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REGIME OF SEPARATION OF PROPERTY

REGIME OF SEPARATION OF PROPERTY. 1. When applicable. (a) when provided for in marriage settlements ( b ) when surviving spouse contracts subsequent marriage without liquidation of prior marriage’s property relation [FC 103 & 130]

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REGIME OF SEPARATION OF PROPERTY

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  1. REGIME OF SEPARATION OF PROPERTY

  2. 1. When applicable • (a) when provided for in marriage settlements • (b) when surviving spouse contracts subsequent marriage without liquidation of prior marriage’s property relation [FC 103 & 130] • (c) when spouses in legal separation case reconcile when there is already a final decree of legal separation, unless parties agree to revive former regime • (d) judicial separation of property

  3. 2. Property covered • Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

  4. 3. Administration (a). By the owner-spouse Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

  5. 3. Administration (b) by the other spouse Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (n)

  6. 3. Administration (c) FC 100 [3] – in the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family.

  7. 4. Family Expenses • Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties. • The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)

  8. 5. Conveyances between the spouses • FC Art. 87 – void except moderate gifts

  9. JUDICIAL SEPARATION OF PROPERTY

  10. 1. When possible 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. (190a)

  11. Maquilanv. Maquilan (2007) • Under Art. 143 of the FC, separation may be effected voluntarily or for sufficient cause subject to judicial approval. The Compromise Agreement which was judicially approved is exactly such a separation of property allowed under the law.

  12. 2. 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;

  13. (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. (191a)

  14. Ugaldev. Ysasi (2008) The Compromise Agreement between the parties had become final and resulted in the dissolution of the conjugal partnership of gains between the petitioner and respondent.

  15. Albano-Sales v. Sales (2009) Case was remanded to RTC for reception of evidence re: property issues between the parties (collection of rentals without proper accounting, sale of common properties without husband’s consent and misappropriation of proceeds). RTC should not have ordered the dissolution of the property relations of the parties without hearing.

  16. 3. Voluntary 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. (191a)

  17. 4. Effects of judicial separation of property (a) liquidation of ACP or CPG (b) support pendentelite (c) Regime after JSP is complete separation; where decree of legal separation had been issues and parties reconcile, complete separation or agree to revive former regime (d) Binding effect 3rd parties – record in civil registry & registry of property

  18. 5. Revival of Property Regime After JSP Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates; (2) When the absentee spouse reappears; (3) When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration;

  19. (4) When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other; (5) When parental authority is judicially restored to the spouse previously deprived thereof; (6) When the spouses who have separated in fact for at least one year, reconcile and resume common life; or (7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the former property regime. No voluntary separation of property may thereafter be granted. The revival of the former property regime shall be governed by Article 67. (195a)

  20. 6. Transfer of Administration of Exclusive Property Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (n)

  21. Property Regime of Unions Without Marriage

  22. Unions Under Art. 147 • Valdes v. QC RTC (1996) – marriage declared null and void under Art. 36, Art. 147 applies • Carinov. Carino (2001) – the 1st marriage, no ML, Art. 147 applies; 2nd marriage is bigamous, Art. 148 applies • Gonzales v. Gonzales (2005) – marriage declared null and void under Art. 36, Art. 147 applies; since wife helped in the business, RTC correct in dividing properties equally between H & W

  23. Unions under Art. 147 • Dino v. Dino (2011) – marriage declared null and void under Art. 36, no need to comply with Art. 50 before decree of nullity will be issued

  24. Unions under Art. 148 • Juanizav. Jose (1979) - Since Eugenio Jose is legally married to Socorro Ramos, there is an impediment for him to contract marriage with Rosalia Arroyo. Arroyo cannot be a co-owner of the jeepney. The jeepney belongs to the conjugal partnership of Jose and his legal wife. There is therefore no basis for the liability of Arroyo for damages arising from the death of, and physical injuries suffered by, the passengers of the jeepney which figured in the collision.

  25. Belcoderov. CA (1993) – lot titled in name of mistress belongs to the CPG of the husband and his legitimate spouse, it was acquired during marriage • Agapayv. Agapay (1997) - Erlinda, 2nd wife, tried to establish by her testimony that she is engaged in the business of buy and sell and had a sari-sari store 10 but failed to persuade court that she actually contributed money to buy the subject riceland. She was only 20 years old at time of purchase. The riceland should revert to the conjugal partnership property of the deceased Miguel and CarlinaPalang. • With respect to the house and lot, Erlinda allegedly bought the same for P20,000.00 on September 23, 1975 when she was only 22 years old. Money came from Miguel. Void donation because guilty of concubinage.

  26. Domingo v. CA (1993) – Under Art. 40, there is need for judicial declaration of void marriage even if bigamous; no need for separate case for dissolution of property relations, can be done in nullity case. • Tumlosv. Spouse Fernandez (2000) - it is clear that Mario Fernandez was incapacitated to marry petitioner because he was legally married to Lourdes Fernandez. It is also clear that,she cohabited with Mario in a state of concubinage. No proof of her actual contribution to the purchase of the property, it belongs to the CPG of the spouses.

  27. Malilinv. Castillo (2000) – both parties were married to other people when they cohabited; they acquired properties, all under the name of the respondent; they separated and petitioner sought his share in the properties alleging there is co-ownership which respondent denied; SC remanded case for reception of evidence of petitioner’s actual contribution

  28. Villanueva v. CA (2004) - The cohabitation of a spouse with another person, even for a long period, does not sever the tie of a subsisting previous marriage. Otherwise, the law would be giving a stamp of approval to an act that is both illegal and immoral. What petitioners fail to grasp is that Nicolas and Pacita’s cohabitation cannot work to the detriment of Eusebia, the legal spouse. The marriage of Nicolas and Eusebia continued to exist regardless of the fact that Nicolas was already living with Pacita. Hence, all property acquired from 7 October 1926, the date of Nicolas and Eusebia’s marriage, until 23 November 1996, the date of Eusebia’s death, are still presumed conjugal. Petitioners failed to show proof of actual contribution by Pacita in the acquisition of Lot No. 152. In short, petitioners failed to prove that Pacita bought Lot No. 152 with her own money, or that she actually contributed her own money to acquire it.

  29. Atienzav. De Castro (2006) – Art. 148 applies to cohabitation before the Family Code because it was intended to fill up the hiatus in the Civil Code; claim of co-ownership is without basis, failed to prove contribution to the purchase. • Borromeov. Descallar (2009) – Jambrich, an Austrian, lived with Antonietta (a waitress) who is married with 2 sons; they purchased properties in the name of Antonietta. Since Jambrich sold the property to a Filipino, the SC allowed the same.

  30. Heirs of Maramag vs. Maramag (2009) – mistress and illegitimate children were designated as beneficiaries in the insurance policy of husband; designation of mistress was declared void and her share was awarded to the illegitimate children; legitimate family has no right to claim insurance

  31. FAMILY RELATIONS

  32. A. What governs family relations • Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)

  33. Alavadov. City of Tacloban – once a man and a woman lived as husband and wife and such relationship is not denied nor contradicted the presumption of their being married must be admitted as a fact. A review of the records of this case failed to disclose any evidence whatsoever which will overthrow the presumption in favor of claimant's marriage to the deceased Alavado. But what wrote finish to this issue-legality of the claimant's marriage to the deceased is the marriage certificate submitted later by the claimant.It is certified to be a true copy of the original issued by the local Civil Registrar of the City of Tacloban. The said document indubitably establishes claimant marriage to the deceased Alavado

  34. B. Effects of family relationship on legal disputes Art. 150. Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among brothers and sisters, whether of the full or halfblood. (217a)

  35. Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a)

  36. Gayonv. Gayon (1970) – Inasmuch as a sister-in-law, nephew or niece is not included in the enumeration contained in Art. 271 of the Civil Code, which should be construed strictly, it being an exception to the general rule, it follows that the same does not come within the purview of Art. 222, and plaintiff’s failure to seek a compromise before filing the complaint does not bar the same.

  37. Wainwright v. Versoza (1968) – future support cannot be compromised; no earnest effort at compromise since suit it between family members, will not result to dismissal of case; trial court should have allowed amendment of the complaint.

  38. Magbaletav. Gonong (1977) – when a stranger to the family is a party to the case, it is neither practical nor fair that the determination of the rights of a stranger should be made to depend on the way the family would settle their differences among themselves.

  39. Tribiana v. Tribiana (2004) – habeas corpus case was filed by wife against the husband who took their child with him; petition failed to state that there was earnest efforts at a compromise; wife has barangay certification to prove efforts were made; what is at stake is the welfare of a child of tender age, case should be allowed to proceed.

  40. Hiyas Savings v. Acuna (2006) – once a stranger becomes party to a suit involving family members, the law no longer makes it a condition precedent that earnest efforts be made towards a compromise before action can prosper.

  41. C. Family Home1. What constitutes family home? Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (223a)

  42. Art. 156. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property. Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home

  43. 2. Who may constitute? Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home. (n)

  44. 3. When deemed constituted? Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law.

  45. 4. When terminated? Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply regardless of whoever owns the property or constituted the family home.

  46. ARRIOLA v. ARRIOLA (G.R. No. 177703, January 28, 2008) – the house is the family home and cannot be immediately partition by the heirs. The purpose of Art. 159 is to avert the immediate disintegration of the family unit following the death of its head. The law preserves the family home as the physical symbol of family love, security and unity by imposing restrictions. There is no compelling reason to partition the family home.

  47. 5. Beneficiaries Art. 154. The beneficiaries of a family home are: (1) The husband and wife, or an unmarried person who is the head of a family; and (2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support.

  48. PATRICIO v. DARIO (2006) – To be a beneficiary of the FH, three requisites must concur: (1) they must be among the relationships enumerated in Art. 154 of the FC; (2) they live in the FH; and (3) they are dependent for legal support upon the head of the the family for legal support. • The grandson who lives in the FH is not the beneficiary contemplated by Art. 154 because he is dependent for legal support from his father and not from the deceased or his wife.

  49. 6. Exemptions Art. 155. The family home shall be exempt from execution, forced sale or attachment except: (1) For nonpayment of taxes; (2) For debts incurred prior to the constitution of the family home; (3) For debts secured by mortgages on the premises before or after such constitution; and (4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building.

  50. Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law. In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation. For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. All others are deemed to be rural areas.

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