Art.

74-87 - Article
74-87. Persons and
Family Relations
Chapter 1. General Provisions
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)
 The law allows the spouses to fix their
property relations during the marriage
through a device known as marriage
settlement subject only to the condition
that whatever settlement they may have
must be within the limits provided by
this Code.
 In the absence of a marriage settlement
or when the property regime agreed
upon by the spouses in their marriage
settlement is void, the provisions in the
Family Code shall govern the property
relations between the spouses.
 The future spouses may agree upon the
regime of absolute property, conjugal
partnership of gains, complete
separation of property, or any other
regime that is not contrary to law,
customs, public order and public policy.
 Prior to the Family code, the system of
relative community or conjugal property
governs in absence of a marriage
settlement. Now, the system of absolute
community or conjugal property
governs in
absence of a marriage settlement or if the
settlement is void.
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)
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.
(120a)
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. (123a)
 A marriage settlement or ante nuptial
contract is a contract which is entered
into before, but in consideration and
contemplation of marriage, where the
property relations of marriage are fixed
and determined.
 The marriage settlement itself or its
modifications thereto must be made
prior to the celebration of marriage. It is
however possible for the parties to
modify their agreement in their
settlement by resorting to complete
separation of property pursuant to the
provisions of Art. 135 or 136 FC. Also, if
one of the parties to the marriage is
suffering from civil interdiction or any
incapacity to give consent, it is
indispensable for the guardian appointed
by a component court to be made a part
of party thereto, otherwise the
settlement is void.
 The law requires that the settlements
and any modifications to be made be
done in writing. Prior to the FC, marriage
settlements were governed by Art. 122
NCC. Notwithstanding express provisions
in the present article, the marriage
settlements and its modifications shall be
governed by Statute of Frauds under
Art.1403, par 2 sub- par C: “Any
agreement made in the consideration of
the marriage, other than a mutual
promise to marry.
 A contract that infringes the Statute of
Frauds is not void but unenforceable, it
must be ratified. An oral marriage
contract is unenforceable since its
existence
cannot be proven without a written agreement.
 For a marriage settlement to affect third
persons, it is necessary that it be in
writing and registered in the local civil
registry and proper registries of property.
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) (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
(1) (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. (124a)
This rule shall not apply in these cases:
 If there is contrary stipulation in the
marriage settlement
 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
 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.
 The future spouses are free to stipulate
in their settlement what laws shall
govern their property relations especially
if they are residents in a foreign country.
However, that with respect to the
mandatory provisions of the FC, that
shall govern since the freedom of the
spouses to stipulate must be gone within
the limits provided by the FC.
 Philippine laws shall not apply to
contracts in relations properties not
located in the Philippines, Following Art.
16 NCC, the issues relating property,
whether personal or real, shall be
governed by the law where such
property is located.
 Above provisions also apply if one of the
parties in the marriage is a Filipino
citizen.
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.
(125a)
 The celebration of marriage is a
condition sine qua non for the validity of
the marriage settlement.
 In donations propter nuptias, the fact
that the marriage did not take place
does not render the donation void,
except if the donation is contained in
the marriage
settlement itself, it only gives rise to the cause to
revoke to which if not revoked shall remain valid.
 The rule does not apply to any provision
where its validity does not depend on the
celebration of the marriage.
Chapter 2. Donations by Reason of Marriage
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. (126)
 Donations propter nuptias are those
made before the celebration of marriage,
in consideration of the same and in favor
of one or both spouses.
 The following requisites are required
before a donation can be considered as
donation propter nuptias:
o Must be made before the
celebration of the marriage
o Must be made in the
consideration of the marriage
o Must be in favor of one or both
spouses
 The marriage is a consideration but not
necessary to give birth to the obligation
(Art. 86 par 1 FC). This donation would
remain valid if the proper action were not
instituted or not instituted before the
lapse of the statutory period for
prescription.
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. (127a)
 Under the Civil Code, the donations
propter nuptias were governed under
the Statute of Frauds under Art. 122
NCC. Under the Family Code, the same
formal requirements must follow Articles
748 and 749 NCC; otherwise such
donations shall be void.
 If what is donated is personal property
has a value that exceeds than 5,000
pesos, the law requires that such
acceptable also be in writing, otherwise
the donation is void. If donations are
real property, the law requires that the
acceptance must be in a public
instrument and if it is made in a separate
instrument, there is an additional
requirement that the donor be notified in
an authentic form and this step should
be noted in both instruments, otherwise
the donations shall be void.
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.
(130a)
 Donations propter nuptias must be made
by either or both of the spouses,
 If the donation is to be made by one of
the future spouses in favor of the
other in a marriage settlement, such donation
must not exceed one fifth of the present property
of the donor, if the property regime agreed upon
in the marriage settlement is other than absolute
community. The excess shall be void. If it is
absolute community, then there is no limitation.
The reason is that in absolute community, both
spouses are co-owners of all the property at the
time of the marriage or thereafter, unless
otherwise provided in Art. 92 or in the marriage
settlement.
 In the situation where he future spouses
agreed upon a regime other than
absolute community but the donation
propter nuptias by one spouse in favor of
the other is not contained in the marriage
settlement, the one fifth rules shall apply
as long as the regime is not absolute
community. The reason based on the
policy that no spouse should be allowed
to take advantage of the love and
feelings of the other to acquire property
from the latter.
 Donations propter nuptias for future
property are not prohibited, however they
will be governed by provisions on
testamentary succession and formalities
of wills which are effective after the
death of the spouse.
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 done shall not be liable for the
deficiency. If the property is sold for more
than the total amount of
said obligation, the done shall be entitled to rise to a cause for revocation, the rule
the excess. (131a) is that voidable marriage must be
annulled.
1. If the marriage is not celebrated or  If there is legal separation, the
judicially declared void ab initio innocent spouse has the right to
except donations made in the revoke donation.
marriage settlements, which shall  If a donation is subject to a
be governed by Article 81; resolutely condition and the
 Donations propter nuptias are condition is fulfilled, the donor
valid except if made in the acquires a right to revoke the
marriage settlement. donation.
 Non-celebration of the marriage  Donations are revocable by
only gives grounds for reason of ingratitude based on
revocation of such donations. presumed will of the donor as a
2. When the marriage takes place penalty for failing to observe the
without the consent of the parents moral imperatives that devolve
or guardian, as required by law; upon him by virtue of benefit
3. When the marriage is annulled, and received from donation. Such
acts are those referred in Art.
the donee acted in bad faith;
765 NCC (Offense against the
4. Upon legal separation, the donee person, the honor or property of
being the guilty spouse; the donor, or of his wife, children
5. If it is with a resolutory condition under his parental authority;
and the condition is complied with; donor imputes to the donor
6. When the donee has committed an criminal offense of moral
act of ingratitude as specified by turpitude, even though he should
the provisions of the Civil Code on prove it unless crime is against
donations in general. (132a) the donee, his wife or children
 If marriage is judicially declared under his parental authority;
void ab initio, donations shall unduly refusal of the donee to
remain valid but such grounds support the donor even though
gives rise for revocation. If it is he is legally and morally bound to
declared void ab initio under Art. do so).
40 FC, then such donations is  Except those under Art, 86(4)
revoked under operation of law and 64, the FC does not give a
(due to Art. prescription period for actions to
50 making Art. 43 and 44 applicable for marriages revoke donations. Under Art. 64,
void under Art. 40) the innocent spouse may revoke
 If marriage is annulled, the the donations made by him in
donee in bad faith gives grounds
for the donor to revoke the
donation. To give
favor of the offending spouse after the finality of the declaration of legal separation, where it must be
within 5 years after the decree is final. For acts of ingratitude under Art. 86 (6), the period is one year for
revocation of donations and donations p.n.

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. (133a)

 Donating to each other is prohibited during the marriage. However, such rule is not absolute as it
recognizes the validity of moderate gifts during family rejoicing.
 Husband and wife are prohibited from selling property to each other, such sale is deemed void,
except under Art. 1490 NCC under the following conditions (due to the remoteness of danger of
fraud in contracts of sale that may be celebrated between husband and wife):
 o When a separation of property was agreed upon in the marriage settlements
o Where there has been a judicial separation of property under Art. 135 and 136 FC
 Such exceptions do not apply in the prohibition between spouses from
 donating to each other under Art. 87
unless their regime is complete
separation of property or otherwise.
 The spouses are prohibited from
leasing each other parcels of land as
stated in Art. 1646 NCC.