.How? Susana, the alleged
the putative parent but with no
mother, consented to the marriage of the
signature
daughter.
Is that the public document contemplated by
When is birth certificate sufficient to prove law?
Irenes filiation to Francisco? SC: No. The public document contemplated
SC: When the birth certificate identifies the the by law must be notarized.
father and signed by him. Otherwise, not Obiter: Characteristics of recognition:
sufficient proof.
- Prcised
Castro vs CA - Express
- Solemn
Benita claims that she is the illegitimate child of
Justacio. Signed and Handwritten Private Instrument
The heirs of Justacio filed for partition of
property.
Baas vs Baas
Issue: WON Benita is an acknowledged
illegitimate natural child of Justacio.
SC: Yes. Benita is an illegitimate natural child of Raymundo claims to be the child of Viviano.
Justacio even though the latter did not sign He introduced a signed and handwritten
the BC since the information sheet needed to private instrument. A note found in his
complete the BC is prepared by Justacio and apparador (closet) wherein Viviano signed it
the same was attached to the birth certificate. with Su Padre (Your Father)

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Issue: WON the note is sufficient to establish

filiation.
SC: No. There was no evidence introduced
that the note was actually written by Viviano.
There is doubt as to who actually wrote the
note.

Open and Continuous Possession of Status

In re Christensen

Christensen has two daughter: Mary Lucy and

Mary Helen. He executed a will stating that
Mary Lucy is his only daughter.
Of course, Helen opposed, alleging she is also
an acknowledged daughter of Christensen.
She based her claim on Art 172, para 2 (1), FC:
open and continuous possession of the status
of a legitimate child.
SC: The Court took note of the fact that Mary
Helen has always been recognized until Helen
sided with her mother, and Helen married a
hampas lupa. :/
Thus, Mary Helen is a recognized daughter.

Mendoza vs CA

Defines open and continuous possession

(OCP) of the status of a legitimate child
The petitioner was not able to present other
evidence other than her claim of OCP.
SC: When do you consider a child
acknowledged/recognized through OCP?

- The father has always treated the

child as his own.
- Permanent intention. Clear and
continuous manifestation

The petitioner failed to satisfy the above.

18 M. N. Marcelo, AUF-School of Law