PROPERTY RELATIONS BETWEEN SPOUSES
 66 & 67: effect of reconciliation, regime of separation continues unless parties
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)
 Spouses free to choose property regime before marriage, law is merely
suppletory to their will/choice
 Art. 118 CC – any contract between man & woman who plan & intend to marry
to fix prop regime that will govern properties during marriage for #1 and just
customs for #3.
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)
 Combine or use dowry system
 Regime should be in accordance w/law and once chosen, it shall govern all
properties w/o exception
 ACP if choice is void or there’s no marriage settlement
 ACP rejected → local customs →co-ownership
 Void: against nature & purpose of marriage, lib & rts of individuals or to morals
& good customs, violate legal provisions of prohibitory/mandatory character,
derogatory to authority of spouses or contrary to pub order or policy. Examples:
provision prohibiting any party from marrying another, that they’ll live
separately, imposing fine for fidelity, etc. (p.129)
 Tolentino’s enumeration of regimes of prop relations
1. Absorption – husband acquires ownership of all properties of wife at time of
marriage including those that she may receive after
2. Community – common patrimony to answer among others, for the family.
Once dissolved, common prop is divided bet. spouses or heirs
a. Absolute/Universal – all properties form single patrimony
b. Relative/Limited – Common patrimony w/ some properties
exclusively belonging to each of the spouses. May be community
of personal prop, acquisition, etc.
3. Separation – spouses retain ownership of respective properties. May be
absolute, single administration (one party is assigned to administer/enjoy
all properties) or dotal (wife’s prop divided to dowry & paraphernal)
 If one stipulation’s void, other terms of marriage settlement are not affected
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)
agree to revive it
 128: spouse abandons other or fails to comply w/obligations, aggrieved may
file for receivership/jud’l sep of prop or sole administration of conjugal prop
 135 & 136: separation of prop permitted either by petition of one or both
spouse/s for just cause (civ. Interdiction, absentee, loss of parental authority,
failed to comply w/Art. 101, granted administration but abused pow, separated
in fact for at least one year & recon highly improbable
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)
 w/ consent & signature of guardian (incapacitated except insane) or parents
(bet. 18-21) if needed
 CC Art. 122: allows even oral settlements
 Extrajudicial agreement void
 Effectivity of settlement: time of celebration of marriage & not subj to
suspensive/resolutory periods
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)
 18-21 years old, guardian should sign
 father, mother, surviving parent or guardian, persons having legal charge of
them (art. 14), but title ix says, under joint parental authority of mom & dad
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)
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. (124a)
  Donations of present property, revocable only if marriage does not take place.
 CC Art. 124 – husband’s national law governs their properties
 General rule: nationality theory Art. 85. Donations by reason of marriage of property subject to encumbrances
 #1: their national law will apply shall be valid. In case of foreclosure of the encumbrance and the property is sold
 #2 & 3: lex situs or law of country where property is located 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
Art. 81. Everything stipulated in the settlements or contracts referred to in the amount of said obligation, the donee shall be entitled to the excess. (131a)
preceding articles in consideration of a future marriage, including donations
between the prospective spouses made therein, shall be rendered void if the  CC Art. 131: release prop donated from mortgages & other encumbrances
marriage does not take place. However, stipulations that do not depend except easements unless contrary’s stipulated
upon the celebration of the marriages shall be valid. (125a)
Art. 86. A donation by reason of marriage may be revoked by the donor in the
 valid stipulations: recognition of illegitimate children following cases:
 CC Art. 132 (2): donations propter nuptias void but still has to be revoked by
donor (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
DONATIONS Article 81;
REQUISITES FOR DONATIONS (2) When the marriage takes place without the consent of the parents or
guardian, as required by law;
Art. 82. Donations by reason of marriage are those which are made before its (3) When the marriage is annulled, and the donee acted in bad faith;
celebration, in consideration of the same, and in favor of one or both of the (4) Upon legal separation, the donee being the guilty spouse;
future spouses. (126) (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
 Excluded: gifts after marriage, not in consideration of marriage & in favor of provisions of the Civil Code on donations in general. (132a)
others like parents or children from previous marriage. They’re governed by
provisions on ordinary donations  #1: if under marriage settlement, it’s automatically void under Art. 81
 Propter Nuptias vs Ordinary donations  void ab initio & donee acted in bad faith & donor is other spouse, automatic
PROPTER NUPTIAS ORDINARY revocation by operation of law
Express acceptance not needed Express acceptance needed  annulment, if donor’s spouse, automatic revocation by operation of law
Minors allowed Minors not allowed  acts of ingratitude: offense against person, property, honor of donor, his wife or
May include future properties (wills) Can’t include future properties children under his parental authority, imputes to donor any criminal offense or
Donated & prop regime is not ACP, No limit as long as legitimes are not act involving moral turpitude, unless crime was committed against donee, his
limited to 1/5 impaired wife or children under his parental authority, donee refuses to support donor
Grounds for revocation – Art. 86 Grounds – law on donations whom he’s legally/morally bound to support (CC Art. 765)
 Prescriptive Periods for filing action for revocation
Art. 83. These donations are governed by the rules on ordinary donations Legal Sep 5 years (FC Art. 64)
established in Title III of Book III of the Civil Code, insofar as they are not modified 1. Marriage not celebrated (except
by the following articles. (127a) if in marriage settlement,
automatic)
 Amends Art. 127 CC w/c states it shall be governed by Statute of Frauds 2. Void ab initio
3. Resolutory Condition complied
Art. 84. If the future spouses agree upon a regime other than the absolute with
community of property, they cannot donate to each other in their marriage  Written donation 10 yrs (CC Art. 1144 par. 1)
settlements more than one-fifth of their present property. Any excess shall  Oral donation 6 years (CC 1145 par. 1)
be considered void. 1. Without parental consent 4 years (Art. 1146 par. 1) – injury
2. Annulled not founded on contract
Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills. (130a) Act of ingratitude 1 year from donor’s knowledge

 Limits not applicable if regime is ACP Art. 87. Every donation or grant of gratuitous advantage, direct or indirect,
 Donations of future property may be revoked. It takes effect upon death of between the spouses during the marriage shall be void, except moderate gifts
donor & only spouses can make these donations. 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)

 Direct/indirect: step child or child by another marriage or any person of whom

the other spouse is a presumptive heir such as a brother of spouse. Different
from CC Art. 134 w/c only makes it voidable w/in 5 years from death of donor.
 Reasons:
1. prevent weaker spouse from being influenced by stronger (abuse, threats,
violence, etc.)
2. protect creditors
3. prevent indirect modification of marriage settlement during marriage
 only persons prejudiced can question validity of donations such as the donor or
his heirs
 applicable to common-law couples. Undue influence still possible & why would
you exempt those who are living in guilt.
 What is moderate is determined by family’s social position, financial condition,
usages & customs, other circumstances of the parties. Car may be moderate
depending on circumstances. Usually under court’s discretion.
 If community funds are used to buy a gift/donation, it’s valid.
 Can’t stipulate its validity in marriage settlements
 Applicable under whatever regime of prop you follow
 Sale is allowed if there’s absolute separation of prop
 Only donations mortis causa are allowed