Rights and obligations between spouses:

Marriage has corresponding rights and obligations that are

mutual.

If the property regime that governs property relation, is

COMPLETE SEPARATION of PROPERTY, court may afford, as a
basis of the claim of damages on the part of aggrieved
spouse

ART 68 = H&W shall live together and render mutual help

and support.

Prohibitory injunction- injunction order that prevents the

commission of an act

FC also provides that it is the right of both spouses to fix

family domicile (in case of conflict), and joint responsibility to
provide for family needs, shoulder family expenses and
jointly exercise administration of household.

Mandatory injunction- opposite of previous

REMEDY if on espouseinjureshonour of family:

ART72: injured spouse may go to court for relief

1. If the non-compliance or inability of other spouse falls

under art 36, aggrieved may ask for nullity of marriage
2. The aggrieved spouse may ask court for receivershipwhere administration of ACP or CPR entrusted to
aggrieved party, if other spouse mismanages
3. Aggrieved spouse may ask the court that he be the
sole administrator
4. Aggrieved spouse may ask court for declaration of
separation of property
5. Aggrieved spouse may ask for injunction,
6. Aggrieved spouse (wife) may go to court and ask for
temporary or permanent protection order
7. If theres physical force
Damages,
not

the

intendment

Can the court compel the non-performing spouse with his/her

marital obligation? (e.g.love , etc.)
These obligations are personal and consensual, and as a
general rule, the court may not compel the spouse to do so.

Remedies available:

GEN RULE: it is
(CONTINUATION...)

(RECORDING HERE PLEASE)

of

the

law

Reason for rule: if the spouse asks for damages and court
affords, it a charge against conjugal property

No action for specific performance may lie, EXCEPT in

obligation to support because it is mandatory and can be
imposed by court. Failure to do so may be citation of
contempt, or if economically affecting, it could resort to a
criminal case.
ART 73- allows either spouse to exercise a legitimate
occupation, etc. without the consent of another.
Who shall bear the indebtedness, obligations, that one
spouse may incur or suffer from the occupation etc without
the consent of another?
Does it follow that any obligation incurred by that spouse be
beared only by him? It depends
RULE: depends on the nature of pre=ofession
-if not legitimate:
ART 73: if ts a legitimate profession, other spouse cannoot
object.

Relevance lies on the resulting liabilities.

If other objects on valid, serious and moral grounds, court will
have to decide. On these grounds:
a. court determines if objection is VALID (if it is valid,
EFFECT: court detemines of benefits redounded to the
bene fit of the family before or after. If benefit before
objection, any obligation incurred shall be personal to
the splouse concerned. If benefit be after objection,
liability incurred in pursuit of immoral profession shall
be charged to conjugal/ community property with the
reason of PRINCIPLE OF EQUITABLE ESTOPPEL)
b. if LEGITIMATE (ART 94 par 3, ART 121 par 3) all debts
and obligations incurred without concent of another, to
the extent that family benefitted shall be charged with
the absolute community or conjugal. ART 73 is
governing if the occupation if valid, serious or . If
legitimate, then art 93/ art 121) You have to
distinguish 2 kinds of transactions where obligations is
incurred:
1. if obligation benefits familly RULE: presumed that
it was for the benefit of family and therefore any
debt incurred by either spouse is chargeable to ACP
or CP. There is no evidence of actual benefit.
G. TRACTORS INC. V. NICASIO husband on a
logging business entering contract leasing heavy
equipment. For nonpayment of the rentals of heavy
equipment, company sued the husband. Court
ordered payment. Sherrif levied on properties
bellonging to conjugal properrty. Wife argued that
conjugal property be spared because it is only the
husband
ISSUE: if the obligation, without involvement of wife
be charged to conjugal property?
SC: the business presumabbly intended for the
benefit of family. The obligation can be enforcced to
conjugal property.

2. isolated transaction
AYALA v. CA and spouses CHING
Husband
VP
of
a
company
executed
surityagreement (RECORDING HERE PLEASE!!)

PROPERTY RELATIONS
May be governed by:
1. Marriage settlement
Is essentailly a contract between the would-be spouses
entered into before celebration of marriage. Terms and
conditions will include the specifics of kind of property
regimes that would govern their properties. Signed by
the would=be spouses, signed before marriage, any
modification be done before celebration of marriage
only
DONATION BY REASON OF MARRIAGE
2 kinds:
a. By
reason
of
marriagedonation
whose
considerration is marriage.
Kinds:
1. By other party to either or both spouse
RULES:
A. Can only be done separately through a
separate deed of donation
B. Does not entail execution of marriage
settlement
C. Does noot depend on kind of property regime
that may govern property relation between
spouses.
D. Not governed by more than 1/5 limitation
BUT governed by limitation on Civil Code on
succession: a person must not donate all his
property, and leave some for his own support

and something that should cover the

legitimes intended for his heirs
E. Not rendered void if marriage doesnt take
place bec its not incorporated in marriage
settlement but donor may revoke that should
be filed 5 years from supposed time of
marriage
2. By either spouse to other spouse
RULES:
done either in:
A. marriage settelement:
1. only be valid if the would-be spouses
entered into a marriage settlement, but
MS must expressly stipulate that property
regime that would govern is any property
regime other than ACP. Reson: if ACP
governs then it would be useless to
donate
a
property
because
upon
celebration of marriage that would be
part of absolute property where donor
becomes an owner
2. value of property donated must not
exceed 1/5 of present property of donor.
Reason: marriage is acontract, as normal
in any contract, before anything is
finalized, they are expected to go through
rpocess of negotiation, the tendency of
takingadvantage of the stupid party.
There is a [possibility that smarter party
would abuse. protection of the weaker
party. To avoid undue influence
3. this kind of donation is void when
marriage does not take place. ART 81,
when it doesnt take place, everything
stipulated is void, EXCEPT those that is
not dependent to the celebration of
marriage.

B. in a separate deed of donation

1. done validly only if parties entered into
a marriage settlement. 2 documents
needed marriage settlement
and
separate deed of donation
2. marriage settlement that would-be
spouses must execute mst stipulate a
property regime other than ACP. Reason:
(same with previous)
3. this for mof donation is not subject to not
mire than 1/5 limitaion, donor may then donate
more than 1/5 of property. Reason: element of
undue inluence is unlikely because this is
unilateraly executed by donor, not going
through
process
of
negotiation
wherein
doneewouldnt be influenced by the other.
..when marriage doesnt take place, it is not void,
but under ART 86, it is merely VOIDABLE. Action
to annul should be filed within 5 yrs from the
time when marriage is supposed to take place.
Otherwise, itd be valid.
b. Ordinary donation
RULE:
DURING MARRIAGE
1. One spouse to another
Art 87: it is VOID regardless of value and
regardless of property regime governing. RULE:
neither spouse can donate to the other. EXCEPT
moderate and during occation of family
rejoicing.
- equally applies to common-law relationship
(ARCABA v. TARACULA)
Donation by Francisco who is dying asked his
nieces to take care of him. Cerela are lovers
2. Either spouse donates to another party a
property from the conjugal property

Rule: VOID without the consent of the other

party in favour of the other party.
Exception:
-

moderate and during occation of family

rejoicing.
Charitable

Formalities in Property donation

-

Donation by reason of marriage involving

real proper should be notarized.

Instances when the donation by reason of marriage is

revocable:
-

When the marriage does not take place

o Except
when
the
donation
is
incorporated
in
the
Marriage
settlement (VOID)
When the marriage is judicially declared as
VOID
o Revocable regardless of the bad faith
or good faith of the donee
o Exceptions:
If the ground in declaring the
marriage void is ART 40;
pursuant to article 50 by reason
of article 43, revoked by the
operation of law; if the donee
acted in bad faith
If the donee refused to
return
the
donated
property:

Court
action
is
necessary
for
recovery of the
donated property.
o Personal- 8 years
from the time the
decision
became
final
o Real property- 30
years
from
the
time the decision
became final
If the marriage is void under
Article 44, contemplates of a
situation when the parties in the
marriage acted in bad faith.
VOID by reason of law
Marriage is declared void for
being BIGAMOUS. VOID under
article 739 of the civil code
- When the marriage takes place without
parental consent (when required)
- When the marriage is declared annulled
under article 45; Article 86 states that
donation by reason of marriage will be
revocable if the donee acted in bad faith.
2 conflicting laws (Not stated by the supreme court in
a concrete case)
o Article 86- for reason that it is the later law
o Article 43- consistent with the rule that the
guilty spouse should be punished
- When there is decree of separation
- When the donation by reason of marriage is with resolutory
condition and is complied
- When the donee is guilty of acts of ingratitude
o Act
o

When the donee attributes to the

donor any crime or wrongful act; even
if the donee should prove it.
When the donee refuses to support
the donor

Various kinds of property regimes

Absolute community of property regime
-

Consistent with the Filipino culture

If the parties expressly stipulate in the MS
When parties did not execute any MS
When the property regime is void
Commences at the time of marriage

What constitutes a property:

-

All properties either spouses brought upon

the marriage will be part of the marriage and
all that were acquired after the celebration of
the marriage

Exception:

Contractual exclusions
Statutory exclusions
Property acquired during
marriage by gratituous
title (e.g. donations,
inheritance), and fruits
thereof; vs. Honorius (eg.
Acquired by purchase)
Property for the exclusive
or personal use of either
spouse

Property acquired by the

other spouse who has
o Abrinica vs.
Abrinica
Nature of property acquire during the
marriage
o (Refer to recording)
Reason:
o In ACPR Only exceptions are
contractual exclusions and statutory
exclusions

Kinds of Grat.properties
Civil fruits- Rents
Industrial fruits- improvement
Natural fruit- Chicken: Dung- Piglet is to ANAY
Property acquired through crime
-

Will never transfer ownership

Relative community of property regime

Complete separation of property regime
Any property regime