Title IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
CHAPTER 1 – GENERAL PROVISIONS
Articles 74-77
Art. 74. The property relationship between husband
and wife shall be governed in the following order:
(1) By marriage settlements executed before the
marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of a marriage settlement, or when the regime
agreed upon is void, the system of absolute
community of property as established in this Code
shall govern. (119a)
Art. 76. In order that any modification in the
marriage settlements may be valid, it must be made
before the celebration of the marriage, subject to the
provisions of Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any
modification thereof shall be in writing, signed by the
parties and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry
where the marriage contract is recorded as well as in
the proper registries of properties. (122a)
Marriage seeks to establish as much as possible
the complete union of a husband and wife.
However husband and wife shall primarily be
governed by their marriage settlement. This
agreement must be in writing, signed by the
parties, and made PRIOR to the marriage.
In the Family Code, the requirement that an ante-
nuptial agreement must b in writing is mandatory.
An oral marriage settlement, is VOID and cannot
be ratified.
Contracting parties can agree on any arrangement
in their marriage settlement that is not contrary to
law and public policy.
Exception:
 Parties cannot stipulate that the property
regime will start at a time other than the
precise moment of celebration of
marriage (void under Arts. 88 and 107)
 Parties cannot stipulate that they can
make any substantial donation to each
other during their marriage (void under
Art. 87)
 In subsequent remarriage after the death
of a spouse, where there has been no
liquidation of properties of the previous
marriage, the surviving spouse cannot
execute a marriage settlement providing
for a regime other than complete
separation of property (void under Arts.
103 and 130)
Arrangement may stipulate that the conjugal
partnership of gains, the complete separation
of property, or any other regime shall govern the
marital property.
If there is not marriage settlement or if it is void,
absolute community of property will prevail.
Parties may like wise design their own property
regime which is not in violation of any law. Ex:
“Mixed-Up Property Regime.”
To bind 3rd persons, marriage settlement must be
REGISTERED in the local civil registrar where
the marriage contract is recorded and in the
proper registries of property.
The relationship between parties to an ante-
nuptial agreement is one of MUTUAL TRUST
AND CONFIDENCE.
Element of fairness should be measured as of the
time of the execution of the agreement. However,
if the agreement is not fair and reasonable, its
effectivity can still be maintained if it is shown
that the disadvantaged spouse had some
understanding of her rights to be waived or
prejudiced or in any manner affected by the
agreement when he/she signed
The burden of proof of the invalidity of a pre-
nuptial agreement is on the spouse alleging it.
As exception, modification can be made after the
marriage ceremony in instances provided in Arts.
66, 67, 128, 135, and 136 of the Family Code.
Such post marriage modification shall need
judicial approval.
Local customs shall apply when:
 Parties stipulate in the marriage
settlement that local custom shall apply.
 Parties stipulate that absolute community
of property regime shall not govern but
fail to stipulate what property regime
shall be applied.
Articles 78 and 79
Art. 78. A minor who according to law may contract
marriage may also execute his or her marriage
settlements, but they shall be valid only if the persons
designated in Article 14 to give consent to the
marriage are made parties to the agreement, subject
to the provisions of Title IX of this Code.
Art. 79. For the validity of any marriage settlement
executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to
any other disability, it shall be indispensable for the
guardian appointed by a competent court to be made
a party thereto.
Applicability is now in doubt by virtue of RA
6809 which provided that a person attains the age
of majority upon reaching 18 years of age. Art. 78
has been IMPLIEDLY REPEALED considering
that no minor now ay contract a valid marriage.
Now, and 28-year-old deciding to marry may
validly execute a marriage settlement without
the consent of his/her father, mother,
surviving parent or guardian, or person
having legal charge of them.
Article 79 makes it mandatory that, in case a
person with a sentence of civil interdiction or any
other disability decides to marry and execute a
marriage settlement, the guardian must be made a
party.
Article 80
Art. 80. In the absence of a contrary stipulation in a
marriage settlement, the property relations of the
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and
executed in the country where the property is located;
and
(3) With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.
If the contracting parties are Filipinos, their
property relations will be governed by Philippine
laws even if they got married abroad or even if
they reside abroad.
Exception:
 It involves properties abroad, in which
case the law of the country where the
properties are located should govern.
 Where both spouses are aliens married
in the Philippines.
Article 81
Art. 81. Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
donations between the prospective spouses made
therein, shall be rendered void if the marriage does not
take place. However, stipulations that do not depend
upon the celebration of the marriages shall be valid.
General Rule: If the marriage does not take place,
the marriage settlement is rendered void.
However, stipulations that do not depend upon
the celebration of the marriage shall be valid.
Example:
A provision to support a common child is clearly
independent to the fact of marriage since a parent
is obliged to support his/her child whether
legitimate or illegitimate.
CHAPTER 2 – DONATIONS BY REASON
OF MARRIAGE
 Articles 82-84
Art. 82. Donations by reason of marriage are those
which are made before its celebration, in
consideration of the same, and in favor of one or both
of the future spouses.
Art. 83. These donations are governed by the rules on
ordinary donations established in Title III of Book III
of the Civil Code, insofar as they are not modified by
the following articles.
Art. 84. If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.
Donations of future property shall be governed by the
provisions on testamentary succession and the
formalities of wills.
Donation by reason of marriage is known as
donation propter nuptias.
It must be made prior to the celebration of
marriage, in consideration of the same, and must
be in favor of one or both of the spouses.
For a donation of present property to be valid,
Title III of Book III of the Civil Code must be
observed:
 Donee must accept the donation
personally or through and authorized
person with a special power for the
purpose
 Acceptance should be made during the
lifetime of the donor.
 For donation of a movable: made orally
or in writing.
 For donation of an immovable: it must
be made in a public document.
For donation of future property, it shall be
governed by the provisions on testamentary
succession and the formalities of a will.
Giving a donation propter nuptias to a would-be
spouse is useless if the property regime to
govern is the absolute community of property as
they become co-owners of property.
For a would-be spouse to make a valid donation,
the following must concur:
1. There must be valid marriage settlement
2. Settlement must stipulate a property
regime other that the absolute
community of property.
3. Donation must not be more than one-
fifth of his/her current property.
4. Donation must be accepted by the
would-be spouse.
5. It must comly with Title III of Book III
of the Civil Code.
One-fifth limitation is not applicable if the
donation is not contained in the marriage
settlement but is contained in a separate deed.
Article 85
Art. 85. Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of
foreclosure of the encumbrance and the property is
sold for less than the total amount of the obligation
secured, the donee shall not be liable for the
deficiency. If the property is sold for more than the
total amount of said obligation, the donee shall be
entitled to the excess.
If the object of donation is subject to a an
encumbrance (burden or impediment) the
donation is still valid. However, the donee’s
right are subject to the encumbrance.
Excess shall go to the donee if the property is
sold and the resulting money is more than the
amount of liability of the donor as, being the
owner of the property, the done is entitled to
whatever value of the property which can be
obtained.
Article 86
Art. 86. A donation by reason of marriage may be
revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially
declared void ab initio except donations made in the
marriage settlements, which shall be governed by
Article 81;
(2) When the marriage takes place without the
consent of the parents or guardian, as required by
law;
(3) When the marriage is annulled, and the donee
acted in bad faith;
(4) Upon legal separation, the donee being the guilty
spouse;
(5) If it is with a resolutory condition and the condition
is complied with;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of the Civil
Code on donations in general.
Donation propter nuptias may be revoked when:
1. Marriage is not celebrated (donor has option
to revoke or maintain).
However, if the donation does not depend on
the celebration of the wedding, donation
shall remain effective.
2. Marriage is judicially declared void.
Void Subsequent Marriage: Donation shall
be revoked by operation of law if the donee-
spouse acted in bad faith. If the done acted
in good faith, the donor has an option to
revoke or not.
Voidable Bigamous Marriage: If both
spouse acted in bad faith, marriage is void
and all donations by reason of such void
marriage shall be revoked by operation of
law.
Other cases where marriage has been
judicially declared void: Good faith or bad
faith is irrelevant. Donor shall have the
option to revoke or not.
Bigamous Marriage: If donation was made
by unmarried party, donation cannot be
revoked. If donation was made by the
married person, donation may be revoked.
Both parties acted in good faith: Donor
may revoke the donation.
3. No consent of parents or guardians
(contracting party is above 18 but below
21): Donation may be revoked by the donor.
does not require that the marriage should
have been judicially annulled first.
4. Annulled marriage and done acted in bad
faith.
Donation is considered revoked by operation
of law. Spouse who acted in bad faith should
not allowed to profit from his act of bad
faith.
5. Legal separation
Donot is given the option to revoke or
maintain. However if the done is the guilty
spouse, donation is void by operation of law.
6. Resolutory Condition and it is met.
Resolutory condition refers to
condition whereby, upon fulfillment
terminates an already enforceable
obligation.
7. Donee committed an act of ingratitude.
Article 28
Art. 87. Every donation or grant of gratuitous
advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate
gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall
also apply to persons living together as husband and
wife without a valid marriage.
Moderate gifts will depend on a case-to-case
basis especially considering the financial capacity
of the donor.
Both indirect and direct donation or grant of
gratuitous advantage shall be void.
The following donations are indirect donations:
 to a stepchild, common child, and adopted
child who has no compulsory heirs and/or
legal heirs, other than the other spouse at the
time of the donation.
 to the parents of the other spouse.
Who can challenge validity of transfer?
Validity of the donation or transfer cannot be
challenged by those who bear absolutely no
relation to the parties of the transfer.