System of Absolute Community

When shall the system of absolute community of property between spouses commence?

The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. 

Can waiver of rights, interests, shares and effects of the absolute community of property be made during the marriage?

No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.

When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (Art. 89, FC)

What rules shall apply to the absolute community of property between the spouses in all matters not provided for in the chapter of the FC on the system of absolute community of property?

The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. (Art. 90, FC)

Under the system of absolute community of properties, what properties are included in the community?

Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (Art. 91, FC)

What properties are excluded?

The following shall be excluded from the community property:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (Art. 92, FC)

What presumption is applied as to the nature of property acquired during marriage?

Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. (Art. 93, FC)

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Property Regime of Unions Without Marriage

What rule govern the property relationships in unions without marriage or in a void marriage where there is no legal impediment to marry?

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. 

What rule governs the property relationship where one of the parties has legal impediment to marry the other?

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith.

Under the FC, what are the classes of "unions without marriage"?

1. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage (Art. 147, FC).

Illustration:

• where a man and a woman both above 18 years of age and single and who are capacitated to marry each other since they have no legal impediment to get married, co-habit or live together exclusively with each other as husband and wife without, however, getting married; 

• or where the man and woman do not have valid marriages with other persons but their marriage is void for such reasons as, the marriage is incestuous, or is against public policy or was solemnized by one who is not authorized by law to perform the marriage.

2. In cases of cohabitation not falling under Art. 147 of the Family Code. These cases refer more particularly where a man and a woman who are not capacitated to marry each other live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage (Art. 147, FC).

Illustration:

• where a man and a woman live together as husband and wife when one or both of them have existing valid marriages with other persons. 
• bigamous marriages
• adulterous  relationships 
• relationships in a state of concubinage 
• cohabitation by a man with several women all at the same time.

What requisites or conditions must be shown before Art. 147 of the FC can be applied?

1. That there must be a man and a woman who are capacitated to marry each other and who are living together exclusively with each other as husband and wife but they are not married, or even if they are married, their marriage is void from the beginning.

2. That during the period of their cohabitation, properties should have been acquired by either or both of them through their work or industry or their wages and salaries.


Proof of "actual joint contribution" and the presumption of "equality of contribution" (Art. 148, FC)

A reading of Article 148 readily shows that there must be proof of "actual joint contribution" by both the live-in partners before the property becomes co-owned by them in proportion to their contribution. The presumption of equality of contribution arises only in the absence of proof of their proportionate contributions, subject to the condition that actual joint contribution is proven first. Simply put, proof of actual contribution by both parties is required, otherwise there is no co-ownership and no presumption of equal sharing (Villanueva vs. Court of Appeals, G.R. No. 143286, April 14, 2004)

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Regime of Separation of Property

Regime of complete separation of property; rules

Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory (Art. 143, FC)

Kinds of separation of property

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 (Art. 144, FC).

Who has the ownership, administration and usufruct of those properties which are considered separate?

The ownership, administration and usufruct of those properties which are considered separate pertain to the spouse to whom they belong. 

Rights of each spouse over his/her property

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 (Art. 145, FC).

Who shall be liable for family expenses?

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 (Art. 146, FC).

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Family

Definition of Family

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 (Art. 149, Family Code)

Persons having family relation with each other

Family relations include those:

1. Between husband and wife;

2. Between parents and children;

3. Between other ascendants and descendants; and,

     4.  Among brothers and sisters, whether of the full or half-blood (Art 150)

Earnest efforts at compromise before suits between family members

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 rule shall not apply to cases which may not be the subject of compromise under the Civil Code (Art 151). 

Art. 2035. No compromise upon the following questions shall be valid:

1. The civil status of persons

2. The validity of a marriage or legal separation

3. Any ground for legal separation

4. Future support

5. The jurisdiction of courts

6. Future legitime


•  If a stranger is a party to a case between close relatives, there is no need to assert or allege earnest efforts at a compromise. The stranger may not be willing to be inconvenienced by the delay, and it is not fair that his rights should depend on the way the relatives would settle their differences (Magbaleta vs. Gonong, G.R. No. L-44903, April 25, 1977)

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Illegitimate Children

Illegitimate Children

Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, FC)

Proof of filiation of illegitimate children; when and how to bring action to claim filiation 

Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent (Art. 175, FC)

How can the filiation of illegitimate children be proved?

The filiation of illegitimate children is established by any of the following:

1. The record of birth appearing in the civil register or a final judgment;

2. An admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of these evidence, the legitimate filiation is proved by:

1. The open and continuous possession of the status of a legitimate child; or

2. Any other means allowed by the Rules of Court and special laws.

Who should file the action to claim the status of an illegitimate child? When should it be filed?

Based on Article 175, the action to claim the status of an illegitimate child must be filed:

1.  by the guardian of a child who is a minor, or is incapacitated or insane, during the child’s lifetime;

2.  by the child, upon reaching the age of majority. If the child dies after reaching the age of majority without filing the action, the heirs cannot file it.

3.  by the child’s heirs if the child dies during minority or insanity, within five years from the death.

If the ground for filing the action is open and continuous possession of the status of a illegitimate child, it must be filed during the lifetime of the alleged parent. (Article 175, 2nd paragraph) 

Rights of illegitimate children

Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child (Art. 176, FC as amended by Republic Act 9255, approved February 24,2004).


1. Surname. Illegitimate children shall use the surname of their mother. They may use the surname of their father if their  filiation  has been expressly recognized by the father through the record of birth appearing in the civil register, or when admission in a public/private handwritten instrument is made by the father. If the father does not recognize the child, the entry for middle name in the birth certificate must be left blank.

2. Parental Authority. Illegitimate children shall be under the parental authority of their mother. 

3. Legitime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.

4. Support. Illegitimate children are entitled to support in conformity of the Family Code.

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Legitimate Children

Kinds of filiation of children

The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (Art. 163, FC)

1. By nature - legitimate or illegitimate

2. By adoption 

Legitimate children

Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (Art. 165) 

1. Children conceived or born during the marriage of parents

2. Children conceived as a result of artificial insemination

Grounds to impugn legitimacy of a child

Legitimacy of a child may be impugned only on the following grounds:

(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual intercourse with his wife;

(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or

(c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or

(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (Art. 166, FC)

Declaration of mother against the legitimacy of a child

The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167, FC)

Status of child whose mother contracts another marriage

If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage;

(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage. (Art. 168, FC)

Children born 300 days after termination of marriage

The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. (Art. 169, FC)

Who can and when to impugn legitimacy of a child 

The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (Art. 170, FC)

When heirs may impugn legitimacy 

The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:

(1) If the husband should died before the expiration of the period fixed for bringing his action;

(2) If he should die after the filing of the complaint without having desisted therefrom; or

(3) If the child was born after the death of the husband. (Art. 171, FC)

How can filiation of legitimate children be proved

The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (Art. 172, FC)

Who can and when to bring action to claim legitimacy

The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

1. child - lifetime

2. heirs - 5 years

What are the rights of legitimate children

Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code (Art. 174, FC)

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Legitimated Children

Who can be legitimated 

Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated (Art. 177, Family Code, as amended by Republic Act 9858 approved on December 20, 2009). 

In order that a child may be legitimated, what requisites must occur?

1. The child was conceived and born outside of wedlock

2. At the time of the conception of the child, the parents were not disqualified by any impediment to marry each other

3. The parents must subsequently enter into a valid marriage

When legitimation takes place 

Legitimation shall take place by a subsequent valid marriage between parents (Art. 178, Family Code). 

Will annulment of a voidable marriage affect the legitimation of the child?

The annulment of a voidable marriage shall not affect the legitimation (Art. 178, Family Code).

Rights of legitimated children 

Legitimated children shall enjoy the same rights as legitimate children.  (Art. 179, Family Code). 

Retroactive effect of legitimation 

The effects of legitimation shall retroact to the time of the child's birth (Art. 180, Family Code).  

Legitimation benefits child’s descendants 

The legitimation of children who died before the celebration of the marriage shall benefit their descendants (Art. 181, Family Code). 

Who can and when to impugn legitimation; grounds

Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues (Art. 182, Family Code). For example, if any of the biological parents was validly married to another person at the time of the conception of the child in question, the child cannot be legitimated.

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•  If at the time of the child’s conception, there is a legal impediment to the marriage of the biological parents, the child cannot be legitimated under Article 177. For example, if any of the biological parents was validly married to another person at the time of the conception of the child in question, the child cannot be legitimated

•  Effects of legitimation

1. Legitimated children enjoy the same rights as legitimate children.

2. The effects of legitimation retroact to the time of the child's birth.

3. The legitimation of children who died before the celebration of the marriage benefit their descendants.

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