Law
Law
Law
________________________________________________________________
Title IV
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Chapter 1
GENERAL PROVISIONS
(Arts. 74-81, FC)
3. What economic system may be agreed upon by the future spouses in the
marriage settlement? (1950)
ANS: The future spouses may, in the marriage settlement, agree upon (1) the
regime of absolute community, or (2) conjugal partnership of gains, or (3) complete
separation of property, or (4) any other regime. In the absence of marriage settlement, or
when the regime agreed upon is void, the system of absolute community of property as
established in the FC shall govern. (Art. 75, FC.)
5. Suppose "N' and "B" in their marriage settlement expressly reject the
absolute community regime as established by the FC but did not agree on any
system to govern their property relationship during the marriage. What system will
apply? (1972)
ANS: Since, undoubtedly, the property relations of "A" and "B" cannot be
governed by the system of absolute community because in their marriage settlement they
expressly rejected it, it is clear that Art. 74 of the FC is not applicable. We must now
determine their intention as to what system shall govern. (Art. 74[1], FC.) For this
purpose, the contemporaneous and subsequent acts of the parties shall be principally
considered. (Art. 1371, CC.) If their intention cannot be ascertained, then we must apply
the local custom of the place. (Art. 74, FC.) In the absence of custom, the rules on co-
ownership shall govern.
6. Erasmo married a rich woman, Flora, who brought into the marriage
substantial assets. When Flora died, Erasmo claimed 1/2 of the said assets on the
strength of a public instrument executed by Erasmo and Flora during their
marriage whereby all their separate properties were converted into conjugal
properties. Is Erasmo's claim valid? (1974)
ANS: Erasmo's claim is not valid for the following reasons:
(a) As a rule, the property relations of husband and wife cannot be modified
during the marriage. It can only be done in the marriage settlement entered
into by the future spouses before the celebration of their marriage. The only
exception to this rule is in case of judicial separation of property during the
marriage under Arts. 66, 67, 128, 135 and 136 of the FC. (Art. 76, FC.) Since
the instrument executed by Erasmo and Flora during their marriage does not
fall within the purview of the exception, it is null and void;
(b) To sustain Erasmo's claim would provide an indirect way of circumventing
the ban against donations between spouses during their marriage as provided
for in Art. 87 of the FC;
FOR PRIVATE AND PERSONAL USE ONLY 3
________________________________________________________________
(c) Furthermore, to sustain Erasmo's claim would open the door to the
possible commission of fraud by the spouses. If one or both of them had
incurred either antenuptial debt or debts during the marriage which have not
redounded to the benefits of the family and for which the partnership cannot
be held liable, all that they will have to do would be to enter into a similar
arrangement in order to defraud their creditors.
9. What law shall govern the property relations of the spouses regardless of
the place of celebration of their marriage and residence? Exceptions.
ANS: In the absence of a contrary stipulation in the marriage settlement, the
property relations of the spouses shall be governed by the 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 properly 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 their extrinsic validity. (Art.
80, FC.)
FOR PRIVATE AND PERSONAL USE ONLY 4
________________________________________________________________
(Note: Under Art. 124 of the CC, it is the husband's national law that governs the
property relations where the spouses are of different nationalities. Said provision was
repealed by Art. 80 of the FC. Hence, the property relations of the spouses shall be
governed by Philippine laws where one party is a Filipino and the other is an alien.)
10. What is the effect upon the stipulations made in the marriage settlements
if the marriage should not take place? (1937, 1947)
ANS: Everything stipulated in the settlements or contracts in consideration of a
future marriage, including donations between the prospective spouses made therein shall
be rendered void if the marriage does not take place. However, stipulations that do not
depend upon the celebration of the marriage shall be valid. (Art. 81, FC.)