San Beda College of Law - law iq

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1. Live together
. Act of living together is a voluntary act of the spouses which cannot
be compelled by any proceeding in court.
2. Observe mutual love, respect and fidelity
3. Render mutual help & support
4. Fix the family domicile
5. Joint responsibility for the support of the family
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their separate
properties
c. In the absence or insufficiency thereof, from their separate
properties
6. Joint management of the household

Exercise of Profession
General Rule: Both can engage in any lawful enterprise or profession
WITHOUT the consent of the other.

Exception: The other spouse may object only on valid, serious and moral
grounds.

In case of disagreement, court shall decide whether or not the objection is
proper and the benefit accrued to the family prior to the objection or
thereafter.

Rule if Business Benefited Family
1. Benefit accrued to family before objection - absolute community of
property or conjugal partnership is liable for damages/obligations
incurred


Exception: Separate property of erring spouse shall be liable if
profession is seriously invalid and immoral, in which case even if
benefits actually accrued in favor of the family


Exception to exception: When spouse has knowledge of other spouse's
engagement in an immoral activity, it is as if there was actually no
disagreement.


2. Benefit accrued after objection - separate property of spouse who did
not secure consent of other shall be solely liable (Albano, Ed Vincent
S., Persons and Family Relations, Third Edition, 2006)


After objection by the innocent spouse, any obligation incurred by the
erring spouse which redounded to the benefit of the family shall be borne
by the absolute community of property or conjugal property (Sta Maria,
Melencio Jr. S., Persons and Family Relations Law, Fourth Edition, 2004)


3. Creditors who acted in good faith are protected - if spouse transacted
with creditor without the consent of the other but creditor had no
knowledge thereof, the absolute community of property or conjugal
partnership shall be liable.

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Governed By:
1. Marriage settlements executed before the marriage or ante nuptial
agreements
2. Provisions of the Family Code
3. Local customs when spouses repudiate absolute community
. When parties stipulate in their MS that local custom shall apply or
that ACP regime shall not govern but fail to stipulate what property
regime will be applied
4. In the absence of local custom, rules on co-ownership will apply (Art.
74)

Commencement
It commences at the precise moment of the celebration of the marriage.
(Art. 88 for ACP and 107 for CPG)

Marriage Settlement (MS)
It is a contract entered into by the future spouses fixing the matrimonial
property regime that should govern during the existence of the marriage.

In the absence of MS or when regime agreed upon is void, ACP shall govern.
(Art. 75)

Requisites: (BF-WASP)
1. Made before celebration of marriage
2. In writing (even modifications)
. Oral MS is void and cannot be ratified by any claim of partial
execution or absence of objection


Exception: If marriage is terminated by death of one of spouses and
surviving spouse marries again without initiating settlement of
properties of previous marriage within 1 year from death of deceased
spouse, mandatory regime of complete separation of property shall
govern property relations of subsequent marriage (Arts. 103 and 130)
3. Signed by the parties
4. Will not prejudice third persons unless registered in the civil registry
5. Shall fix terms and conditions of their property relations
6. Additional signatories/ parties
a. 18 - 21: parents or those required to give consent must be made
parties to the MS, otherwise it shall be void
b. Civil interdictees & disabled: It is indispensable for the guardian
appointed by court to be made a party to the MS.


Note: It is argued by some law practitioners and authors that while no
person below 18 can enter into a valid marriage and since the MS is
required to be executed before the marriage, one below 18 may execute a MS
as long as he or she is 18 or above at the time of marriage.

Efficacy of marriage settlement (Art. 81)
General Rule: The Consideration of a MS is the marriage itself. If the
marriage does not take place, the MS is generally void.

Exception: Stipulations in the MS that do not depend upon the celebration
of the marriage shall be valid

General Rule: Property relations shall be governed by Philippine laws,
regardless of the place of the celebration of the marriage or the parties'
residence (Art. 80).

Exceptions:
1. If both spouses are aliens, even if married in the Philippines
2. As to extrinsic validity of contracts affecting property:
a. Not situated and executed in the Philippines
b. Executed in the Philippines but situated in the foreign country whose
laws require different formalities for extrinsic validity
3. Contrary stipulation

Modification in Marriage Settlements
General Rule: Must be made before the marriage, in writing, signed by
parties

Exceptions: Can be made after the ceremony in case of judicial separation
of property during the marriage:
1. In case of revival of former property regime between reconciling spouses
after decree of legal separation has been issued (Art. 66, 67)
2. Abandonment or failure to comply with marital obligations (Art. 128)
3. Filing a voluntary and verified petition in court to modify property
regime into separate community of property regime pursuant to grounds
provided in Art. 135

Donation by Reason of Marriage
Donations Propter Nuptias (DPN) are made by one spouse in favor of the
other or by a stranger. It is without onerous consideration, the marriage
being merely the occasion or motive for the donation, not its causa. Being
liberalities, they remain subject to reduction for inofficiousness upon the
donor's death, should they infringe the legitime of a forced heir (Mateo
vs. Lagua, No. L-26270, October 30, 1969).

Requisites: (COB)
1. Made before celebration of marriage
2. In consideration of marriage
3. In favor of one or both of the future spouses
. Additionally, in case of donation on one of the would be spouses:
(MOAC)
a. There must be a valid MS stipulating a property regime other than
ACP
b. Donation in MS not more than one-fifth (1/5) of present property
. Limitation does not apply if DPN is not included in MS but
contained in separate deed; general rules on donation apply subject
to limitation that no person may give/ receive by way of donation
more than he may give/receive by will
c. Accepted by would be spouse
d. Complies with requisites in Title II of Book II of Civil Code on
Donations

Note: For donation of present property to be valid, the rules governing
ordinary donations under Title III of Book III of the Civil Code must be
observed.

Please refer to Property on requisites for valid donations.

DPN of Future Property
DPN of future property is allowed by way of exception to Art. 751 of NCC
which provides that donations cannot comprehend future property. It is
governed by law on testamentary succession both as to intrinsic and
extrinsic validity. But said DPN cannot be revoked at the will of the donor
but only on the basis of Art. 86 of the FC.

DPN of Encumbered Property
The donation is valid because the donor is still the owner, even if it is
encumbered. If mortgage is foreclosed and sold at a lesser price, donee is
not liable for deficiency but if sold for more, donee is entitled to excess
(Art. 85).

Donations Propter Nuptias and Ordinary Donations
|DONATIONS |ORDINARY |
|PROPTER NUPTIAS |DONATIONS |
|Formalities |
|Governed by the |Governed by |
|rules on |rules on |
|ordinary |donations (Arts.|
|donations except|725-773, NCC) |
|that if future | |
|property is | |
|donated, it must| |
|conform with | |
|formalities of | |
|wills | |
|Present Property |
|May be donated |No limit except |
|but only up to |that donor shall|
|1/5 of donor's |leave property |
|present property|enough for his |
|if the spouses |support |
|agree on a | |
|regime other | |
|than absolute | |
|community | |
|Future property |
|May be included |Cannot be |
|provided |included |
|donation is | |
|mortis causa | |
|Grounds for revocation |
|Art. 86, FC |Arts. 760, 764, |
| |& 765, NCC |

Rule on Donation between Spouses during Marriage
General Rule: VOID, either direct or indirect donation
Rationale:
1. To protect unsecured creditors from being defrauded;
2. To prevent stronger spouse from imposing upon the weaker one the
transfer of the latter's property to the former;
3. To prevent indirect modification of the marriage settlement.

Exceptions:
1. Moderate gifts on occasions of family celebrations
2. Donations mortis causa

Note: This rule also applies to persons living together as husband and wife
without a valid marriage (Art.87).

The prohibition does not include a spouse being the beneficiary of an
insurance contract over the life of the other spouse. (Ge