LEGAL ASPECTS OF REAL

ESTATE
BS IN REAL ESTATE MANAGEMENT PROFESSIONAL PROGRAM

PAMANTASAN NG LUNGSOD NG MAYNILA

MORRIS MARCO S. LIM, J.D.

 Property Relations Under the Family
Code

https://www.bria.com.ph/wp-content/uploads/
2022/08/What-happens-to-conjugal-properties-during-
separation-900x600.png
 MARRIAGE
Marriage is 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. It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during marriage within
the limits provided by this Code. (Article 1, Family Code of the Philippines.)

https://static.vecteezy.com/
https:// system/resources/
transform.octanecdn.com/ previews/012/374/987/
cdn/https:// original/cute-cartoon-
octanecdn.com/ beautiful-bride-and-groom-
farzadlawcom/ couples-on-his-knees-
farzadlawcom_210707856.p png.png
ng
 MARRIAGE ORDINARY CONTRACT
1. Both a contract and a social 1. A mere contract. (Note of the
institution. elements of a contract, (1) Object;
(2) Consent; and (3) Consideration)
2. Stipulations are fixed by law and not
by the parties, except in case of 2. Stipulations are generally fixed by
marriage settlement for purposes of the parties thereto.
fixing property relations.
3. Can be ended by mutual agreement
3. Can be dissolved only by death or or rescinded or annulled by other legal
annulment, not by mutual agreement. causes.
ESSENTIAL REQUISITES OF MARRIAGE
1. Legal capacity of the contracting parties who must be a male and a female; and
2. Consent freely given in the presence of the solemnizing officer. (Article 2, FC)
Notes: Absence of any of the essential requisites of marriage will render such marriage
VOID AB INITIO. A defect in any of the essential requisites of marriage will merely render the
marriage VOIDABLE. (Article 4, FC)
FORMAL REQUISITES OF MARRIAGE
3. Authority of the solemnizing officer;
4. A valid marriage license; and
5. A marriage ceremony in the presence of not less than two witnesses of legal age. (Article 3,
FC)
Notes: Absence of any formal requisites of marriage will render such marriage VOID AB
INITIO. An irregularity in the formal requisites of marriage, will not affect the validity of marriage,
but the party or parties responsible for such irregularity shall be held civilly, criminally, and
administratively liable.
MARRIAGE LICENSE
The absence of marriage license makes the marriage void. A
Certification of the Local Civil Registrar that no marriage license was issued
is sufficient to prove such absence of license.

The license shall be valid in any part of the Philippines for a period of
one hundred twenty (120) days from the date of issue, and shall be deemed
automatically canceled at the expiration of the said period f the contracting
parties gave not made use of it. (Article 20, FC)
EXEMPTIONS

1. Marriage among Muslims or members of Ethnic Cultural Communities, provided such were
solemnized in accordance with their customs, rites and practices;

2. Marriage solemnized outside the Philippines where no marriage license is required by the country
where the marriage was solemnized;

3. Marriage of a man and woman who have lived together as husband and wife for at least five
years (continuously before the marriage [Niñal vs. Bayadog, G.R. No. 133778, March 14, 2000])
and without legal impediment to marry each other; Note: An Affidavit of Cohabitation is
required and a false Affidavit is not a mere formal irregularity, hence, the marriage is VOID.

4. Marriage in Articulo Mortis; and

5. Marriage in Remote places - the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the local civil registrar.
VOID MARRIAGES DUE TO ABSENCE OF ESSENTIAL REQUISITES

1. Marriage contracted by any party below 18 years of age even with parental consent;

2. Marriage solemnized by any person not legally authorized to perform marriages, unless one or
both of the parties believed in good faith that the solemnizing officer had the legal authority to do
so;

3. Marriage solemnized without a license except as otherwise provided;

4. Bigamous or Polygamous marriages;

5. Marriages contracted through mistake of one of the parties to the identity of the other;

6. Subsequent marriages that are void under Article 53 of the Family Code (failure to record in the
civil registry and registries of property the judgement of annulment or of absolute nullity of
marriage, the partition and delivery of presumptive legimite); and

7. Marriage contracted by a party who at the time of the marriage was psychologically
incapacitated.
 Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after its solemnization.

PSYCHOLOGICAL INCAPACITY. Inability to comply with the essential marital obligations of

marriage of one or both of the parties makes the marriage void. The defect of the marriage must be
present at the time of the marriage but manifestations of the psychological incapacity may appear
only later.

Psychological incapacity must be characterized by: (1) gravity; (2) juridical antecedence;
and (3) incurability. The incapacity must be grave or serious such that the party would be incapable
of carrying out the ordinary duties required in marriage; it must be rooted in the history of the party
antedating the marriage, although the overt manifestations may emerge only after marriage; and it
must be incurable or, even if it were otherwise, the cure would be beyond the means of the party
involved. (Santos vs. Court of Appeals, G.R. 112019, January 4, 1995)
Assignment

Read the case of:

CHI MING TSOI vs. COURT OF APPEALS and GINA LAO-TSOI, G.R.
No. 119190 January 16, 1997
VOID FOR BEING INCESTUOUS. Marriages are void whether the
relationships between the spouses are legitimate or illegitimate (Article
37, FC):

1. Marriage between Ascendants and Descendants of any degree; and

2. Marriage between brothers and sisters whether full or half-blood.

VOID FOR BEING CONTRARY TO PUBLIC POLICY (Article 38, FC)

1. Between collateral blood relatives whether legitimate or illegitimate up to the fourth civil degree;

2. Between step-parents and step-children;

3. Between parents-in-law and children-in-law;

4. Between the adopting parent and the adopted child;

5. Between the surviving spouse of the adopting parent and the adopted child;

6. Between the surviving spouse of the adopted child and the adopted;

7. Between an adopted child and a legitimate child of the adopted;

8. Between the adopted children of the same adopted;

9. Between parties where one, with the intention to marry the other, killed the latter’s spouse, or
his/her spouse.
 Note: There is no prohibition with respect to the following and
therefore the marriage between them is valid:

1. Brother-in-law and sister-in-law;

2. Stepbrother and stepsister;

3. Guardian and ward; and

4. Adopted and illegitimate child of the adopted. (Aquino. T.B. 2014.

Reviewer on Civil Law)
VOID SECOND MARRIAGE. The second marriage is void if it is
contracted (without judicial declaration of nullity of previous marriage
(Article 40, FC); without judicial declaration of presumptive death of
absent spouse (Article 41, FC); or where the spouse was presumed
dead, and both the present spouse and would-be spouse were in bad
faith in contracting marriage (Article 44, FC)
 Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-founded
belief that the absent spouse was already dead. In case of disappearance where there is
danger of death under the circumstances set forth in the provisions of Article 391 of the Civil
Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph
the spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
[Article 390, (Civil Code). After an absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an
absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may be opened.
 Article 391 (Civil Code). The following shall be presumed dead
for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and
has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years.]
 Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically
terminated by the recording of the affidavit of reappearance of the absent spouse, unless there
is a judgment annulling the previous marriage or declaring it void ab initio.
EFFECTS OF TERMINATION OF SECOND MARRIAGE
1. The children of the second marriage conceived prior to its termination shall be considered legitimate;
2. The absolute community or conjugal partnership of the second marriage shall be dissolved and
liquidated. If either spouse acted in bad faith, his/her share in the net profits shall be forfeited: (a) in
favor of the common children; (b) if none, in favor of the children of the guilty spouse by previous
marriage; or (c) in default of children, in favor of the innocent spouse;
3. Donations by reason of the marriage remain valid - Exception, if the donee contracted the marriage
in bad faith in which case the donation shall be considered revoked;
4. The innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any
insurance policy; and
5. The spouse who contracted the second marriage in bad faith shall be disqualified to inherit from the
innocent spouse by testate or intestate succession.
VOIDABLE MARRIAGE [ANNULMENT]
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the
marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of
age or over but below twenty-one, and the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both lived together as husband and
wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited
with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the
same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and
wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable.
 Art. 47. The action for annulment of marriage must be filed by the following persons and
within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian
did not give his or her consent, within five years after attaining the age of twenty-one, or by the
parent or guardian or person having legal charge of the minor, at any time before such party has
reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other's insanity; or by any relative or guardian or person having legal charge of
the insane, at any time before the death of either party, or by the insane spouse during a lucid
interval or after regaining sanity;
(3) For causes mentioned in number 3 of Articles 45, by the injured party, within five years
after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years
from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five
years after the marriage.
LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a
child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of 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;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a child by nature or by adoption.
Art. 56. The petition for legal separation shall be denied on any of the
following grounds:
(1) Where the aggrieved party has condoned the offense or act
complained of;
(2) Where the aggrieved party has consented to the commission of the
offense or act complained of;
(3) Where there is connivance between the parties in the commission of
the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal
separation; or
(6) Where the action is barred by prescription.
Art. 57. An action for legal separation shall be filed within five years from
the time of the occurrence of the cause.
Art. 58. An action for legal separation shall in no case be tried before six
months shall have elapsed since the filing of the petition.
Art. 59. No legal separation may be decreed unless the Court has taken
steps toward the reconciliation of the spouses and is fully satisfied, despite
such efforts, that reconciliation is highly improbable.
Art. 60. No decree of legal separation shall be based upon a stipulation of
facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the parties and to
take care that the evidence is not fabricated or suppressed.
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from
each other.
The court, in the absence of a written agreement between the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal partnership property. The administrator appointed by
the court shall have the same powers and duties as those of a guardian under the Rules of Court.
Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply
to the support of the spouses and the custody and support of the common children.
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, subject to the provisions of
Article 213 of this Code; 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.
Art. 65. If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed with the
court in the same proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the preceding Articles shall have
the following 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 referred to in the preceding
Article 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.
The agreement of revival and the motion for its approval shall be filed with the court in the
same proceeding for legal separation, with copies of both furnished to the creditors named
therein. After due hearing, the court shall, in its order, take measure to protect the interest of
creditors and such order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not
listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy
the creditor's claim.
 PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
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.
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.
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.
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to
the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and
reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or
absent spouse shall be enough basis for the grant of the decree of judicial separation of property.
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the
absolute community or the conjugal partnership of gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors
of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall take measures to
protect the creditors and other persons with pecuniary interest.
Art. 101. If a spouse without just cause abandons the other or fails to comply with
his or her obligations to the family, the aggrieved spouse may petition the court for
receivership, for judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such precautionary conditions as
the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the other when her or she has left the
conjugal dwelling without intention of returning. The spouse who has left the conjugal
dwelling for a period of three months or has failed within the same period to give any
information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.
What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements,
the community property shall consist of all the property owned by the spouses at the
time of the celebration of the marriage or acquired thereafter.
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and
the fruits as well as the income thereof, if any, unless it is 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. However, jewelry shall
form part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income, if any, of
such property. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the
community, unless it is proved that it is one of those excluded therefrom.
Ownership, Administrative, Enjoyment and Disposition of the Community
Property
Art. 96. The administration and enjoyment of the community property shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed
of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers
of administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of
such authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting
spouse and the third person, and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.
Art. 98. Neither spouse may donate any community property without the
consent of the other. However, either spouse may, without the consent of the
other, make moderate donations from the community property for charity or
on occasions of family rejoicing or family distress.
Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Article 134 to
138.
Art. 134. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take
place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause.

Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an absentee;

(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the
guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of
property.
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of
the absolute community or the conjugal partnership of gains, and for the separation of their common
properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal
creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall
take measures to protect the creditors and other persons with pecuniary interest.
Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal
partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute community or the
conjugal partnership shall pay for the support of the spouses and their children.
Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on
complete separation of property shall apply.
Art. 100. The separation in fact between husband and wife shall not affect
the regime of absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient community property, the separate property
of both spouses shall be solidarily liable for the support of the family. The
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.
 Conjugal Partnership of Gains
Section 1. General Provisions
Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal
partnership gains shall govern their property relations during marriage, the provisions in this Chapter
shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established
between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in
accordance with the Civil Code or other laws, as provided in Article 256.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws.

Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common
fund the proceeds, products, fruits and income from their separate properties and those acquired by
either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between
them, unless otherwise agreed in the marriage settlements.
Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that
is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage
settlements.
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange
with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the
husband.
Conjugal Partnership Property
Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or
registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. (160a)
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the
partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits
from the exclusive property of each spouse;
(4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the
treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by
either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne
exclusively by the loser-spouse. (153a, 154a, 155, 159)
Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal
funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such
ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both
spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.
Administration of the Conjugal Partnership Property
Art. 124. The administration and enjoyment of the conjugal partnership shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn by either
or both offerors.
Dissolution of Conjugal Partnership Regime
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138

Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a
summary proceeding;
(3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the
support of the family. The spouse present shall, upon 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.
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved
spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the
conjugal partnership property, subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to
his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.
 Property Regime of Unions Without Marriage

Art. 147. When a man and a woman who are capacitated to marry each Art. 148. In cases of cohabitation not falling under the preceding Article,
other, live exclusively with each other as husband and wife without only the properties acquired by both of the parties through their
the benefit of marriage or under a void marriage, their wages and actual joint contribution of money, property, or industry shall be
salaries shall be owned by them in equal shares and the property acquired
owned by them in common in proportion to their respective
by both of them through their work or industry shall be governed by the contributions. In the absence of proof to the contrary, their
rules on co-ownership. contributions and corresponding shares are presumed to be equal.
The same rule and presumption shall apply to joint deposits of money and
In the absence of proof to the contrary, properties acquired while they evidences of credit.
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. If one of the parties is validly married to another, his or her share in the co-
For purposes of this Article, a party who did not participate in the ownership shall accrue to the absolute community or conjugal partnership
acquisition by the other party of any property shall be deemed to have existing in such valid marriage. If the party who acted in bad faith is not
contributed jointly in the acquisition thereof if the former's efforts validly married to another, his or her shall be forfeited in the manner
consisted in the care and maintenance of the family and of the provided in the last paragraph of the preceding Article.
household.
The foregoing rules on forfeiture shall likewise apply even if both parties are
Neither party can encumber or dispose by acts inter vivos of his or her in both faith.
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 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.