LEGAL SEPARATION

 Art. 63. The decree of legal separation shall have the following
effects:
(1) The spouses shall be entitled to live separately from each other,
but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the
innocent spouse. and

(4) The offending spouse shall be disqualified from inheriting from

the innocent spouse by intestate succession. Moreover, provisions
in favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law.
(5) Revocation of the innocent spouse of donations made in favor
of the offending spouse

(6) Cessation of mutual support

Art. 66. Effects of reconciliation consequences:

 (1) The legal separation proceedings, if still pending, shall

thereby be terminated at whatever stage; and

(2) The final decree of legal separation shall be set aside, but
the separation of property and any forfeiture of the share of the
guilty spouse already effected shall subsist, unless the spouses
agree to revive their former property regime.

 The court's order containing the foregoing shall be recorded in

the proper civil registries.
Art. 67. The agreement to revive the former property regime shall
be executed under oath and shall specify:

(1) The properties to be contributed anew to the restored regime;

(2) Those to be retained as separated properties of each spouse;

and

(3) The names of all their known creditors, their addresses and the
amounts owing to each.
 AM NO. 02-11-10-SC
Procedure for voidable marriages
(1) A voidable marriage ‘cannot be collaterally attacked
except in a direct proceeding instituted during the
lifetime of the parties so that on the death of either, the
marriage cannot be impeached, and is made good ab
initio.

(1) (2) An action to annul the voidable marriage must be

brought before death of either contracting party.
(3) The voidability of the marriage may only be raised in a direct
proceeding. Article 47 of the Family Code only speaks of an ‘action
for annulment’ which is a direct proceeding.

(4) The action to annul a voidable marriage may prescribe. The

prescriptive periods are found under Article 47 Family Code.
Voidable marriages can be assailed only during the lifetime of the
parties and not after death of either, in which case the parties and
their offspring will be left as if the marriage had been perfectly
valid’.
 AM NO. 02-11-10
FOR VOID MARRIAGES
Who can file?

A void marriage may be filed solely by the husband or the

wife.

If filed, the case shall be closed and terminated upon the

death of either parties at any stage of the proceeding prior to
entry of judgment.

*After the death of either party, direct proceeding may no longer

be filed by the party. However, heirs can still protect their
successional rights in a collateral proceeding.
 AM No. 02-11-10-SC does not apply to:

 Those nullity of marriages commenced before

March 15, 2003, the effectivity date of A.M. No.
02-11-10-SC; and

 Those marriages filed vis-à-vis marriages

celebrated during the effectivity of the Civil
Code and, those celebrated under the regime of
the Family Code prior to March 15, 2003.
 (I) During the lifetime of the spouses (or before either spouse
dies).

 (I.1) The absolute nullity of the marriage may only be declared in a

direct proceeding brought precisely for the purpose of declaring
such marriage void.

 (I.2) The spouses itself to the marriage, and other interested third
persons may not invoke the nullity of the void marriage (whose
nullity has not been finally declared in a direct action), in order to
seek affirmative relief or by way of defense in any collateral
proceeding.
 I.3) If the nullity of the void marriage has been finally declared
in a direct action, then any interested party (spouse, children)
may rely on the final judgment in the direct action, for any
relevant purpose in any collateral proceeding, as a consequence
of the doctrine of res judicata (bar by prior judgment).

 (I.4) the personality to institute the direct action solely belongs

to the husband and the wife: see Section 2(a) A.M. No. 02-11-10-
SC which states that a ‘petition for declaration of absolute
nullity of void marriage may be filed solely by the husband or the
wife’.
(II) After the death of either spouse

 (II.1) After the death of either spouse, there is no more

limitation to the susceptibility of a void marriage being
subject to a collateral attack by interested persons
(including heirs). After death, the potential for
collusion is lessened. During the spouses’ lifetime,
there is a high chance of collusion between spouses to
manufacture grounds to nullify their marriage in order
to remarry.
 The Property relations of the Husband
and Wife shall be governed by the
following:
1. Marriage Settlement;

2. Provisions of the Family Code;

3. Local Custom
 Marriage Settlement

- Contract entered into by spouses about

to be married for the purpose of fixing
the terms and conditions of their
property relations with regard to their
present and future property.
 REQUISITES
1. It must be in writing;
2. It must be signed by the parties;
3. It must be executed before the marriage;
4. In order to bind third parties, it must be registered.

Additional requisites:
5. If one spouse is between 18-20 yrs old, must be made parties to
the Marriage Settlement;
6. Sentenced with Civil Interdiction, Guardian appointed by the
court must sign;
 Modification in the Marriage
Settlement
1. Must be in writing;
2. Signed by the parties;
3. Executed before the celebration of the marriage
4. Shall not prejudice third persons unless it is registered.
 Effect of Non-Celebration of the
Marriage
General Rule: The Marriage Settlement is
VOID.

EXCEPT: Those not dependent upon it or it is

not made in consideration of marriage.
 Donation Propter Nuptias
REQUISITES:

1. It must be made before the celebration of the marriage;

2. It must be made in consideration of marriage;

3. It must be made in favor of one or both future spouses.

 REQUISITES if donation is made by
one spouse in favor of the other
1. There must be a marriage settlement stipulating a property
regime other than Absolute Community of Property;

2. Donation in the Marriage Settlement be not more than 1/5 of

the present property;

3. There must be acceptance by the other spouse.

 Revocation of Donation by the Donor

1. Marriage is not celebrated or it is judicially declared void ab

initio;

2. Marriage takes place without the consent of the parents or

guardians as required by law;
3. When the marriage is annulled and the done acted in bad faith;
4. Upon legal separation, the done being the guilty spouse;
5. If the donation is with a resolutory condition and the condition
is complied with;
6. Donee has committed an act of ingratitude.
 DONATIONS During the Marriage

GR: VOID

Except: Moderate gifts on occasions of family rejoicing.

SALE BETWEEN SPOUSES during the
MARRIAGE

Except:
a. Separation of property was agreed upon in the
marriage settlement;
b. Judicial Separation of property

Reason: It renders remote all danger of fraud.

 ACP CPG
When applicable? When spouses:
a. Adopt it in a marriage settlement; a.) When the future
b. Do not choose any economic system spouses adopt it in a
(property regime); marriage settlement
EXCEPT:
b.) Marriage was
* CPG for marriages celebrated prior to celebrated prior to the
the effectivity of FC. family code and the
*Subsequent marriage contracted within spouses do not have a
1 year from the death of the deceased marriage settlement
spouse w/o liquidation of the ACP/CPG, a
mandatory regime of complete
separation of property shall govern the
subsequent marriage.

c. Adopted a different property regime

and the same is void
 ACP
INCLUSIONS
All the property owned by
the spouses:
a. at the time of the
celebration of the marriage;
or
b. acquired thereafter;
2. Property acquired during
the marriage by gratuitous
title, if expressly made to
form part of the community
property by the donor,
testator or grantor;
3. Jewelries, etc.;
4. Winnings in gambling
CPG
Those acquired during the marriage
with conjugal funds;
2. Those obtained from labor,
industry, work or profession of either
or both spouse;
3. Fruits of conjugal property due or
received during the marriage and net
fruits of separate property;
4. Share of either spouse in hidden
treasure;
5. Those acquired through occupation
such as hunting or fishing;
6. Livestock in excess of what was
brought to the marriage;
7. Those acquired by chance such as
winnings in gamblings and bettings.
 ACP
EXCLUSIONS
1.Property acquired during the marriage
by gratuitous title and its fruits;
XPN: If expressly provided by the
donor, testator or grantor that they
shall form part of the community
property
2.Property for personal and exclusive use
of either spouse;
XPN: Jewelries shall form part of the
ACP because of their monetary value.
3.Property acquired before the
marriage by one with legitimate
descendants by former marriage and its
fruits and income;
4.Those excluded by the marriage
settlement.
CPG
1. Those brought into the
marriage as his/her own;
2.Those acquired during the
marriage by gratuitous
title;
3. Those acquired by right
of redemption, barter or
exchange with exclusive
property;
4. That purchased with
exclusive money of either
spouse.
 ACP
CHARGES 1. Support of the family;
2. Debts and obligations during the
marriage
3. Taxes and liens , charges and expenses
4. Taxes and expenses for the preservation
of the separate property of the spouse
used by the family
5. Expenses for professional/self-
improvement
6. Antenuptial debts which redound to the
family
7. Value of what is donated/promised by
both spouses for their common child for
prof’l/self improvement.
8. Advances to be charged to ACP
9. Litigation expenses bet spouses except
if groundless
CPG
The same except that
advances for
fines/indemnities/debt can
be chargeable to the
partnership assets provided
that the charges in Art. 121
have already been covered if
the spouse who is bound to
pay has no exclusive
property/insufficient.
For taxes and expenses for
the preservation of the
separate property of the
spouse whether used by the
family or not.
 ACP CPG
OWNERSHIP, GR: It belongs to both spouses Same with ACP
Administration, jointly.
Enjoyment and XPN: If one spouse is incapacitated
Disposition or otherwise unable to participate
in the administration of the
common properties – capacitated
or able spouse may assume sole
powers of administration
But such powers do not include:
Disposition;
Alienation; or
Encumbrance of the conjugal or
community property.
* In case of disagreement,
husband’s decision shall prevail
subject to judicial recourse by the
wife
 ACP CPG
Effect of Will not affect the ACP but: SAME with
Separation In fact ACP
The spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the right
to be supported;
When consent of one spouse to any transaction of the
other is required by law, judicial authorization shall be
obtained in a summary proceeding.
In case of insufficiency of community or conjugal
partnership property, separate property of both spouses
shall be solidarily liable for the support of the family.
Spouse present shall, upon proper petition in a summary
proceeding, be given judicial authority to administer or
encumber any specific separate property of the other
spouse and use the fruits or proceeds thereof to satisfy the
latter’s share.
(Arts. 100 & 127, FC)
 ACP CPG

DISSOLUTION Same with ACP

1.Death of either spouse;
2. Legal separation;
3. Annulment;
4. Judicial separation of property
during marriage.

Effect of What is divided equally between The separate property of the

Dissolution the spouses or their heirs is the spouses are returned and only
net remainder of the properties the net profits of the
of the ACP partnership are divided equally
between the spouses
 LIQUIDATION OF ACP
1. Inventory of all properties;

2. Payment of community debts;

Note: First, pay out of the community assets. If not enough, husband and the wife
are solidarily liable for the unpaid balance with their separate properties

3. Delivery to each spouse of his/her remaining exclusive properties;

4. Equal division of net community assets

Unless there is:
 a. An agreement for a different proportion; or
 b. A voluntary waiver of such share;

5. Delivery of the presumptive legitimes of the children;

6. Adjudication of conjugal dwelling and custody of common children.

 LIQUIDATION OF CPG

1.Inventory of all the properties;

2. Restitution of advances made to each of the spouses;
3. Reimbursement for use of exclusive funds;
4. Debts and obligations of the CP are paid;
5. Delivery of exclusive properties
6.Payment of losses and deterioration of movables
belonging to each of the spouses;
7. Division of the net conjugal partnership;
8. Delivery of the children’s presumptive legitimes;
9. Adjudication of conjugal dwelling and custody of children.
 JUDICIAL SEPARATION OF
PROPERTY

1.Civil interdiction of the spouse of petitioner;

2. Judicial declaration of absence;
3. Loss of parental authority as decreed by the court;
4. Abandonment or failure to comply with family
obligation;
5. Administrator spouse has abused authority;
6. Separation in fact for one year and reconciliation is
highly improbable.
 EFFECTS:

1. The absolute community or conjugal partnership is

dissolved;
2. The liability of the spouses to creditors shall be
solidary with their separate properties;
3. Mutual obligation to support each other continues;
XPN: When there is legal separation
4. Rights previously acquired by creditors are not
prejudiced.
 ABSOLUTE SEPARATION OF
PROPERTY

When applicable?

1. When future spouses adopt it in a marriage settlement

2. ACP or CPG is dissolved
3. Prior marriage is dissolved due to death of one spouse and
surviving spouse failed to comply with the requirements under
Art 103 (judicial settlement proceeding of the estate of deceased
spouse)

4.By judicial order. Judicial separation of property may either be

voluntary or for sufficient cause.
REVIVAL OF PROPERTY REGIME THAT EXISTED PRIOR
TO JUDICIAL SEPARATION OF PROPERTY
(Only upon motion to the Court)
1. Civil interdiction is terminated;
2. Absent spouse re-appears;
3. Court, after being satisfied that spouse granted the
power of administration will not again abuse the
power, authorizes resumption of administration;
4. Spouse who left conjugal home w/o decree of legal
separation resumes common life with the other;
5. Parental authority is judicially restored to the spouse
previously deprived thereof;
6. Reconciliation between spouses who were separated in
fact;
7. Joint petition by the spouses who agree to the revival of
former property regime after voluntary dissolution of
ACP/CPG. However, no voluntary separation of property may
thereafter be granted.
 Rights of the Spouses under
Absolute Separation of Property
Regime

1. Each spouse shall administer, dispose of, own,

possess, and enjoy his or her own separate
property, without need of the consent of the other.

2. Each spouse shall own all earnings from his or her

profession, business and industry and all fruits,
natural, industrial or civil, due or received during the
marriage from his or her separate property.
 Liabilities of the Spouses

GR: Both spouses shall bear the family expenses in

proportion to their income.

XPN: In case of insufficiency or default thereof, to the

current market value of their separate properties.
Spouses shall be solidarily liable to creditors for family
expenses.