CAPÍTULO 1: TIEMPO LIBRE Y OCIO
1.2. Tiempo libre
1.2.2. El tiempo libre de la población escolar
A: Property regime commences at the precise moment of the celebration of the marriage.
Q: In the absence of a marriage settlement, what property regime governs the property relations of spouses?
A:
GR: Absolute community of property. (Art. 75, FC)
XPN:
1. For marriages contracted prior to the effectivity of the Family Code on August 3, 1988, conjugal partnership of gains shall govern the property relations. This is so because Article 119 of the New Civil Code will apply. The provisions of the Family Code shall have no retroactive effect because it shall impair vested rights.
2. Subsequent marriage contracted within one year from the death of the deceased spouse without liquidation of the community property or conjugal partnership of gains, either judicially or extrajudicially, as required under Arts.
103 and 130 of the Family Code. In such case, a mandatory regime of complete separation of property shall govern the subsequent marriage. (Rabuya, Civil Law Reviewer, p. 100).
REVIVAL OF FORMER PROPERTY REGIME
Q: What are the grounds for the revival of a former property regime?
A: 1‐CAR‐APS
1. Civil interdiction of the prisoner‐spouse terminates;
2. Absentee spouse reappears
3. Court authorizes Resumption of administration by the spouse formerly exercising such power;
4. Spouse who has Abandoned the conjugal home returns and resumes common life with the other;
5. Parental authority is judicially restored to the spouse previously deprived thereof;
6. Reconciliation and resumption of common life of spouse who had been separated in fact for at least 1 year;
7. Spouses agree to revive their former property regime.
TRANSFER OF ADMINISTRATION OF EXCLUSIVE PROPERTY
Q: What are the grounds for transfer of administration of the exclusive property of each spouse?
A: When one spouse: CFAG
1. is sentenced to penalty with Civil interdiction;
2. becomes a Fugitive from justice or is hiding as an accused in a criminal case;
3. is judicially declared Absent;
4. becomes a Guardian of the other.
Note: Transfer of administration of the exclusive property of either spouses does not confer ownership over the same. (Rodriguez v. De la Cruz, GR No. 3629, Sept. 28, 1907)
Spouses contribute to the family expenses proportionately to their income and the value of their properties.
On the other hand, their liability to creditors for family expenses is solidary.
D. ABSOLUTE COMMUNITYY
1. GENERAL PROVISIONS
Q: When shall the absolute community of property commence?
A: At the precise moment of the celebration of the marriage. i.e. actual time the marriage is celebrated on a certain date.
Note: Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void.
Q: What law governs the absolute community of property?
A:
1. Family code
2. Provisions on co‐ownership
2. WHAT CONSTITUTES COMMUNITY PROPERTY
Q: What constitutes the community property?
A:
Includes:
1. All the property owned by the spouses:
a. at the time of the celebration of the marriage; or
b. acquired thereafter;
2. Property acquired during the marriage by gratuitous title, if expressly made to form part of the community property by the donor, testator or grantor;
3. Jewelries, etc.;
4. Winnings in gambling.
Excludes:
1. Property acquired during the marriage by gratuitous title and its fruits;
XPN: If expressly provided by the donor, testator or grantor that they shall form part of the community property
2. Property for personal and exclusive useof either spouse;
XPN: Jewelries shall form part of the ACP because of their monitary value.
3. Property acquired before the marriage by one with legitimate descendants by former marriage and its fruits and income;
4. Those excluded by the marriage settlement.
Q: In absence of evidence, does property acquired during the marriage belong to the community property?
A: Property acquired during the marriage is presumed to belong to the community, unless proven otherwise by strong and convincing evidence. (Art .93)
Q: Mister, without Misis’ consent, executed a special power of attorney in favor of Drepa in order to secure a loan to be secured by a conjugal property, which loan was later obtained. When the loan was not paid, the mortgage was foreclosed and sold on auction.
Misis seeks the declaration of the mortgage and sale as void invoking Art. 124 of the FC. Will the wife’s action prosper?
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A: Yes. The settled rule is that the sale or
encumbrance of a conjugal property requires the consent of both the husband and the wife (Guiang v. CA, 353 Phil. 578). The absence of the consent of one renders the entire sale or encumbrance null and void, including the portion of the conjugal property pertaining to the husband who contracted the sale. Neither would the conjugal partnership be liable for the loan on the ground that it redounded to the benefit of the family. The sweeping conclusion that the loan was obtained by the husband in order to finance the construction of housing units, without however adducing adequate proof, does not persuade.
(Homeowners Savings &Loan Bank v. Dailo,G.R.
No. 153802, Mar. 11, 2005)
Q: In a sale of a piece of land that she and her husband, David, owned, Lorenza, who witnessed the sale, signed on the page reserved for witnesses to the deed. When the buyer sought to register the sale, it was denied by the Register of Deeds for lack of the wife's consent to the sale. Decide.
A: The register of deeds is incorrect. A wife, by affixing her signature to a deed of sale on the space provided for witnesses, is deemed to have given her implied consent to the contract of sale.
The consent need not always be explicit or set forth in any particular document so long as it is shown by acts of the wife that such consent or approval was in fact given.(Pelayo v. Perez, G.R.
No. 141323, Jun. 8, 2005)
Note: In this case, it will be noted that the sale was entered into prior to the effectivity of the FC.
Because of such, Art. 173, in relation to Art. 166 of the Civil Code, would have applied if there was a finding of lack of the wife's consent. Under said provisions, the sale would have been merely voidable, and not void.
Q: Andres sold a parcel of land belonging to the conjugal partnership to Pepito. Days before the sale, Kumander, his wife, assented to such by signing a document entitled "Marital Consent"
contained in a jurat, which was then sworn to before the same notary public who notarized the deed of sale, and then appended to the deed of sale itself. Is the conveyance valid?
A: It depends. The use of the jurat, instead of an acknowledgment, does not elevate the marital consent into the level of a public document but instead consigns it to the status of a private writing. Hence, the presumption of regularity does not apply and the wife still needs to prove its genuiness and authenticity as required under the rules of evidence. (Pan Pacific Industrial Sales
U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
Co., Inc. v. CA, G.R. No. 125283, Feb. 10, 2006
Note: The fact that the document contains a jurat, and not an acknowledgment, should not affect its genuineness or that of the related document of conveyance itself, the Deed of Absolute Sale. In this instance, a jurat suffices as the document only embodies the manifestation of the spouse's consent, a mere appendage to the main document. (Pan Pacific Industrial Sales Co., Inc. v. CA, G.R. No.
125283, Feb. 10, 2006)
Q: Will losses in gambling be charged upon the community property?
A: No (Art. 95). However, any winnings therefrom shall form part of the community property.
3. CHARGES UPON AND OBLIGATIONS OF THE COMMUNITY PROPERTY
Q: What are the charges upon the ACP?
A:
1. The support of the spouses, their common children, and legitimate children of either spouse;
2. All debts and obligations contracted during the marriage by:
a. the designated administrator‐
spouse for the benefit of the community
b. by both spouses
c. by one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;
5. All taxes and expenses for mere preservationmade during marriage upon the separate property of either spouse used by the family;
6. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self‐improvement;
7. Ante nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational
course or other activity for self‐
improvement;
9. Payment, in case of absence or insufficiency of the exclusive property of the debtor‐spouse, of:
a. Ante nuptial debts of either spouse which did not redound to the benefit of the family;
b. the support of illegitimatechildren of either spouse;
c. liabilities incurred by either spouse by reason of a crime or quasi‐
delict;
Note: The payment of which shall be considered as advances to be deducted from the share of the debtor‐spouse upon liquidation of the community
10. Expenses of litigation between the spouses.
XPN: Suit is found to be groundless, it cannot be charged against the ACP.
4. OWNERSHIP, ADMINISTRATION, ENJOYMENT AND DISPOSITION OF THE COMMUNITY
PROPERTY
Q: To whom does the right to administer the community property belong to?
A:
GR: It belongs to both spouses jointly.
XPN: If one spouse is incapacitated or otherwise unable to participate in the administration of the common properties – capacitated or able spouse may assume sole powers of administration
But such powers do not include: DAE 1. Disposition;
2. Alienation; or 3. Encumbrance
of the conjugal or community property.
Q: In case of disagreement, whose decision shall prevail?
A: That of the husband but subject to recourse to the court by the wife for proper remedy.
Note: Prescriptive period for recourse is 5 years from the date of the contract implementing such decision.
Q: In cases of alienation, disposition or encumbrance of the community property, and one spouse is incapacitated or unable to participate in the administration of the community property, is the approval of one spouse enough for said alienation, disposition or encumbrance to be valid?
A: No. Both spouses must approve any dispositions or encumbrances, and consent of the other spouse regarding the disposition must be in writing, otherwise, the matter should be brought to court and the court will give the authority, if proper.
Such consent or court approval must be obtained before the alienation, etc., otherwise, such will be void and obtaining such consent or court approval afterwards will not validate the act. A void act cannot be ratified.
Q: What if one spouse acts without the consent of the other or without court approval?
A: If one spouse acts without the consent of the other or without court approval, such disposition or encumbrance is void.
However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the 3rd person which may be perfected as a binding contract upon acceptance by the spouse or court approval.
Q: When may one spouse resort to obtaining court approval for any alienation, encumbrance or disposition of community property?
A: In absence of the written consent of the other spouse.
Q: What if the community property is insufficient to cover the foregoing liabilities?
A:
GR: The spouses shall be solidarily liable for the unpaid balance with their separate properties.
XPN: Those falling under paragraph 9 of Art.
94. (Ante‐nuptial debts, support of illegitimate children, liabilities incurred by spouse by reason of a crime or quasi‐delict) –in which case the exclusive property of the spouse who incurred such debts will be liable. However, if the exclusive property is insufficient, payment will be considered as advances to be deducted from share of debtor‐spouse. (Art. 94 (9) of the Family Code)
Q: What is the rule on donating a community property by a spouse?
A:
GR: A spouse cannot donate any community property without the consent of the other.
XPN: Moderate donations for charity or on occasion of family rejoicing or distress. (Art.
98)
Q: If a spouse abandons without just cause his family or fails to comply with obligations to the family, what are the remedies of the spouse present?
A: Petition the court for:
1. Receivership;
2. Judicial separation of property;
3. Authority to be the sole administrator of the absolute community.
Q: When is there abandonment?
A: When a spouse leaves the conjugal dwelling without intention of returning.
Note:3 months disappearance without any information as to the spouse’s whereabouts shall be prima facie presumption of abandonment of the other spouse. (Art. 101, FC)
Q: May spouses sell property to each other?
A:
GR: No, such sale is considered void
XPNs:
1. When a separation of property was agreed upon in the marriage settlement;
2. When there has been a judicial separation of property under Articles 135 and 136 of FC (Art. 1490, NCC).
Q: During his lifetime and while he was married to Epifania, Joseph acquired a piece of land which he then subsequently conveyed, by way of a purported sale, to his other woman, Maria. Is the sale of the piece of land by Joseph to his mistress proper?
A: No. The proscription against the sale of property between spouses under Art. 1490 applies even to common law relationships. In an earlier ruling, the SC nullified a sale made by a husband in favor of a concubine, after he had abandoned his family and left the conjugal home
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
where his wife and children lived, and from whence they derived their support, for being contrary to morals and public policy. The sale was regarded by the court as subversive of the stability of the family, a basic social institution which public policy cherishes and protects (Ching v. CA, GR No. 165879, Nov. 10, 2006).
5. DISSOLUTION OF COMMUNITY REGIME Q: How is the ACP terminated?
A:
1. Death of either spouse;
2. Legal separation;
3. Annulment;
4. Judicial separation of property during marriage.
6. LIQUIDATION OF THE ABSOLUTE COMMUNITY ASSETS AND LIABILITIES
Q: What is the applicable procedure in case of dissolution of ACP?
A:
1. Inventory of all properties;
2. Payment of community debts;
Note: First, pay out of the community assets. If not enough, husband and the wife are solidarily liable for the unpaid balance with their separate properties
3. Delivery to each spouse of his/her remaining exclusive properties;
4. Equal division of net community assets Unless there is:
a. An agreement for a different proportion; or
b. A voluntary waiver of such share;
5. Delivery of the presumptive legitimes of the children;
6. Adjudication of conjugal dwelling and custody of common children.
Q: What is the applicable procedure in the dissolution of the ACP in case the marriage is terminated by death?
A: Community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial proceeding is instituted, the surviving spouse shall, judicially or extra‐judicially, liquidate the community property within 6 months from the death of the deceased spouse.
(Art. 103)
Q: What if the surviving spouse failed to liquidate the community property within 1 year from the death of the deceased spouse contrary to Art. 103, FC?
A: Failure to do so would render any disposition or encumbrance involving community property of the terminated marriage void.
E. CONJUGAL PARTNERSHIP OF GAINS.
1. GENERAL PROVISIONS
Q: What is the regime of CPG?
A: It is the property relation formed by the husband and the wife by placing in a common fund:
1. the proceeds, product, fruits and income of their separate properties;
2. those acquired by them through:
a. effort b. chance
Q: When shall the conjugal partnership commence?
A: At the precise moment when the marriage ceremony is celebrated.
Q: What law governs the conjugal partnership?
A: The rules on the contract of partnership in all that is not in conflict with what is expressly determined in the Family Code and by the spouses in their marriage settlements.
2. EXCLUSIVE PROPERTY OF EACH SPOUSE Q: What are the exclusive properties of the spouses?
A:
1. Those brought into the marriage as his/her own;
Note: A property purchased before the marriage and fully paid during the marriage remains to be a separate property of either spouse. (Lorenzo v.
Nicolas, L‐4085, July 30, 1952)
2. Those acquired during the marriage by gratuitous title;
3. Those acquired by right of redemption, barter or exchange with exclusive property;
4. That purchased with exclusive money of either spouse.
Note: The controlling factor is the source of the money used, or the money promised to be paid. (Rivera v. Bartolome, C.A., 40 O.G. 2090)
Q: What are the rules in cases of improvement of exclusive property?
A:
1. Reverse accession – If the cost of the improvement and the additional value is more than the value of the principal property at the time of the improvement, the property becomes conjugal.
2. Accession – If the cost of the improvement and the additional value is equal to or less than the value of the principal property, the entire property becomes the exclusive property of the spouses
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
3. CONJUGAL PARTNERSHIP PROPERT
Q: What constitutes CPG?
A:
1. Those acquired during the marriage with conjugal funds;
2. Those obtained from labor, industry, work or profession of either or both spouse;
3. Fruits of conjugal property due or received during the marriage and net fruits of separate property;
4. Share of either spouse in hidden treasure;
5. Those acquired through occupation such as hunting or fishing;
6. Livestock in excess of what was brought to the marriage;
7. Those acquired by chance such as winnings in gamblings and bettings.
Q: What are the rules if a property is bought on installments paid partly from the exclusive funds of the spouses and partly from conjugal funds?
A:
1. If full ownership was vested before the marriage – it shall belong to the buyer spouse.
2. If full ownership was vested during the marriage – it shall belong to the conjugal partnership.
Q: Yamane asserts that the parcel of land, which was purchased at auction, belonged to the conjugal partnership of him and his late wife. In the title, his name appeared to be merely descriptive of the civil status of the registered owner, his late wife. The purchase took place prior to the advent of the Family Code. Is the property conjugal or paraphernal property of his late wife?
A: Conjugal. In this case the provisions of the Civil Code would apply since the purchase took place before the FC took effect. Under Art. 160 of the NCC, all property of the marriage is presumed to
A: Conjugal. In this case the provisions of the Civil Code would apply since the purchase took place before the FC took effect. Under Art. 160 of the NCC, all property of the marriage is presumed to