PROPERTY REGIME OF UNIONS

WITHOUT MARRIAGE
(Articles 147-148)
By:
Gen Cabale
Christian Cabrera
JD Salvador
Ruby Santillana

ARTICLE 147
In the absence of proof to the contrary, properties
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. 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 if the formers efforts consisted in the care
and maintenance of the family and of the
household.
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.

When a man and a woman who are capacitated to

marry each other, live exclusively with each other
as husband and wife without the benefit of
marriage or under a void marriage, their wages
and salaries shall be owned by them in equal
shares and the property acquired by both of them
through their work or industry shall be governed
by the rules on co-ownership.

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

ARTICLE 147

Capacitated
to marry
each other
W/o benefit of
marriage or
under a void
marriage

ELEMENTS

Live
exclusively w/
each other as
husband and
wife

1st ELLEMENT
Capacitated
to marry
each other

Refers to legal capacity as provided in Article 5 FC

Any male or female of the age of eighteen years or upwards
not under any of the impediments mentioned in Articles 37 and
38 may contract marriage.

Such incapacity are such as, but not limited to, incapacity to
contract, presence of legal impediments due to previous
marriage, incestuous relationships, marriages against public
policy, or those incapacity that would render a contracting of
marriage void.
Both spouses must be capacitated to marry each other.

2nd ELEMENT

W/o benefit of
marriage or
under a void
marriage

For this Article to apply, there must not be

a marriage between partners or if any, the
same must be void ab initio as provided in
Articles 36, 44, 53, and void marriages
where there is absence of the formal
requisites.

*INCLUDES: marriages of psychological incapacity (Art.36), bad faith

of both spouses in a subsequent marriage (Art.44), failure to comply
with the requirements of Article 52 (Art.53), absence of formal
requisites (Art.3), etc.

3rd ELEMENT

Live
exclusively w/
each other as
husband and
wife

Exclusive cohabitation must be existing for this Article will

apply. A bigamous relationship cannot be held to be an
exclusive cohabitation and, thus, such relationship does not
fall within Article 147.

ILLUSTRATION

ELNA MERCADO-FEHR VS. BRUNO FEHR,

G.R. NO. 152716

Mercado-Fehr vs. Fehr

In March 1983, after a long distance courtship, Elna left Cebu City to live-in
with Bruno, where a child was born on December 3, 1983. They got married
on March 14, 1985.

They purchased on installment a condominium unit, Suite 204 at LCG

Condominium, as evinced by a Contract To Sell dated July 25, 1983
executed by Bruno as the buyer and J.V. Santos Commercial Corporation
as the seller. Elna also signed the contract as witness, using the name Elna
Mercado Fehr. Upon completion of payment, the title to the condominium
unit was issued in the name of Elna.

Mercado-Fehr vs. Fehr

The marriage was declared void on the ground of psychological

incapacity. The judgment became final and executory in the lower
court.

In the declaration of nullity of the marriage case, there arose a

controversy as to the ownership of the said property.
-Whether or not the rule on co-ownership applies

Presumption on Ownership
Absent any proof to the contrary, properties acquired in
such cases are presumed to have been obtained
through joint efforts.
Under Article 147, partners under this setup, even if not
contributing financially to the acquisition of property, are
presumed co-owners of such purchases and are coequal in the ownership thereof.
Efforts alone in the care and maintenance of the family and
household are considered contributions in the acquisition
of the property.

ARTICLE 147

Property
acquired w/
exclusive funds

Property
acquired
through work or
industry

Property
acquired while
they live
together

STRUCTURE

Fruits of
separate
property

Salaries and
Wages

Conjugal Home

ILLUSTRATION

Salaries and
Wages

NOTE: Salaries and wages shall be owned by equal shares.

ILLUSTRATION

Property
acquired w/
exclusive funds

NOTE: Property acquired shall be governed by co-ownership

absent any proof that the same was bought with exclusive funds
which, in such case, shall be owned by him/her exclusively.

ILLUSTRATION

NOTE: Property acquired through work or industry governed by

co-ownership
Property
acquired
through work or
industry

ILLUSTRATION

NOTE: Property acquired while they live together shall be owned

by them in equal shares

Property
acquired while
they live
together

ILLUSTRATION

NOTE: Fruits of separate property are not part of co-ownership

Fruits of
separate
property

ILLUSTRATION

NOTE: Conjugal home will be owned equally

Conjugal Home

Prohibitions

Spouses cant dispose his/her share

without consent of the other or after
cohabitation.

Spouses may alienate in favor of the other

his/her share but cant donate or waive
any interest in co-ownership

Forfeiture

Forfeiture takes place upon termination of

cohabitation.
Net share of the spouse who contracted a
void marriage in bad faith is forfeited to:
Common children
In the event of waiver of common
children, descendants
In the absence of descendants, the
innocent party

ARTICLE 148

In cases of cohabitation not falling under the preceding

Article, 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 contributions.
In the absence of proof to the contrary, their
contributions and corresponding shares are presumed
to be equal. The same rule and presumption shall apply
to joint deposits of money and evidences of credit.

In cases of cohabitation not falling under the

preceding Article, 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 contributions.

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 the party who acted 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
the preceding Article.
The foregoing rules on forfeiture shall likewise apply
even if both parties are in bad faith.

ARTICLE 148

A bigamous
or
polygamous
marriage

A man a woman
living together as
husband and wife,
without benefit of
marriage, but are
not capacitated to
marry;

ELEMENTS

Incestuous
void marriages
under Article
37

An adulterous
relationship even
if it occurred prior
to the effectivity of
the Family Code;

Void
marriages by
reason of
public policy
under Article
38

ILLUSTRATION

LUPO ATIENZA V. YOLANDA DE CASTRO,

G.R. NO. 169698

Atienza vs. De Castro

Lupo, a married man cohabited with Yolanda as husband and wife. During their
coverture, they allegedly acquired a real property and registered it under the
name of Yolanda. Their cohabitation turned sour, hence, they parted.
He filed an action for partition contending that they owned it in common under
the concept of limited co-ownership. Yolanda contended that she alone was the
owner as she acquired it thru her own savings as a businesswoman.
The RTC declared the property subject of co-ownership, but the CA reversed it
as he failed to prove material contribution in the acquisition of the same.

Atienza vs. De Castro

The court held that it is not disputed that the parties herein were not
capacitated to marry each other because Lupo Atienza was validly
married to another woman at the time of his cohabitation with
Yolanda.
-Their property regime, therefore, is governed by Article 148 of the Family Code, which
applies to bigamous marriages, adulterous relationship, relationships in a state of
concubinage, relationships where both man and woman are married to other persons,
and multiple alliances of the same married man

ARTICLE 148

Property
acquired by
either
exclusively by
own funds

Properties
acquired by
both through
their work or
industry

STRUCTURE

Property
Acquired
while living
together

Salaries and
Wages

ILLUSTRATION

Salaries and
Wages

NOTE: seperately owned by the parties and if any of them is

married, his/her salary is the property of the Conjugal Property of
gains of the legitimate marriage

ILLUSTRATION

Property
acquired by
either
exclusively by
own funds

NOTE: It BELONGS to any party

ILLUSTRATION
NOTE: 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 on proportion to
their respective contribution

Properties
acquired by
both through
their work or
industry

-In Juaniza vs Jose 89 SCRA 306, where a woman who was

living in a bigamous relationship with a married man was sought
to be liable for an accident involving a vehicle driven by the
bigamous husband and where the vehicle was registered under
the name of the husband. The SC ruled that the women cannot
be held liable as a co-owner of the vehicle because the vehicle
must be considered the conjugal property of the bigamous
husband and his legitimate spouse.
-In Belcodero vs Court of Appeals, 45 SCAD 400, 227 SCRA 303, it
was held that the property was the conjugal partnership of the
legitimate first marriage and which presumption had not been
convincingly rebutted and that there was no co-ownership
created the bigamous relationship with respect to a property.

ILLUSTRATION

NOTE: No presumption of joint acquisition. When there is

evidence of joint acquisition but none as to the extent of actual
contribution, there is a presumption of equal sharing

Property
Acquired while
living together

FORFEITURE

If one 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 who acted in bad faith is not validly married to another, his/her share shall be
forfeited in the same manner provided for in Art. 147.
The above rules apply even if both parties are in bad faith.

-If a spouse and his bigamous wife who happens to be a relative by consanguinity within the first
civil degree of the former, jointly contribute to their co-ownership while living together, with the
husband contributing his salary and the bigamous-cousin-wife likewise contributing her salary, the
co-ownership shall be liquidated as the share of the spouse who is obviously in bad faith shall
accrue to the absolute community or conjugal partnership of his existing valid marriage while the
share of the bigamous-cousin-wife who is also in bad faith shall be forfeited of their common
children.

DISTINCTION BETWEEN ART. 147 AND ART. 148

ARTICLE 147

ARTICLE 148

APPLICABILITY
PROPERTY REGIME
Salaries
Properties Acquired
Own Funds
Through Work or Industry
Presumption on
Acquisition of Property

Co-ownership

Limited co-ownership

Equal share

Separate ownership

Presumption on co-ownership

Presumption on sole ownership

Presumed to be owned by such

party subject to revocation

Sole ownership to such party

Co-ownership

Co-ownership

Both

Sole ownership

COVERED PROPERTIES
Fruits
Inheritance
Purchased Properties
Salaries

Owned Separately

END.
THANK YOU!
By:
Gen Cabale
Christian Cabrera
JD Salvador
Ruby Santillana