No-RetroAc – Exceptions:1 When the law itself expressly
provides (X: Ex post facto law & Impairment of contract); 2
remedial statutes; 3 curative; Interpretative; creating new
rights; Emergency; tax laws; unless otherwise provided
Waiver – voluntary and relinquishment or abandonment of a
known legal right or privilege.
Req: 1) Full capacity to make W; 2) W must be Unequivocal;
3) Right must exist at the time of W; 4) Not Cont L,PP,M or
GC; 5) Not prejudicial to a 3rdP; Formalities X: 1) #4; 2) #5;
3) #3; 4) Natural right
Doctrine of Stare Decisis
 It enjoins adherence to judicial
precedents and is based on the principle that once a
question of law has been examined and decided, it should
be deemed settled and closed to further argument.
LEGAL PERIODS 1. Years - 365 days, unless year is
identified; 2. Months - 30 days, unless month identified; 3.
Days – 24 hours;
 4. Nights – Sunset to sunrise; 5.
Calendar week – Sunday to Saturday;
 6.Week – Count 7
days as indicated, not necessarily Sunday to Saturday.
Penal Laws and laws of public security (Article 14):
Territoriality rule governs regardless of the nationality but
subject to principles of international law and to treaty
stipulations.
Laws relating to family rights and duties, or to status,
condition and legal capacity of persons (Article 15):
Nationality rule applies regardless of their place of
residence. Exception: Divorce validly obtained abroad by
alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law.
(Article 26 (2) Family Code)
Laws on property (real and personal) Lex Rei Sitae: The
law of the country where the property is situated shall govern
property transactions. (Article 16 (1)) Exception: Order and
amount of successional rights, intrinsic validity of
testamentary provisions, and capacity to succeed governed
by the national law of decedent (Article 16 (2)).
Laws on forms and solemnities Lex Loci Celebrationis:
Forms and solemnities of contracts, wills, and other public
instruments (extrinsic validity) shall be governed by the laws
of the country in which they are executed (Article 17).
Exceptions:
a. Marriage between Filipinos solemnized abroad shall be
void though valid abroad when void under Philippine laws.
(Article 26(1) FC)
b.Intrinsic Validity of Contracts: Validity is determined by the
following rules: 1 The law stipulated by the parties shall be
applied;
2 In default thereof, and the parties are of the same
nationality, their national law shall be applied;
 criminal action; an
 b.The resolution of such issue
3 If the parties are not of the same nationalities, the law of
the place of the perfection of the obligation shall govern its
fulfillment
4If the above places are not specified and they cannot be
deduced from the nature and circumstances of the
obligation, then the law of the passive subject shall apply.
Renvoi Doctrine: Occurs when a citizen of another country
dies as a domiciliary of another country. Where the conflict
rules of the forum refer to a foreign law, and the latter refers
it back to the internal law, the law of the forum shall apply.
Transmission Theory: If the foreign law refers it to a third
country, the said country’s law shall govern.
Doctrine of Processual Presumption: The foreign law,
whenever applicable, should be proved by the proponent
thereof; otherwise, such law shall be presumed to be exactly
the same as the law of the forum.
ABUSE OF RIGHT (Art. 19)
 Elements: (LEP)
 1.
Existence of a legal right or duty;
 2. Which is exercised in
bad faith;
 3. For the sole intent of prejudicing or injuring
another.
Doctrine of Violenti Non Fit Injuria (to which a person
assents (self inflicted) is not esteemed in law as
injury)

Damnum Absque Injuria (damage without injury)
 A
person who exercises his legal right does no injury.
HOWEVER, it cannot be said that a person exercises a right
when he unnecessarily prejudices another or offends morals
or good customs.
ACTS CONTRARY TO LAW (Art. 20)
 Every person who,
contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.
ACTS CONTRA BONUS MORES (Art. 21) Elements: (L-C-
I)
 1. There is a legal act;
 2. But which is contrary to
morals, good customs, public order or public policy; and,
 3.
It is done with intent to injure.
Accion in Rem Verso It is an action for recovery of what
has been paid without just cause. APP: 1. When someone
acquires or comes into possession of something, which
means delivery or acquisition of things; AND 2.Acquisition is
undue and at the expense of another, which means without
just or legal ground.
Requisites: (JELA)
 1. Enrichment is without just or legal
ground
 2. Defendant has been enriched;
 3. Plaintiff has
suffered a loss; and
 4.He has no other action based on
contract, quasi– contract, crime or quasi–delict.
SOLUTIO INDEBITI: Payment was made by mistake is an
essential element to maintain the action for recovery.
PJ - A prejudicial question is that which arises in a case, the
resolution of which is a logical antecedent of the issue
involved therein, and the cognizance of which pertains to
another tribuna; GN: both criminal and civil cases are filed in
court, the criminal case takes precedence.
Requisites: (Section 7, Rule 111, Rules of Court)
a.Previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent
determines whether or not the criminal action may proceed.
Civil Personality It is the aptitude of being the subject,
active or passive, of rights and obligations.
Juridical capacity Fitness to be the subject of legal
relations (Art. 37); Passive; Inherent; Lost only through
death; Can exist without capacity to act; Cannot be limited or
restricted
Capacity to Act - Power to do acts with legal effects (Art.
37); Active; Merely acquired; Lost through death and other
causes; Cannot exist without juridical capacity; Can be
restricted, modified or limited
Restrictions on capacity to act 1. Minority
 Minority does
not exempt the minor from certain obligations, as when the
latter arise from his acts or from property relations. (Art. 38)
Thus, he may acquire property using the capital of his
parents, said property to belong to the latter in ownership
and usufruct. 2. Insanity or imbecility
 3. State of being deaf
mute Deaf mute may either be sane or
insane.
 4.Prodigality – The state of squandering money or Marcos vs. COMELEC, G.R. No. 119976 September 18,
property with a morbid desire to prejudice the heirs of a
person (Martinez v. Martinez, 1 Phil. 182). 5. Civil
interdiction
Modifications/ limitations on capacity to act (Art. 39): 1.
Family Relations;
 2. Insanity; 3. Imbecility;
 4.
Insolvency;
 5. Trusteeship;
 6. Penalty;
 7.
Prodigality;
 8. Age;
 9. Alienage;
 10. Absence; and
 11. Rules for determining the domicile of juridical persons
State of being deaf-mute.
GR: Birth determines personality (actual personality) (Art.
40). E: The law considers the conceived child as born for all
purposes favorable to it if born alive. Therefore, the child has their legal representation is established. 2. Or where they
a presumptive personality, which has two characteristics: 1.
Limited and
 2.Provisional or conditional (Quimiguing vs.
Icao, G.R. No. L-26795, July 31, 1970)
When is a child considered born: (Art. 41) GR: For civil
purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mother’s womb. E: If the
fetus had an intra-uterine life of less than 7 months, it is NOT
deemed born if it dies within 24 hours after its complete
delivery from the maternal womb (Article 41).
Presumption of survivorship doubt as to which of two or
more persons called to succeed each other died
first:
 1.Whoever alleges the death of one prior to the other
shall prove the same
 2.In the absence of proof, the
presumption is that the parties died at the same time and
there shall be no transmission of rights from one another
(Art. 43)
Rule 131 Section 3 (jj). That except for purposes of
succession, when two persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown
who died first, and there are no particular circumstances
from which it can be inferred, the survivorship is determined
from the probabilities resulting from the strength and the age
of the sexes, according to the following rules:
 1. If both
were under the age of fifteen years, the older is deemed to
have survived;
 2.If both were above the age sixty, the
younger is deemed to have survived;
 3.If one is under
fifteen and the other above sixty, the former is deemed to
have survived;
 4. If both be over fifteen and under sixty,
and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;
 5.If one be
under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.
JURIDICAL PERSONS (Art. 44 to 46)
 A juridical person is
a being of legal existence susceptible of rights and
obligations, or of being the subject of juridical relations
Modes of acquiring citizenship 1. Jus sanguinis – by
blood, wherever he may be born
 2. Jus soli – by place of
birth
 3. Naturalization – artificial means (judicial or
administrative) by which a state adopts an alien and gives
him imprint and endowment of a citizen of that country
Domicile - habitual residence Elements of domicile 1.
Physical presence in a fixed place
 2. Intention to remain
permanently in said place (animus manendi) (Romualdez-
1995).
Requirements for the acquisition of new domicile
(Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA 408,
415) 1.Bodily presence in a new locality – actual removal or
actual change of domicile 2. Intention to remain therein
(animus manendi) 3.Intention to abandon the old domicile
(animus non revertendi)
(Article 51):
 A.Get the domicile provided for in the law
creating or recognizing them or in their articles of
agreement. B.If not provided for, get the place: 1. Where
exercise their principal functions.
Marriage A special contract of permanent union between a
man and a woman entered into in accordance with law for
the establishment of conjugal and family life.
General Rule: It is not by itself an actionable wrong
(Hermosisima vs. CA L-14628, September 30, 1960). One
cannot seek specific performance to compel marriage.
Exceptions: To be actionable, there must be another act
independent of the breach of promise to marry which gives
rise to liability as where there was financial damage, social
humiliation, and moral seduction.
ESSENTIAL REQUISITES OF MARRIAGE: (LC) 1.Legal
capacity of the contracting parties, who must be a male and
a female
 a. Eighteen years old or above
 b. Not under any
impediment mentioned in Arts. 37 and 38 (Art.
5)
 2.Consent freely given in the presence of a solemnizing
officer (Art. 2)
 No particular form required
 Capable of
intelligently understanding the nature and consequences of
the act
FORMAL REQUISITES OF MARRIAGE: (ALM)
 1.
Authority of the solemnizing officer
 2. Valid Marriage
License
 3. Marriage ceremony where the contracting
parties appear before the solemnizing officer, with their
personal declaration that they take each other as husband
and wife in the presence of not less than two witnesses of
legal age (Art. 3)
EFFECTS: E/F Absence: Void ab initio; DEFECT: Voidable
IRREGULARITY: Valid; Valid, but person responsible for
irregularity shall be civilly and criminally liable; Except: when
parties over 18 but below 21 failed to obtain parental
consent, in which case the marriage is voidable (Art. 14)
Authority of solemnizing officer – GR not duty bound to
investigate whether the marriage license was regularly
issued; Must only determine if it was issued by a competent
official (Alcantara vs. Alcantara G.R. No. 167746 August 28,
2007); (steps to ascertain the ages, relationship, and between the parties must be present at the time of marriage;
qualifications of contracting parties (Art. 29)) d.The parties must execute an affidavit before any person
authorized by law to administer oaths stating that they have
Exception: In cases of marriage in articulo mortis, in remote lived together for at least five years (and are without legal
places, and between a man and a woman living together as impediment to marry each other); and e.The solemnizing
husband and wife for at least 5 years without legal officer must execute a sworn statement that he had
impediment to marry each other ascertained the qualifications of the parties and that he had
Priest, rabbi, imam or ministers of any church or found no legal impediment to their marriage (Manzano v.
religious sect a. Duly authorized by his church or religious Sanchez G.R. No. MTJ–00–1329, March 08, 2001).
sect; b. Registered with the office of the civil registrar 5.Solemnized outside the Phil. where no marriage license is
general; c. Acting within the limits of the written authority required by the country where they were solemnized (Art. 26
granted; and d. At least one of the parties belongs to the par. 1)
solemnizing officer’s church or religious sect M Outside: Exceptions: Foreign marriages shall not be
Municipal and city mayors (Sec. 444, 445 Local recognized in the Philippines if: 1. Contracted by a national
Government Code, January 1, 1992) The term “mayor” who is below 18 years of age (Art. 35(1)); 2.Bigamous or
includes a vice-mayor who is the “Acting Mayor” or who is polygamous except as provided in Art. 41, FC (Art. 35(4))
merely acting as a Mayor (People vs. Bustamante, citing 3.Contracted through mistake of one party as to the identity
Laxamana vs. Baltazar of the other (Art. 35(5)) 4.Contracted following the
Incumbent members of the judiciary within the court’s annulment or declaration of nullity of a previous marriage but
jurisdiction before partition (Art.35(6)) 5. Void due to psychological
Ship captains or air plane chiefs 1) The marriage must be incapacity (Art. 36) 6. Incestuous (Art.37)
 7. Void for
in articulo mortis (one of the parties is at the point of death);
reasons of public policy (Art. 38)
2) The marriage must be between passengers or crew
Article 26(2) applies where parties were Filipino citizens at
members; 3) The ship must be at sea or the plane must be
the time of the marriage was celebrated, and later on, one of
in flight; including stopovers at ports of call. 
 them becomes naturalized as a foreign citizen and obtains a
Commander of a military unit, in the absence of chaplain divorce decree: the reckoning point is their citizenship at the
(Art. 32) a. He or she must be a military commander of a time the valid divorce is obtained abroad by the alien spouse
unit; or commissioned officer; c. A chaplain must be capacitating the latter to remarry (Rep. v. Obrecido III, G.R.
assigned to such unit; d Such chaplain must be absent at No. 154380, Oct. 5, 2005).
the time of the marriage; e Marriage must be one in articulo In Edgar San Luis v. Felicidad Sagalongos (G.R. No.
mortis; and f) the contracting parties are within the zone of 134029, February 6, 2007), it was held that a Filipino who
military operation
 had been divorced by his alien spouse abroad may NOT
validly remarry in the Philippines if the marriage was
Consul generals, consuls or vice–consuls of the
solemnized BEFORE the Family Code took effect. It was
Republic of the Philippines abroad – a) Marriage must
noted that there is no need to retroactively apply Art. 26
only be between Filipino citizens; b) Has authority to
paragraph 2 of the Family Code, since there is sufficient
solemnize marriage only abroad; c) Acts not only as
jurisprudential basis allowing the Court to rule in the
solemnizer of a marriage but also perform the duties of a
affirmative.
local civil registrar such as the issuance of a marriage
license; d) The solemnities established by Philippine laws KINDS OF VOID MARRIAGES (LAPIS):
 I. Those contrary
shall be observed in their execution (Art. 17, NCC). to law or public policy
 II. Due to absence of essential or
Valid marriage license (Art. 9) Issued by the local civil
registrar of the city or municipality where EITHER formal requisites III. Due to psychological incapacity
 IV.
contracting party habitually resides; any part of the Incestuous marriages
 V.Void subsequent marriages; Other
Philippines for 120 days from date of issue
Exceptions to the marriage license requirement 1) VOID marriages include:
 1. Marriages in a play, drama, or
Among Muslims or members of ethnic cultural movie
 2. Marriages between two boys and two girls 3.

 communities solemnized in accordance with their
Marriages in jest
 4. Common law marriages
customs, rites and practices (Art. 33) 2)
 In articulo mortis
(Art. 27)
 Marriage remains valid even if spouse at the point Exceptions: (both BF)
 1.Art. 35 (2): either of the
of death subsequently survives (Art. 27); 3) In remote contracting parties is in good faith in believing that the
place
 Residence of either party is so located that there is solemnizing officer has authority although he has none in
no means of transportation to enable them to personally fact
 2.Art. 41: person whose spouse disappears for four
appear before the local civil registrar (Art. 28) 4) Marriage of consecutive years, or two years where there was danger of
people who have previously cohabited for at least 5 years death, the present spouse may validly marry again after he
/ratification by cohabitation (Art. 34) 
 or she:
 1) Has a well-founded belief that his or her spouse
Requisites: a.The man and woman must have been living is dead; 2) Procures a judicial declaration of presumptive
as husband and wife for at least five years before the death; 
 3) At the time of subsequent marriage ceremony, is
marriage; b. The parties must have no legal impediment to
marry each other; c. The fact of absence of legal impediment in 
 good faith with the subsequent spouse; otherwise, the
subsequent marriage shall be considered void. 
 Alleged in the complaint: i. Sufficiently proven by experts
 ii.
BF – Prop Disposition. General rule: In a void marriage, Clearly explained in the decision 3.Marital obligations refer
the property regime is one of co-ownership (Art. 147 and to Art. 68–71, 220,221 and 225 of the FC; 4. Plaintiff has
148). The law provides that the person in bad faith will forfeit burden of proof;
 5.Incapacity proven to be existing at the
his or her share in the co-ownership in favor of their common
time of the celebration of marriage; 6 Trial court must order
children. (Chil guilty spuse by prev marriage or innocent
spouse 43 par 2) the prosecuting attorney or fiscal 
 and the Solicitor General
ATTACKING A VOID MARRIAGE
 General rule: A void to appear for the state; 7 Illness is grave enough to bring
about disability to assume essential marital obligations; and
marriage can be attacked collaterally.
Interpretations of the National Appellate Matrimonial Tribunal
Ex: a.Art. 40: a person in a void marriage who wants to
of the Catholic Church of the Philippines while not controlling
remarry must first file a civil case to obtain a judicial
should be given great respect.
declaration of nullity of the first marriage
INCESTUOUS MARRIAGES, WHETHER THE
b.Obtaining a judicial declaration of nullity for purposes other
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE,
than remarriage (legitimacy, settlement of estate, criminal
case) when the validity of the marriage is an issue BETWEEN (Art. 37):
 1. Ascendants & Descendants of any
c. If a donor desires to revoke a donation propter nuptias (in degree; 2. Brothers & Sisters whether full or half blood
consideration of the marriage) given to one or both the THOSE CONTRARY TO PUBLIC POLICY CONTRACTED
spouses on the ground that the marriage is void BETWEEN (Art. 38): (CS-PASS-AKA) 1. Collateral blood
Lucio Morigo v. People, judicial declaration of nullity is NOT relatives whether legitimate or illegitimate up to the 4th civil
NEEDED where NO MARRIAGE CEREMONY at all was
performed by a duly authorized so degree 2. Step–parents & step children
 3. Parents–in–law
I. VOID MARRIAGES DUE TO ABSENCE OF ANY OF THE & children–in–law
 4. The adopting parent & the adopted
ESSENTIAL OR FORMAL REQUISITES: (BB–
child
 5.The surviving spouse of the adopting parent & the
LAPIS)
 1.Contracted by any party below 18 years of age
adopted child
 6.The surviving spouse of the adopted child
even with parental consent
 2. Bigamous or polygamous
marriages except Art 41 3.Solemnized WITHOUT a license & the adopter
 7. Adopted child & a legitimate child of the
adopter 8.Parties where one, with the intention to marry the
except as otherwise provided
 4. Solemnized by any person
other, killed the latter’s spouse, or his/her spouse. 9.
NOT LEGALLY authorized to perform marriages UNLESS Adopted children of the same adopter
one or both of the parties believed in good faith that the VOIDABLE MARRIAGES Grounds: (AUF-VPS) must exist
solemnizing officer had the legal authority to do so
5.Marriages contracted through mistake of one of the parties AT THE TIME of marriage
 1.Absence of consent to
as to the physical identity of the other 6. Subsequent contract marriage from the parents, guardian or person
marriages that are void under Article 53 of the Family Code exercising substitute parental authority (in that order) over
one or both of the parties, where one or both of the parties is
Effect of reappearance: GR: The subsequent bigamous over 18 but below 21
marriage under Article 41 remains valid despite 2. Unsound mind of either party; .Consent of either party
reappearance of the absentee spouse. Ex: Subsequent obtained by fraudulent means as enumerated in Art. 46:

marriage is automatically terminated if the reappearance .Non–disclosure of a previous conviction by final judgment of
was recorded in a sworn statement in the civil registry of the the other party of a crime involving moral turpitude;
residence of the parties to the subsequent marriage at the concealment of pregnancy; Concealment of a sexually
instance of any interested person with due notice to said transmissible disease; Concealment of drug addiction,
spouses, habitual alcoholism, homosexuality or lesbianism
4.Vitiated consent of either party through force, intimidation
Psychological incapacity It is the downright incapacity or or undue influence
inability to take cognizance of and to assume the basic
marital obligations. Requisites for annulment due to impotence: (CUPIN)
 a.
Requisites 1. Juridical Antecedence – Must be rooted in the It exists at the time of the celebration of the marriage;
 b. It
history of the party antedating the marriage, although the
overt manifestations may emerge only after the marriage; is unknown to the other spouse;
 c. It is permanent;
 d. It is
and
 2.Incurability – Must be incurable or, even if it were incurable; and
 e. The other spouse must not also be
otherwise, the cure would be beyond the means of the party impotent.
involved;
 3.Gravity – must be grave/serious such that the Doctrine of triennial cohabitation Presumption that the
husband is impotent should the wife still remain a virgin for
party would be incapable of carrying out the ordinary duties at least 3 years from time spouses started cohabiting
required in a marriage Force, intimidation, or undue influence; Injured party;
(Molina doctrine) (Republic v. Molina G.R. No. 108763, Within 5 years from the time the force, intimida- tion, or
February 13, 1997): (PROBE PIG)
 1. Incapacity must be undue influence ceased; Ratification: Free cohabita- tion
permanent or incurable; 2. Root cause of the psychological after disap- pearance of force, intimida- tion / undue
incapacity must be: a. Medically or clinically identified
 b. influence respect- tively
Fraud - Injured party; Within 5 years from the discovery of
fraud; Free cohabittion even with full knowledge of
 facts
Incapability to consummate - Injured party; Within 5 years
after the celebration of the marriage; No ratification since
defect is permanent
Insanity - Sane spouse; Anytime before the death of either
party; Free cohabita- tion after insane regains sanity
/ Relative guardian or persons having legal charge of the
insane; Anytime before the death of either party;
/ Insane spouse; During lucid interval or after regaining
sanity; Free cohabita- tion after insane regains sanity
Non– consent - Parent/ legal guardian having charge of the surviving spouse marries again without initiating settlement
“no– consent” party; Anytime before the “no consent” party
reaches 21
/ “No consent” party; Within 5 years after reaching 21; Free separation of property shall govern property relations of
cohabita- tion after reaching age of 21
STD - Injured party; Within 5 years after the celebration of DONATION BY REASON OF MARRIAGE Rules1.There
the marriage; No ratifica- tion since defect is perma- nent. must be a valid MS stipulating a property regime other than
LEGAL SEPARATION - A decree of legal separation or
relative divorce does not affect the marital status, there
being no severance of the vinculum EXCLUSIVE
GROUNDS: (Art. 561. Repeated physical violence or
grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner
 2. Attempt of the be made.
respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or
inducement; 3. Attempt by the respondent against the life of
the petitioner; 4. Final judgment sentencing the respondent
to imprisonment of more than 6 years even if pardoned
5.Drug addiction or habitual alcoholism of the
respondent
 6. Lesbianism or homosexuality of the
respondent
 7. Abandonment of the petitioner by the
respondent without justifiable cause for more than 1 year -
There must be absolute cessation of marital relations,
duties, and rights, with the intention of perpetual separation
(Partosa-Jo vs. CA, G.R. No. 82606, December 18, 1992).
8.Physical violence or moral pressure to compel petitioner to
change religious or political affiliation 9. Contracting by
respondent of a subsequent bigamous marriage; and 10.
Sexual infidelity or perversion.
GROUNDS FOR DENIAL OF PETITION (Art. 56 1.
Condonation of the offense or act complained of; 2. Consent
to commission of offense or act complained of; 3
Connivance between parties of offense or act constituting
ground; 4 Collusion between parties
- corrupt agreement between the spouses by making it
appear that the marriage is defective due to the existence of
any of the grounds and agreeing to represent such false or
non-existent cause of action before the proper court to
procure divorce or legal separation
5.Mutual guilt or where both parties have given ground for
legal separation 6. Prescription
 7. Death of either party
during the pendency of the case; 8.Reconciliation of the
spouses during the pendency of the case
R & O- Live together; Observe mutual love, respect and
fidelity; Render mutual help & support; Fix the family
domicile; Joint responsibility for the support of the family;
Joint management of the household
RULE IF BUSINESS BENEFITED FAMILY 1. Debts and
obligations incurred of whatever nature and regardless of the
time they were incurred but redounding to the benefit of the
family shall be chargeable to the ACP or the CPG; 2. An
obligation incurred as a result of a spouse’s exercise of a
legitimate shall be shouldered by the ACP or CPG.
PROPERTY R: 1 Marriage settlements (MS) executed
before the marriage or ante nuptial agreements. 2 Provisions
of the Family Code. 3 Local customs when spouses
repudiate ACP; 4 In the absence of local custom, rules on
co–ownership will apply 

If marriage is terminated by death of one of spouses and
of properties of previous marriage within 1 year from death
of deceased spouse, mandatory regime of complete
subsequent marriage (Arts. 103 & 130)
ACP (Art. 84). 2.Donation in MS not more than one-fifth (1/5)
of present property (Art. 84)
Any excess shall be considered void and the donation will be
reduced to one-fifth.
However, if their property regime is ACP, no reduction will
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
3. Accepted by would-be spouse
 4.Complies with
requisites in Title II of Book II of Civil Code on Donations.
Grounds for revocation (VoCALRI)
 1.Marriage not
celebrated or declared Void ab initio; Marriage without
parental consent 3 Marriage is annulled and donee is in bad
faith 4.Upon legal separation, the donee being the guilty
spouse
 5. Complied with resolutory condition
 6.Donee
commits acts of ingratitude as specified by Art. 765 of NCC
(Art. 86).
ABSOLUTE COMMUNITY OF PROPERTY (ACP) The
property regime of the spouses in the absence of a marriage
settlement or when the marriage is void. This is so because
it is more in keeping with Filipino culture.
General Rule: Community property shall consist of all
property owned by the spouses at the time of the marriage
or acquired thereafter (Art. 91).
Exceptions: (BEG)
1.Property, including fruits and income thereof, acquired
before the marriage by either spouse who has legitimate
descendants by a former marriage
2. Property for personal and exclusive use except jewelry
3.Property acquired during the marriage by gratuitous title,
including fruits and income thereof, except when the donor,
testator or grantor expressly provides otherwise (Art. 92)
CONJUGAL PARTNERSHIP OF GAINS (CPG) It is that
formed by a husband and wife whereby they place in a
common fund the proceeds, products, fruits and income of
their separate properties, and those acquired by either or
both spouses through their efforts or by chance, the same to
be divided between them equally (as a general rule) upon
the dissolution of the marriage or the partnership (Art. 106).
Properties under conjugal partnership (L2C2 FONTI)
1.Obtained from labor, industry, work or profession of either improvement
or both spouses
 2.Livestock existing upon dissolution of 7) Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
partnership in excess of number of each kind brought to the
commencing or completing professional or vocational course
marriage by either spouse 3 Acquired by chance such as
or other activity for self-improvement
winnings from gambling, 
 but losses therefrom shall be 8) Expenses of litigation between spouses unless suit found
borne exclusively by loser- 
 spouse 4 Acquired during the to be groundless
9) ACP 1) Ante-Nuptial Debts Chargeable to ACP if
marriage by onerous title with 
 conjugal funds 
 redounded to benefit of family 2) Personal debts not
5. Fruits of the conjugal property during the marriage
 6. redounding to benefit of family such as liabilities incurred by
reason of crime or quasi-delict, chargeable to separate
Acquired through occupation such as fishing
 7. Net fruits of property of debtor spouse 3) In case of insufficiency of
their exclusive property
 8. Share of either spouse in hidden separate property, chargeable to ACP but considered
advances deductible from share of debtor-spouse upon
treasure (Art. 117) 9.Interest falling due during the marriage
on principal amount of credit belonging to one spouse which liquidation 

is payable in partial payments/ installments and collected CPG: For Ante-Nuptial Debts, same as ACP but in case of
during the marriage (Art. 119). insufficiency of separate property, obligations enumerated in
Exclusive property of each spouse (OGREC) (Art. 109) 1. Art. 121 must first be satisfied before such debts may be
That which is brought to the marriage as his/her own, chargeable to the C
whether with or without legitimate descendants 2. Acquired Remedies of present spouse in case of abandonment by
during the marriage by gratuitous title 3. Acquired by right of the other spouse or failure to comply with obligations
redemption, barter or exchange with property belonging to (marital, parental or property relations) 1.
either spouse 4. Purchased with exclusive money of either Receivership
 2. Judicial separation of property
 3.
spouse 5. Principal amount of credit belonging to one
Authority to be the sole administrator of the absolute
spouse payable in partial payments/ installments, which will
community
be fully paid during the marriage (Art. 119).
CHARGES UPON AND OBLIGATIONS OF ACP and CPG Grounds for termination 1. Decree of legal separation
 2.
1) Support of the spouses, their common children, and Annulment or declaration of nullity M of 3. Death of either
legitimate children of either spouse spouses 4. Judicial separation of property

2) ACP - For illegitimate children, support from separate
General Rule: The separation in fact between husband and
property of person obliged to give support. In case of
wife shall not affect the regime of ACP/CPG
insufficiency or absence of separate property, ACP shall
Exceptions: 1The spouse who leaves the conjugal home or
advance support, chargeable to share of parent upon
refuses to live therein, without just cause, shall not have the
liquidation;
right to be supported; 2. When the consent of one spouse to
CPG - For illegitimate children, support from separate
any transaction of the other is required by law, judicial
property of person obliged to give support. In case of
authorization shall be obtained in a summary proceeding; 3
insufficiency or absence of separate property, CP shall
In the absence of sufficient community property, the
advance support, chargeable to share of parent upon
separate property of both spouses shall be solidarily liable
liquidation, but only after obligations in Art. 121 have been
for the support of the family.
covered
THE FAMILY The family is a basic social institution which
3) Debts and Obligations Contracted During Marriage a) By
public policy cherishes and protects (Art. 149); hence, no
the administrator spouse designated in MS/appointed by
suit between members of the family shall prosper unless a
court/one assuming sole 
 administration 
 b) By one compromise between the parties has failed (Art. 151).
without the consent of the other c) By one with the consent Family relations are governed by law and no custom,
of other d) By both spouses 
 practice or agreement destructive of the family shall be
recognized or given effect (Art. 149).
For (a) and (b), creditor has burden of proving benefit to
family and ACP/CPG chargeable to extent of benefit proven, Family relations include:
 1. Between husband and
otherwise, chargeable to separate property of obligor spouse wife
 2. Between parents and children
 3. Among other
For (c) and (d), benefit to family presumed
4) All taxes, liens, charges and expenses including minor ascendants and descendants
 4.Among brothers and
repairs upon ACP or CP sisters whether full or half–blood (Art. 150)
5) ACP: Taxes and Expenses for mere preservation during Mandatory Prior Recourse to Compromise No suit
marriage upon separate property of either spouse used by between members of the same family shall prosper UNLESS
family it appears from the verified complaint or petition that earnest
CPG: Taxes and Expenses for mere preservation during efforts toward a compromise have been made, and that the
marriage upon separate property of either spouse, same have failed. If it is shown that no such efforts were, in
regardless of whether used by family because use and fact, made, the case must be dismissed (Art. 151).
enjoyment of separate property of the spouses belong to the EX: In cases where compromise is invalid under the Civil
partnership Code (Art. 2035): (CV JAFF)
 a. Civil status of persons
 b.
6) Expenses to enable either spouse to commence/complete
Validity of marriage or a legal separation c. Jurisdiction of
a professional, vocational or other activity for self-
courts
 d. Any ground for legal separation e. Future
support
 f. Future legitime
FAMILY HOME It is constituted jointly by the husband and
wife or by an unmarried head of a family; is the dwelling
house where they and their family reside, and the land on
which it is situated (Art. 152). General Rule: The family
home is exempt from execution, forced sale or attachment.
Exceptions: (PLMN)
 1. Debts incurred prior to constitution
; 2. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished materials for the construction of the building (Art.
155); 3. Debts secured by mortgages on family home (Art.
155); 4. Non–payment of taxes on home (Art. 155)