Defective Marriages

VOID
Grounds

Prescriptive
Period

1. Art. 35
a. Below 18 years
b. Solemnized by a person without
authority
c. No marriage license
d. Bigamous/Polygamous
e. Mistake in Identity
f. Void under Art. 53
7. Art. 36: Psychological Incapacity
8. Art. 37: Incestuous
9. Art. 38: Against Public Policy
10. Art. 44: Both parties are in bad faith
in the subsequent valid bigamous
marriage
11. Art. 53: Failure to comply with the
requirements of Art. 52, regarding
recording in the proper civil registry

VOID (ART. 40)

VOIDABLE/ANNULLABLE

TERMINATED

LEGAL SEPARATION

Art. 40: Contracting

of a subsequent
marriage without first
obtaining a judicial
declaration of nullity
for the previous void
marriage

Art. 45:
1. Marriage was contracted by party aged
18-21
2. Insanity (unsound mind
3. Fraud (Art. 46)
a. Non-disclosure of a previous
conviction by final judgment of a crime
involving moral turpitude
b. Concealment by the wife of the fact
that at the time of marriage by a man
other than her husband (with bad faith)
c. Concealment of sexually transmissible
disease, regardless of its nature
d. Concealment of drug addiction,
habitual alcoholism or homosexuality/
lesbianism
4. Vitiated consent (force, intimidation, or
undue influence
5. Physical incapacity to consummate
marriage
6. Either party was afflicted with a sexually
transmissible disease that is serious or
incurable

Art. 42:
Subsequent valid
bigamous marriage
under Art. 41 shall be
terminated
automatically upon
the recording of the
affidavit of
reappearance of the
absent spouse

Art. 55:
1. Repeated physical violence or grossly
abuse of conduct
2. Physical violence or moral pressure to
compel petitioner to change religious/
political affiliation
3. Attempt to corrupt or connivance in
corruption to engage in prostitution
4. Final judgment sentence of more than
6 years, even if pardoned
5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Contracting a subsequent bigamous
marriage
8. Sexual infidelity or perversion
9. Attempt against the life of the
petitioner
10. Abandonment for more than 1 year,
without justifiable cause

Art. 47:
1. No parental consent
If suit will be filed by parents/
guardians, anytime the no-consent
party reaches the age of 21
If suit will be filed by no-consent party,
within 5 years after attaining 21
2. Insanity
If suit filed by Sane spouse provided
he had no knowledge of the insanity
during time of marraige or relatives/
guardian, at any time before death of
either party
If by insane spouse, during his lucid
interval or after regaining sanity
3. Fraud
By the injured party, within 5 years
after the discovery of the fraud
4. Vitiated consent
By the injured party, within 5 years
from the time the force, intimidation, or
undue influence disappeared/ceased
5. Physical incapacity to consummate
marriage/Incurable STD
By the injured party, within 5 years
after the marriage ceremony

Art. 42: Terminated

upon the
reappearance of the
subsequent spouse

Art. 57: Within 5 years from the time of

the occurrence of the cause

Act. 39: Action or defense for the declaration of absolute nullity

does not prescribe
SC Res. No. 02-11-10: Took effect on March 15, 2003, provides
that for marriages celebrated during the effectivity of the Family
Code, only the spouses may file an action for nullity, thus it is
prescriptible within the lifetime of the parties

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Persons and Family Relations

VOID
Direct Attack

VOID (ART. 40)

TERMINATED

LEGAL SEPARATION

Art. 47: (see enumeration in prescriptive

period above.)

Art. 42: Any

interested party
may file the affidavit
of reappearance but
he should have a
direct interest in the
former or subsequent
marriage

Only the innocent party can file a case

for legal separation (Inferred from Art. 55)

Allowed, any party of real interest can collaterally attack where

determination of validity of marriage is necessary to give rise to
certain rights or to negate certain rights

Not allowed, such marriage can only be

attacked by a direct suit since in spite of its
annulment, it is deemed valid until annulled.

N/A

N/A

Void marriages cannot be ratified

Art. 45:
1. No-consent of party 18-21 years
No-consent party may ratify after
upon reaching the age of 21 by free
cohabitation
2. Insanity
Can only be ratified by the insane
spouse upon after coming to reason
by free cohabitation
3. Fraud
Upon knowledge/discovery of the
injured spouse of the fraud, can be
ratified by free cohabitation

N/A

N/A

SC Res. No. 02-11-10: Took effect on March 15, 2003, provides

that for marriages celebrated during the effectivity of the Family
Code, only the spouses may file an action for nullity.

VOIDABLE/ANNULLABLE

When is Direct Attack needed/Judicial declaration of nullity

needed:
1. Art. 40: For purposes of remarriage

2. Art. 43/50: For purposes to consider the donation propter

nuptias void by operation of law

3. Art. 86: For the donor to revoke the donation propter nuptias.

Not necessary but allowed:

Ninal vs Bayadog (2002): For other purposes such as
determination of heirship, legitimacy, or illegitimacy of the child,
settlement of the estate, etc. The clause in Art. 40 connotes that
such final judgment need not be obtained only for purpose of
remarriage

When is Direct attack needed/Judicial declaration of nullity

needed

4. Art. 40: For purposes of remarriage

5. Art. 43/50: For purposes to consider the donation propter

nuptias void by operation of law

6. Art. 86: For the donor to revoke the donation propter nuptias.

Not necessary but allowed:

Ninal vs Bayadog (2002): For other purposes such as

determination of heirship, legitimacy, or illegitimacy of the child,
settlement of the estate, etc. The clause in Art. 40 connotes that
such fianl judgment need not be obtained only for purpose of
remarriage
Collateral
Attack

Ratification

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Persons and Family Relations

VOID

VOID (ART. 40)

VOIDABLE/ANNULLABLE

TERMINATED

LEGAL SEPARATION

4. Vitiated consent
Upon disappearance of the force,
intimidation, or undue influence, can
be ratified by the injured spouse by
free cohabitation
5. Physical incapacity to consummate/
Incurable STD
Cannot be ratified by the parties,
ratified only once it passes the
prescriptive period for annulment
Status of
Marriage

Void ab initio

Valid until annulled

Valid until terminated

extra-judicially

No dissolution of marriage, only bed and

board separation

Status of
Children

Illegitimate, except in cases of void under Art. 36 and 53.

Art. 54: Legitimate provided they are

conceived/born prior to the final and executory
judgment of annulment

Art. 43: Legitimate if

conceived or born
prior to termination

Legitimate

Art. 54: Children born under void marriages Art. 36 and 53 are
legitimate provided they are conceived/born before the final and
executory judicial declaration of nullity
Dissolution,
Liquidation,
and
Distribution of
Property

Art. 147 and 148 will govern

Art. 147: 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
favour of their common children.
In case of default or waiver by an or
all of the common children or their
descendants, each vacant share
shall belong to the respective
surviving descendants. In the
absence of such descendants, such
share shall belong to the innocent
party.In all cases, the forfeiture shall
take place upon termination of the
cohabitation.

Art. 148: 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 party 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 Art.
147. The foregoing rules on forfeiture
shall likewise apply even if both
parties are in bad faith.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 43/50: Dissolved and liquidated with the respective property regime, as the case may be.
Share spouse who was in bad faith in contracting the marriage in the net profits of the
community/conjugal property shall be forfeited in this order:
1. Common children
2. Legitimate children of the guilty spouse by a previous marriage
3. Innocent spouse
Art. 102: Procedure to apply for dissolution of ACP
For purposes of computing the net profits subject to forfeiture in accordance with Art. 43
and 63, the said profits shall be the increase in value between the market value of the
community property at the time of the celebration of marriage and the market value at the
time of its dissolution.

Art. 63: Dissolved and liquidated but the

offending spouse has no right to any
share of the net profit earned by the
community/conjugal properties which will
forfeited in accordance of Art. 43.
Art. 102: Procedure to apply for
dissolution of ACP
For purposes of computing the net
profits subject to forfeiture in
accordance with Art. 43 and 63, the
said profits shall be the increase in
value between the market value of the
community property at the time of the
celebration of marriage and the
market value at the time of its
dissolution.

Persons and Family Relations

VOID
Donations
Propter Nuptias

VOID (ART. 40)

VOIDABLE/ANNULLABLE

TERMINATED

Art. 81: Donations made in the marriage

settlement shall be void if the marriage
does not take place.

Art. 43/50: Donations propter nuptias shall remain valid, except that if the donee contracted the
marriage in bad faith, such donations made to said donee shall be revoked by operation of
law

Art. 86: Donation propter nuptias may be

revoked by the donor if marriage is
judicially declared void ab initio (Direct
attack/ judicial declaration of nullity
required). Revocation should be made
within 5 years from the moment the
marriage is not solemnized on a fixed
date.

Art. 44/50: If both parties are in bad faith, all donations propter nuptias, shall be revoked by
operation of law
Art. 86: Donations propter nuptias may be revoked by the donor if the marriage is
annulled and the done acted in bad faith (Art. 43 or 86 may apply)

LEGAL SEPARATION
Art. 64/86: Innocent donor spouse may
revoke the donations made in favor of
offending spouse, who is the donee,
within 5 years from the time the decree of
legal separation has become final Such
revocation shall be recorded in the
registries of property where the properties
are located
Art. 739: Donations between
persons who are guilty of
adultery or concubinage at the
time of donation shall be void.

Art. 1149 of the Civil Code provides that

where no period are fixed,all actions
must be brought within 5 years from the
time the right of action accrues.
Art. 44: If void under Art. 44, where both
parties are in bad faith in contracting the
subsequent marriage by virtue of the
declaration of presumptive death,
donations propter nuptias shall be void
and revoked by operation of law.
Designation as
the beneficiary
in an insurance
policy

Succession

Art. 43/50: Innocent spouse may revoke the designation of the bad faith spouse as a
beneficiary in any insurance policy, even if such designation is stipulated as irrevocable.

Art. 64: Innocent spouse may revoke the

designation of the offending spouse as a
beneficiary in an insurance policy, even if
stipulated as irrevocable. The revocation
shall take effect upon written notification
to the insured (Should be insurer)

Art. 43/50: Spouse who contracted the marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate succession.

Art. 63: Offending spouse is disqualified

from inheriting by intestate
succession, testamentary provisions
made to him will also be revoked by
operation of law

Art. 44/50: If both spouses acted in bad faith, testamentary dispositions made by one in
favor of the other are revoked by operation of law
Delivery of the
childrens
presumptive
legitime

Not required for declaring the marriage

void )to be in the judgment of nullity), but
required for purposes of remarriage (Art.
52 and 53)

Art. 50: Final judgment of nullity/annulment shall provide for the

delivery of the childrens presumptive legitimes unless such matters
have been adjudicated in previous judicial proceedings

Not required

Custody of
Children

Illegitimate children: Mother since father

has no parental authority over illegitimate
child.

Art. 50: Written agreement by spouses, in the absence of which, the

court will decide in this order of preference:
1. Joint custody
2. Either parent, in consideration of paramount interest of child
3. Surviving grandparent
4. Eldest brother/sister over 21 years
5. Any other person deemed suitable
Note: Father has no parental authority over illegitimate child

Art. 43: Determined

by the Court

Legitimate children under Art. 36 and 53:

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 63: Custody of the minor children

shall be awarded to the innocent spouse

Persons and Family Relations

Property Regimes
ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

Relevant
Information

Will govern if: here was no marriage

settlement or such settlement is void

Clarence Tiu, Ateneo Law 1-B, Batch 2017

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

Will govern if:

1. Stipulated in the marriage settlement
2. Marriages without a marriage settlement
prior to the family code

Can only govern if:

1. Stipulated in the
Marriage
Settlement
2. Judicial Order
3. If one of the
contracting
parties was had
a former
marriage
terminated by
death and he
failed to liquidate
the properties of
such previous
marriage.

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

When a man and a woman

who are:
1. Capacitated to marry
each other
2. Live exclusively with
each other as husband
and wife
3. Without the benefit of a
valid marriage or under
a void marriage
Marriages that fall under
Art. 147:
1. Man and woman living
exclusively as husband
and wife and are
capacitated to marry
each other but did not
contract marriage
2. Void under:
a. Art. 35 (2)Solemnized by
person not
authorized
b. Art. 35 (3)Solemnized without
a marriage license
c. Art. 35 (5)- Mistake
in Identity
d. Void under Art. 36,
Psychological
Incapacity
e. Void under Art. 44,
Both parties are in
bad faith in
contracting the
subsequent valid
bigamous marriage
under Art. 41
f.
Void under Art. 53,
Failure to comply
with Art. 52

Marriages that fall under Art.

148
1. Man and woman living
together as husband and
wife, without the benefit
of marriage, but are not
capacitated to marry
each other
2. Adulterous relationship
even it occurred prior to
the effectivity of the
Family Code (Atienza vs
De Castro)
3. Void under:
a. Art. 35 (1)- Under 18
years
b. Art. 35(4)Bigamous/
Polygamous
c. Void under Art. 37,
Incestuous
d. Void under Art. 38,
Against public policy

Persons and Family Relations

Composition
(Inclusions)

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

Art. 91: Consists of all the property owned

by the spouses at the time of celebration
of the marriage or acquired thereafter
Unless provided in this chapter or in the
marriage settlements
Properties acquired through
separate properties form part of the
community property since such are not
classified as excluded under Art. 91 and
92.

Art. 106: Proceeds, products, fruits, and income

from their separate properties and those
acquired by either or both through their efforts
or by chance.

Art. 144: Property

not agreed upon as
separate shall
pertain to the
absolute community.

Art. 95: Winnings from games of chance

Art. 93: Property acquired during the
marriage will always be presumed to be
community property unless it is proved that
it is one of those excluded therefrom

Art. 115: Retirement benefits, pensions, and

annuities if the spouse is entitled to is as a
matter of right.
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.
Art. 117: The following are considered conjugal
partnership properties
a. Those acquired by onerous title during the
marriage at the expense of the common
fund
b. Obtained from the labor, industry, work, or
profession and occupation such as fishing
or hunting
c. 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.
d. 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
e. Livestock existing upon the dissolution of
the partnership in excess of the number of
each kind brought to the marriage by either
spouse
f.
Those acquired by chance, such as
winnings from gambling or betting.
Art. 118: Property bought before the marriage
on installments paid partly from exclusive funds
and partly from conjugal funds if full ownership
vested during the marriage (subject to the
proper reimbursements upon liquidation.)
Art. 119: Interests on the principal collected
during the marriage from an amount or credit
payable to one of the spouses

Clarence Tiu, Ateneo Law 1-B, Batch 2017

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Art. 147: Structure of

property relationship:
Special type of coownership
1. Their wages and
salaries shall be
owned them in equal
shares
2. Property 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.

Only upon the

absence of proof will
the presumption
arise

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 it the
former's efforts
consisted in the care
and maintenance of
the family and of the
household
3. 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.

However, either

Art. 148: Structure of

property regime: Limited
co-ownership
1. 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 contribution
2. The respective shares
of the parties over the
properties owned in
common are presumed
to be equal. However,
proofs may be shown
to show that their
contribution and
respective shares are
not equal. Without
proof of actual
contribution by both
parties, there can be no
presumption of coownership and equal
sharing. (Villanueva vs
CA)

Proof of contribution
necessary, no
presumption of joint
contribution.

Presumption arises
only if contribution is
proven but the actual
contribution by each
respective party
cannot be proven, in
which case the
presumption is that
they contributed
equally.

The rule and

presumption
mentioned above
shall apply to joint
deposits of money

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

payable to one of the spouses

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)
cohabitation.
However, either
spouse may alienate
in favour of the other
his or her share in
the property coowned.

But no one can

donate or waive any
interest in the coownership that
would constitute an
indirect or direct
grant of gratuitous
advantage to the
other which is void
pursuant to Art. 87
4. 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 favour of
their common children.

In case of default or
waiver by an or all of
the common children
or their
descendants, each
vacant share shall
belong to the
respective surviving
descendants. In the
absence of such
descendants, such
share shall belong to
the innocent party.

In all cases, the

forfeiture shall take
place upon
termination of the
cohabitation.

Art. 120: Separate property of one of the

spouses subjected to improvements at the
expense of the conjugal property, if the cost of
the improvements and resulting increase in
value are more than the value of the property at
the time of improvement, shall belong to the
conjugal partnership

But ownership will vest only upon

reimbursement which shall be made at the
time of liquidation of the conjugal
partnership.

If no reimbursement is made, ownership by

the spouse will be retained
Jurisprudence:
1. Damages granted by the courts in favor of
any spouse arising out of a contract solely
financed by the conjugal partnership
property, which was unduly breached by a
third party (Zulueta vs Pan American World
Airways, Inc.)
2. Damages arising out of the illegal
detention of the exclusive property of any
of the spouses shall pertain to the conjugal
partnership if such detention deprive the
partnership of the use and earning of the
same. (Bismorte vs Aldecoa)
Property bought during the marriage paid
partly from exclusive property and partly
from conjugal property, by virtue of the
application of the spirit of Art. 118, is conjugal
property. Subject to the same reimbursement
scheme in Art. 118

Unless such amounts from the conjugal

property were agreed as loans by the
buyer-spouse.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)
shall apply to joint
deposits of money
and evidences of
credit.
3. If one of the parties is
validly married to
another, his or her
share in the coownership shall accrue
to the absolute
community or conjugal
partnership existing in
such valid marriage.

If party 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
Art. 147.

The foregoing rules

on forfeiture shall
likewise apply even if
both parties are in
bad faith.

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

Separate
Properties of
each spouse
(Exclusions)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

Property before the marriage

Property before the marriage

Art 91: Exclusions stipulated in the

marriage settlement from the community
property

Art. 109: The following shall be the exclusive

property of each spouse:
1. That brought to the marriage as his/her
own

Art. 92: The following are excluded from

the community property:

1. Property for personal and exclusive

use of either spouse, except jewelry
and other expensive property

2. Property acquired before the

marriage and the income/fruits
thereof by either spouse who has
legitimate descendants by a former
marriage, legitimate children of void
marriages under 36 and 53, and
adopted children.

Property during the marriage

Art. 92: The following are excluded from
the community property:

1. Property acquired during the marriage

by gratuitous title as well as the
income and fruits thereof. Unless
expressly provided by the donor that it
will form part of the community
property

2. Property for personal and exclusive

use of either spouse, except jewelry
and other expensive property

Villanueva vs IAC; Tan vs CA: If the

property was acquired by gratuitous title
such as by way of succession, the said
property is separate property regardless of
whether it was acquired before or after the
marriage.

Matthews vs Taylor: Foreigners cannot

own land except through intestate
succession, if a foreigner marries a Filipino,
the Philippine lands are only owned by the
Filipino. Aliens cannot have an interest in
lands part of community property.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 118: Property bought before the marriage

on installments paid partly from exclusive funds
and partly from conjugal funds if full ownership
vested before the marriage (subject to the
proper reimbursements upon liquidation.)
Property during the marriage
Art. 109: The following shall be the exclusive
property of each spouse:
1. That which each acquires during the
marriage by gratuitous title (excluding
the fruits and income thereof)
2. Acquired by right of redemption, by
barter or by exchange with their separate
property
3. That purchased with exclusive money
by either spouse.

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

Art. 144: Properties

agreed upon as
separate in the
marriage settlement
Art. 145: 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.

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Valdez vs RTC:
1. Property acquired by
either of the parties
exclusively by his or
her own fund belongs to
such party provided that
there is proof that he or
she acquired it by
exclusive funds

Title of property
named after spouse
is a proof but not
sufficient
2. The fruits of the
couple's separate
property are not
included in the coownership
3. Property acquired by
any of the parties after
separation shall be
exclusively owned by the
party who acquired it;

Malilin vs Castillo (2000)

1. The salaries and wages
are separately owned by
the parties and if any of
the spouse is married,
his or her salary is the
property of the conjugal
partnership of gains of
such legitimate marriage
2. Property solely
acquired by funds of
any of the parties
belongs to such party

Villanueva vs IAC; Tan vs CA: If the property

was acquired by gratuitous title such as by way
of succession, the said property is separate
property regardless of whether it was
acquired before or after the marriage.
Art. 113: Property donated or left by will to the
spouses jointly and with designation of
determinate shares (if no designation, it will be
equal 50-50), shall pertain to the donee-spouse
as his or her own exclusive property, without
prejudice to the right of accretion when proper.
Art. 115: Retirement benefits, pensions, and
annuities if it is gratuitous or given through an
act of pure liberality
Art. 119: Sums collected during the marriage in
partial payments or by installments comprising
the principal from amounts or credit payable
belonging to one of the spouses owning such
credit.

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

credit.

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Jurisprudence:
1. Patrimonial and moral damages awarded
to one of the spouses as a result of
physical injuries inflicted by a third party,
said damages belong exclusively to the
injured spouse. (Lilius vs Manila Railroad
Co.)

Charges and
Liabilities

Art. 73: Debts and obligations arising from

immoral or illegitimate profession contracted
by a spouse without consent of the other if
the benefit has accrued to the family after to
the objection

Or if the benefit accrues prior to the

objection but the 3rd party creditor is in
good faith
Art. 94: ACP is liable for:
1. Support of the spouses, their common
children, and legitimate children of
either spouse
2. Debts and obligations contracted
during the marriage

By the administrator for the benefit

of the family

Both spouses

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 benefite

Art. 73: Debts and obligations

arising from illegitimate profession
by one spouse shall be borne by
the ACP if the benefit to the family
accrues after the objection of the
other spouse
4. All taxes, liens, charges, and
expenses, including major or minor
repairs, upon the community
property

5.

All taxes and expenses for mere

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 121: CPG is liable for:

1. Support of the spouses, their common
children, and legitimate children of either
spouse
2. Debts and obligations contracted
during the marriage

By the administrator for the benefit of

the family

Both spouses

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

Art. 73: Debts and obligations arising

from illegitimate profession by one
spouse shall be borne by the ACP if
the benefit to the family accrues after
the objection of the other spouse
4. All taxes, liens, charges, and expenses,
including major or minor repairs, upon the
community property
5. All taxes and expenses for mere
preservation during marriage upon the
separate (need not be used by the family
as income from such will form part of the
CPG)
6. Expenses to enable either spouse to
commence or complete a professional
or vocational course, or other activity for
self-improvement
7. Antenuptial debt insofar as they have
redounded to the benefit of the family
8. Value of what is donated or promised
by both spouses in favor of their
common legitimate children for the

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 the separate
properties. Liability
of the spouses to the
creditors shall be
solidary.

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

All taxes and expenses for mere

preservation during marriage upon
the separate property has been used
or is being 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. Antenuptial debt insofar as they have
redounded to the benefit of the family
8. 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. Antenuptial debts not redounding to
the benefit of the family, support of
illegitimate children, liabilities
incurred by by reason of a crime or
quasi-delict, in case of absence or
insufficiency of the separate property
of the debtor-spouse, payment to
which shall be considered as advances
to be deducted from the share of the
debtor-spouse upon liquidation of
community.
10. Expenses of litigation between
spouses unless the suit is found to be
groundless

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

5.

Ayala Investment vs CA: Any loss

resulting from the exercise of a profession
or family business, even without the
consent of the other, shall be chargeable to
the ACP as they are presumed to redoung
to the benefit of the family.

9.

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 selfimprovement
Expenses of litigation between spouses
unless the suit is found to be groundless

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Art. 122: In case of insufficiency and after the

obligations enumerated in Art. 121 have been
covered CPG will be liable for:
1. Antenuptial debts that did not redound to
the benefit of the family
2. Fines and indemnities imposed
3. Support of illegitimate children
4. Spouse shall be charged for what has
been paid at the time of liquidation
Art. 197: For the support of legitimate
ascendants or descendants and legitimate or
illegitimate brothers or sisters, only the separate
property of the person obliged to give support
will be liable. But in case of the obligor has no
separate property, the ACP or CPG may
advance the support which shall be deducted
from the share of the spouse obliged upon
liquidation of the ACP/CPG.

Contemplates a situation where only one

of the spouse is liable for the support other
than a illegitimate child of such spouse, in
which case the ACP/CPG will only be liable
in case of absence of separate property,
note than if the person claiming support,
the ACP/CPG can already be held liable in
case of insufficiency of separate property
of the debtor-spouse.
Art. 310 of CivCode: Funeral expenses
including the tombstone or masoleum

Art. 197: For the support of legitimate

ascendants or descendants and legitimate
or illegitimate brothers or sisters, only the
separate property of the person obliged to
give support will be liable. But in case of the
obligor has no separate property, the ACP
or CPG may advance the support which
shall be deducted from the share of the
spouse obliged upon liquidation of the ACP/
CPG.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

10

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

spouse obliged upon liquidation of the ACP/

CPG.

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Contemplates a situation where only

one of the spouse is liable for the
support other than a illegitimate child
of such spouse, in which case the
ACP/CPG will only be liable in case of
absence of separate property, note
than if the person claiming support, the
ACP/CPG can already be held liable in
case of insufficiency of separate
property of the debtor-spouse.

Art. 310 of CivCode: Funeral expenses

including the tombstone or masoleum
Community/
Conjugal
Property
cannot be held
liable for

1.

2.

3.

Debts and obligations that did not

redound to the benefit of the family
and contracted without the consent
of the other spouse (Francisco vs
Garcia)
Taxes and expenses of separate
properties never been used by the
family
Expenses of litigation between
spouses if suit is groundless.

Art. 73: Debts and obligations arising from

immoral or illegitimate profession contracted
by a spouse without consent of the other if
the benefit has accrued to the family prior to
the objection.

Or if the third party creditor is in bad

faith, then the separate properties of
the guilty spouse would be liable
regardless when the benefit accrues.
Art. 95: Losses in games of chance

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 122: Personal debts and obligations that

did not redound to the benefit of the family
and contracted without the consent of the
other spouse
Expenses of litigation between spouses if suit is
groundless.
Art. 73: Debts and obligations arising from
immoral or illegitimate profession contracted by
a spouse without consent of the other if the
benefit has accrued to the family prior to the
objection.

Or if the third party creditor is in bad faith,

then the separate properties of the guilty
spouse would be liable regardless when
the benefit accrues.
Art 117/123: Losses from games of chance
which shall be borne exclusively by the loser.
(Both separate properties will bear such losses
if both spouses consented)

11

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

Liability of the
Separate
Property

1.
2.
3.

4.

5.

6.

Antenuptial debts not redounding to

the benefit of the family
Support of illegitimate children
Liabilities incurred by by reason of a
crime or quasi-delict

But ACP will be subsidiarily liable

in case of absence in accordance
with Art. 94, par. 9.
Debts and obligations that did not
redound to the benefit of the family and
contracted without the consent of the
other spouse
Taxes and expenses of separate
properties never been used by the
family
Expenses of litigation between
spouses if suit is groundless.

Art. 73: Debts and obligations arising from

immoral or illegitimate profession
contracted by a spouse without consent of
the other if the benefit has accrued to the
family prior to the objection shall be
chargeable to the separate property of such
debtor-spouse.
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
cannot be charged to the ACP.

If such losses were contracted by both

spouses or one with the consent of the
other, it shall be charged to both their
respective separate properties
Art. 197: For the support of legitimate
ascendants or descendants and legitimate
or illegitimate brothers or sisters, only the
separate property of the person obliged to
give support will be liable. But in case of the
obligor has no separate property, the ACP
or CPG may advance the support which
shall be deducted from the share of the
spouse obliged upon liquidation of the ACP/
CPG.

Contemplates a situation where only

one of the spouse is liable for the
support other than a illegitimate child

Clarence Tiu, Ateneo Law 1-B, Batch 2017

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

1.
2.
3.

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Personal debts not redounding to the

benefit of the family
Antenuptial debts composed of fines and
indemnities imposed upon him or her
Support of illegitimate children

Art. 73: Debts and obligations arising from

immoral or illegitimate profession contracted by
a spouse without consent of the other if the
benefit has accrued to the family prior to the
objection shall be chargeable to the separate
property of such debtor-spouse.
Art 117: Losses from games of chance which
shall be borne exclusively by the loser. (Both
separate properties will bear such losses if both
spouses consented)
Art. 197: For the support of legitimate
ascendants or descendants and legitimate or
illegitimate brothers or sisters, only the separate
property of the person obliged to give support
will be liable. But in case of the obligor has no
separate property, the ACP or CPG may
advance the support which shall be deducted
from the share of the spouse obliged upon
liquidation of the ACP/CPG.

Contemplates a situation where only one

of the spouse is liable for the support other
than a illegitimate child of such spouse, in
which case the ACP/CPG will only be liable
in case of absence of separate property,
note than if the person claiming support,
the ACP/CPG can already be held liable in
case of insufficiency of separate property
of the debtor-spouse.

12

Persons and Family Relations

ABSOLUTE COMMUNITY OF
PROPERTY (ACP)

CONJUGAL PARTNERSHIP OF
GAINS (CPG)

one of the spouse is liable for the

support other than a illegitimate child
of such spouse, in which case the
ACP/CPG will only be liable in case of
absence of separate property, note
than if the person claiming support, the
ACP/CPG can already be held liable in
case of insufficiency of separate
property of the debtor-spouse.

Solidary
Liability of
Separate
Property

Art. 70: The spouse are jointly responsible

for the support of the family. The expenses
for such support and other conjugal
obligations shall be paid from community
property and in the absence thereof, the
income and fruits of the separate properties,
and in the absence of which, the separate
properties.

COMPLETE
SEPARATION
OF PROPERTY
(CSP)

UNIONS WITHOUT MARRIAGE

PARTIES ARE
CAPACITATED (NO
LEGAL IMPEDIMENT)

PARTIES ARE
INCAPACITATED
(WITH LEGAL
IMPEDIMENT)

Art. 121 If the conjugal property is insufficient to

cover its liabilities, the separate property of the
spouses shall be solidarily liable for the unpaid
balance

Art. 94 If the community property is

insufficient to cover its liabilities, the
separate property of the spouses shall be
solidarily liable for the unpaid balance

Except those under paragraph 9 which

are antenuptial debts not redounding
to the benefit of the family, support of
illegitimate children, or liabilities
incurred by by reason of a crime or
quasi-delict.
Termination of
the ACP/CPG

Art. 99/126: Dissolution of the ACP/CPG:

1. Upon death of either spouse
2. Decree of legal separation
3. Marriage is annulled or declared voi

Contemplates void marriages under 40 and annulled marriages, properties liquidated

under Art. 50 as generally in void marriages, there is no ACP and CPG rather
properties are liquidated under Art. 147 or 148
4. Judicial separation of property
Art. 43: Dissolution of the ACP/CPG of the subsequent valid bigamous marriage upon filing of
affidavit of reappearance

Clarence Tiu, Ateneo Law 1-B, Batch 2017

13

Persons and Family Relations

Effects of Abandonment, Absence, and Loss of Parental Authority

ABANDONMENT
Relevant
Information

ABSENTEE

Complete cessation of family obligations should be

manisfested with intent to abandon and without jutisfiable
cause
Spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any
information as to his whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal
dwelling.

Art. 384: 2 years have elapsed without any

newsaboutthe absentee or since the receipt of last news
or 5years in case the absentee has left a person in
charge of the administration of his property, in such case
his absence may be declared.
Art. 385: Who may ask for a declaration of absence
1. The spouse
2. Heirs instituted in a will
3. Relatives who may succeed by law of intestacy
4. Those who may have over thepropertyof the
absentee some rightsubordinatedto theconductionof
his death may file for declaration of absence
Art. 386: Thejudicialdeclarationof absence shall not take
eect until six months after its publication in a
newspaper of general circulation.

LOSS OF PARENTAL AUTHORITY

Art. 228: Parental authority permanently terminates by:
1. Death of parent
2. Death of child
3. Emancipation of child
Art. 229: Parental authority isterminated, subject to
revival,by:
1. Adoption of child (except if the adopting parent is the
spouse of the biological parent)
2. Appointment of a general guardian
3. Judicial declaration of abandonment of the child
4. Divestment of parental authority by finaljudgement
5. Judicialdeclarationof absence or incapacity of person
exercising parentalauthority.
Art. 231: Parental authority is suspended if the parent
1. Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example
3. Compels the child to beg
4. Subjects or allows the child to be subject to acts of
lasciviousness
Art. 232: If the person exercising parental authority
hassubjectedthe child or allowed him to be subjected to
sexual abuse, such person shall be permanently deprived
by the Court of suchauthority.

Legal
Separation

ACP/CPG

Art. 55: Ground for legal separation if more than 1 year

without justifiable cause

N/A

Art. 101/128: Ground for receivership, judicial separation

of property or for authority to be sole administrator of the
community/conjugal property

N/A

Involuntary
Separation of
Property
Transfer of
administration
of exclusive
property

Art. 135: Considered sufficient cause for Judicial Separation of Property

N/A

Other Effects

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 142: The administration of all classes of exclusive

property of either spouse may be transferred by the court
to the other spouse upon this ground

N/A

Art. 229: Terminates Parental Authority

14

Persons and Family Relations

Legitimacy of Child
LEGITIMATE
How to
Determine
Status

ILLEGITIMATE
Art. 165: Children conceived and born outside a valid marriage, unless otherwise
provided by this code

Art. 164: Children conceived or born inside valid marriage

Art. 54: Children conceived or born before the final judgment of annulment or nullity
under Art. 36 and 53.

Children born inside void marriages except those under Art. 36 and 53

Art. 164: Children conceived as a result of artificial insemination of the wife with the
sperm of the husband or that of a donor.

Art. 179: Legitimated children are legitimate

How to Impugn

Who may impugn the legitimacy of a child?

Art. 171: Generally, only the husband may impugn the legitimacy of his child provided it
is the natural child of his wife with another man. But,

his heirs substitute in his place if:

1. He dies before the expiration of the period

2. He dies after instituting the action

3. He dies before the child is born

N/A

Grounds for Impugning?

Art. 166:
1. Physical impossibility of access in the conception period of the child. (First 120 days
of the 300 days immediately preceding the birth of the child, either because of:

a. Physical incapacity

b. Living separately where sexual intercourse would not have been possible

c. Serious illness which absolutely prevented intercourse

1. Biological/ Scientific reasons except in artificial insemination

2. Vitiated consent in artificial insemination

Period: Art. 170: Generally, 1 year from the knowledge of birth or its recording in the
civil register whichever is earlier. But it is 2 years if the child he resides inside the
Philippines but outside the city where the birth took place or was recorded; and 3 years
if he resides abroad
How to Establish

Who can establish?

Art. 173: Child may file an action to claim legitimacy which can be transmitted to his
heirs should the child:

1. Die during minority

2. State of insanity

How to Prove?
Art. 172: May be established by the child on the basis of:

Direct poof:
1. Record of birth appearing in:

a. Civil register

b. Final judgment

2. Admission of legitimate filiation in a:

a. Public document

b. Private handwritten instrument which is signed by the parent

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Who can Establish?

Art. 175: Child may file an action to claim illegitimate status in the same way and on the
same evidence as legitimate children

How to Prove?

*Same as Legitimate

Period: Art. 175: If direct proofs are used, within the lifetime of the child, if indirect
proofs, within the lifetime of the alleged parent.

15

Persons and Family Relations

LEGITIMATE

ILLEGITIMATE

Indirect proof:
1. Open and continuous possession of the status of a legitimate child

2. Any other means allowed by the Rules of Court and special laws

Rule 130 of Rules of Evidence/ People vs Mendoza (1991):

Section 39. Act or declaration about pedigree. The act or declaration of a person
deceased, or unable to testify, in respect to the pedigree of another person related to
him by birth or marriage, may be received in evidence where it occurred before the
controversy, and the relationship between the two persons is shown by evidence other
than such act or declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where these fast
occurred, and the names of the relatives. It embraces also facts of family history
intimately connected with pedigree.

Section 40. Family reputation or tradition regarding pedigree. The reputation or

tradition existing in a family previous to the controversy, in respect to the pedigree of
any one of its members, may be received in evidence if the witness testifying thereon be
also a member of the family, either by consanguinity or anity. Entries in family bibles or
other family books or charts, engravings on rings, family portraits and the like, may be
received as evidence of pedigree.

Period: Art. 173: Lifetime of the child, but if the right is transmitted to the heirs, they
shall have 5 years to institute the action.
Rights

Art. 174:
1. Bear the surname of the father and mother

2. Receive support

3. Entitled to legitime and other successional rights

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 176:
1. Surname of the mother but if the father expressly recognizes their filiation with direct
proofs mentioned, he can use his surname

2. Receive support

3. Entitled to legitime consisting 1/2 of that of the legitime of a legitimate child.

16

Persons and Family Relations