EO 209 of 1987 - Philippines Family Code PDF

# Family Code of the Philippines ## Review and Pointers in Family Code **Law - Executive Order No. 209 series of 1987** - When signed - July 6, 1987 - When Effective - August 3, 1988 - What is the Title of the law - Family Code of the Philippines ## Marriage **Definition of Marriage:** It is a...

# Family Code of the Philippines ## Review and Pointers in Family Code **Law - Executive Order No. 209 series of 1987** - When signed - July 6, 1987 - When Effective - August 3, 1988 - What is the Title of the law - Family Code of the Philippines ## Marriage **Definition of Marriage:** It is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code. **Who can marry** - Any male or female of the age of eighteen years or upwards may contract marriage. **What are the essential requisites of marriage?** - Legal capacity of the contracting parties who must be a male and a female; and - Consent freely given in the presence of the solemnizing officer. **What are the formal requisites of marriage?** - Authority of the solemnizing officer; - A valid marriage license. Once issued, the same will be valid for one hundred twenty days from the date of issue; - A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. **Who can solemnize marriage?** 1. Any incumbent member of the judiciary within the court's jurisdiction; 2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; 3. Any ship captain or airplane chief only in the cases in articulo mortis between passengers or crew members; 4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, only in cases in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians 5. Any consul-general, consul or vice-consul in the case of marriage between Filipino citizens abroad. **Where should marriages be solemnized** - it must be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. **Effect of the absence of any of the essential or formal requisites** - the marriage is void ab initio, but a mere defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. **When is Parental Consent on marriages required** - it is required when one or both of the contracting parties are eighteen and twenty-one years old. **Who must give the consent** - the father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. **When is Parental Advice required** - it is required when one or both of the contracting parties are between twenty two and twenty-five years old. ## Grounds for Void Marriages: - The absence of any of the essential or formal requisites shall render the marriage void ab initio. - Those contracted by any party below eighteen years of age even with the consent of parents or guardians; - Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; - Those solemnized without a marriage license; - Those bigamous or polygamous marriages; - Those contracted through mistake of one contracting party as to the identity of the other; - Those subsequent marriages that are void because prior decree of nullity or annulment did not comply with the partition and delivery of presumptive legitime to their children; - A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage; - Incestuous Marriages, whether legitimate or illegitimate: - Between ascendants and descendants of any degree; and - Between brothers and sisters, whether of the full or half blood. - Marriages for reasons of public policy: - Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; - Between step-parents and step-children; - Between parents-in-law and children-in-law; - Between the adopting parent and the adopted child; - Between an adopted child and a legitimate child of the adopter; - Between adopted children of the same adopter; and - Between the surviving spouse of the adopting parent and the adopted child; - Between the surviving spouse of the adopted child and the adopter; - Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. - A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. - For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. - If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. ## Grounds for Voidable Marriages: - That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; - That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; - That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. - Fraud must be: - Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; - Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; - Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or - Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. - That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; - That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or - That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. ## When to file action for annulment of marriage and by whom? - Without Parental Consent: by the husband or wife within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the party, at any time before such party has reached the age of twenty-one; - For unsound mind: by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity; - Fraud: by the injured party, within five years after the discovery of the fraud; - Force, Intimidation, and Undue Influence: by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; - Physical Incapacity to consummate marriage: by the injured party, within five years after the marriage. ## Legal Separation Legal Separation is a judicial process wherein the spouses are to live separately from each other and the obligation of mutual support between the spouses ceases, but the marriage bond is not severed. In legal separation, the spouses are still technically considered married. ## Grounds for Legal Separation - Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; - Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; - Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; - Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; - Drug addiction or habitual alcoholism of the respondent; - Lesbianism or homosexuality of the respondent; - Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; - Sexual infidelity or perversion; - Attempt by the respondent against the life of the petitioner; or - Abandonment of petitioner by respondent without justifiable cause for more than one year. ## When should a Petition for Legal Separation be denied: - Where the aggrieved party has condoned the offense or act complained of; - Where the aggrieved party has consented to the commission of the offense or act complained of; - Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; - Where both parties have given ground for legal separation; - Where there is collusion between the parties to obtain decree of legal separation; or - Where the action is barred by prescription. ## When to file for an action for legal separation Legal Separation shall be filed within five years from the time of the occurrence of the cause. ## Property Relations What governs the property relations - The property relationship between husband and wife shall be governed in the following order: - By marriage settlements executed before the marriage; - By the provisions of Family Code; and - By the local custom. ## Property Regime Property Regime is the system of property relations applicable to the spouses. The law allows the future spouses to select their property regime, and, in case they fail to do so, the law provides for a default one, i.e. Absolute Community of Property. ## Absolute Community of Property (ACP) Legal Regime (default regime) is Absolute Community of Property. What is a marriage settlement – It is also called ante-nuptial or pre-nuptial agreement, it is a contract entered into by a man and a woman who intend to get married regulating their property relations during marriage, including the property regime that will govern their present and future properties. When is marriage settlement executed - It is made before the celebration of marriage. What is the form of a marriage settlement - The marriage settlement (including any modification thereof) must be: - In writing; and - Signed by the parties. **Note:** To bind third persons, they must be in a public instrument and registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. What is donations propter nuptias - Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. Can the future spouses donate to each other - Yes but only when there is a marriage settlement and they are not yet married. When in the marriage settlement, the parties agreed to any kind of regime (other than the regime of absolute community of property), they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. **Note:** Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. ## What constitutes community property in the system of ABSOLUTE COMMUNITY OF PROPERTY (ACP) The ACP shall consist of ALL the property owned by the spouses at the time of the celebration of the marriage (present property) or acquired thereafter (future property). ## What constitutes Exclusive or Reserved Property The following properties are excluded from the ACP: - Property acquired during the marriage by gratuitous title (gifts or inheritance) by either spouse, and the fruits and income thereof, UNLESS the donor, testator or grantor expressly provides that they shall form part of the community property. - Property for personal and exclusive use of either spouse EXCEPT jewelry which shall form part of the ACP. - Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits and income thereof. - Property excluded by the marriage settlement. ## What is conversion If an exclusive property is later sold or exchanged, the price or the newly-acquired property remains exclusive. ## What is the nature of an ACP In this regime, the husband and the wife are joint owners of all the properties of the marriage. In general, all properties owned by the spouses at the time of the celebration of the marriage (present property) or acquired thereafter (future properties) form a common mass. ## What is the legal regime under the Family Code ACP is the legal regime under the Family Code. This means that for marriages celebrated after the Family Code took effect, ACP will govern if the parties do not agree on another property regime in the marriage settlement, or if their agreement is void. ## When does the ACP commence It commences 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 the spouse waive his/her rights, shares and effects in the ACP No waiver of rights, shares and effects of the ACP during the marriage can be made. This is to protect a spouse from undue influence from his/her spouse. **Note**: The provision on co-ownership shall apply to the ACP in all matters not provided for by the Family Code. ## What constitutes, CONJUGAL PARTNERSHIP OF GAINS (CPG) The following are conjugal partnership properties: - Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses. - Those obtained from the labor, industry, work or profession of either or both of the spouses; - The fruits due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse - The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; - Those acquired through occupation such as fishing or hunting; - Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and - Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. ## What constitutes Exclusive Property in CPG The following shall be the exclusive property of each spouse: - That which is brought to the marriage as his or her own; - That which each acquires during the marriage by gratuitous title: - That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and - That which is purchased with exclusive money of the wife or of the husband. ## When is CPG applicable – CPG apply in the following cases: - When the future spouses agree in the marriage settlement that CPG shall govern their property relations; and - CPG already established before the effectivity of the Family Code. ## When does CPG commence CPG shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the CPG at any other time shall be void. **Note**: same in ACP, the spouses in the CPG cannot waive their rights, shares and effects in the CPG during their marriage. This is to protect a spouse from undue influence. **Note**: The CPG shall be governed by the rules on partnership in all that is not in conflict with the provisions of the Family Code or the marriage settlement. ## How can an exclusive property of one of the spouses be disposed The owner spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. ## What are the special rules in determining if property is conjugal or exclusive? - **Rule on property bought on installments which is paid partly from exclusive funds of either or both spouses and partly from conjugal funds -** - Property belongs to the buyer spouse if full ownership was vested before the marriage. - Property belongs to the CPG if such ownership was vested during the marriage. - **Rule on credits and interest. Whenever an amount or credit payable within a period of time belongs to one of the spouses** - The partial payments or installments on the principal collected during the marriage shall be exclusive property. - The interest falling due during the marriage shall belong to the CPG - **Rule on improvements on separate property. Where improvements (whether for utility or adornment) are made on the separate property of one spouse, at the expense of the partnership or through the efforts of either or both spouses, the ownership of such improvement pertains –** - To the conjugal partnership, when the cost of the improvement made by the conjugal partnership and any resulting increase in value EXCEED the value of the property at the time of the improvement. - To the original owner spouse, when the cost of the improvement made by the conjugal partnership and any resulting increase in value DOES NOT EXCEED the value of the property at the time of the improvement. ## THE RULES COMMON TO BOTH ACP AND CPG: **CHARGES AND OBLIGATIONS OF THE ACP/CPG:** The charges upon and obligations of the ACP and of the CPG are similar, except for a couple of differences which will be pointed out below. - The obligations may be categorized into primary and secondary. - PRIMARY OBLIGATIONS are those which the ACP/CPG is directly liable. ## Primary Obligations The ACP/CPG shall be liable for the obligations or expenses listed below. If the ACP/CPG is insufficient, the spouses shall be solidarily liable for the unpaid balance with the separate properties. 1. **Support of the spouses, their common children (legitimate children of either spouse; support of illegitimate children shall be governed by the provisions of this Code on Support)** 2. **Debts and obligations** - contracted during the marriage by the designated administrator-spouse for the benefit of the ACP/CPG, or by both spouses or by one of them with the consent of the other; - contracted during the marriage by either spouse without the consent of the other to the extent that the family may have been benefited. - contracted before the marriage (ante-nuptial debts) by either spouse insofar as they have redounded to the benefit of the family 3. **Expenses for self-improvement -** - Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement. - 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. 4. **Incidental Expenses** - All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property. - All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse. - Difference between ACP and CPG with respect to the incidental expense: For the ACP to be liable, it is required that the separate property be actually "used by the family". For the CPG, this is not a requirement because the CPG is necessarily the usufructuary of the separate properties. - Expenses of litigation between the spouses unless the suit is found to be groundless. ## Secondary Obligations The ACP/CPG shall be liable for the following separate obligations of a spouse, but subject to the following qualifications: - The ACP/CPG is liable only in case of absence or insufficiency of the exclusive property of the debtor-spouse. - For the CPG to be liable, it must also be proved that the foregoing primary obligations of the CPG have been covered before the CPG is to be liable for the secondary obligations. (not a requirement in ACP) - The payment by the ACP/CPG of such obligations shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the ACP/CPG. 1. Ante-nuptial debts without benefit to the family; 2. Support of illegitimate children of either spouse; 3. Fines and indemnities imposed upon either spouse. ## Gambling losses Gambling losses during the marriage (whether permitted or prohibited by law) shall be borne by the loser and shall not be charged to the ACP/CPG but any winnings therefrom shall form part of the ACP/CPG. ## Joint Administration The administration and enjoyment of the ACP/CPG shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision. ## Sole Administration in case of Incapacity In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the ACP/CPG, the other spouse may assume sole powers of administration. ## Disposition or encumbrance The powers of administration do not include disposition or encumbrance, as the latter acts require the written consent of the other spouse or the authority of the court (in case the other spouse cannot give consent). In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. ## Donation Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress. ## Dissolution of ACP/CPG The following are the causes of termination of the ACP/CPG: - Death of either spouse; - Decree of legal separation; - Annulment or declaration of nullity; or - Judicial separation of property during the marriage ## Effect of Separation In Fact Between Spouses No effect on the ACP/CPG except: - Spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; - When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; - In the absence of sufficient ACP/CPG, the spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share in the support of the family. ## Abandonment or Non-performance of Marital Obligations – Remedy If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for: - receivership; - judicial separation of property, or - authority to be the sole administrator of the ACP/CPG, subject to such precautionary conditions as the court may impose. The obligations to the family mentioned refer to marital, parental or property relations. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. ## Liquidation of the ACP/CPG Assets and Liabilities - **Pre-liquidation**: Upon termination of the ACP/CPG, and pending its liquidation, there is an implied co-ownership among the parties (the spouses or their respective heirs, as the case may be) in the ACP/CPG assets. In this pre-liquidation scenario, the rules of co-ownership apply. Each of the co-owners may dispose of his share, but such disposition is limited only to his undivided interest or pro indiviso share, and not to any specific property or part of it. - **Liquidation Process**. Upon the dissolution of the ACP/CPG, the following procedure shall apply: - **Inventory:** An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. - **Payment of ACP/CPG Debts out of ACP/CPG assets;** - If ACP/CPG assets are insufficient, spouses shall be solidarily liable with their exclusive properties; - Whatever remains of the exclusive properties shall be delivered to each of the spouses. - **Division of the Net ACP Assets (Net remainder of the properties of the ACP) or of Net CPG Profits (net remainder of the properties of the CPG)** - Division shall be equal, unless a different proportion or division was agreed upon in the marriage settlements, or there has been a voluntary waiver of such share. - **Delivery Presumptive Legitimes to the common children.** - Conjugal Dwelling – Unless otherwise agreed upon by the parties, the conjugal dwelling and lot shall be adjudicated to the spouse with whom the majority of the common children choose to remain. - **Liquidation after Death of Either Spouse.** - **Through Settlement Proceedings.** Upon termination of the marriage by death of either spouse, the ACP/CPG shall be liquidated in the same proceeding for the settlement of the estate of the deceased. - **Without Settlement Proceedings.** If no Judicial Settlement proceeding is instituted, the surviving spouse shall liquidate the ACP/CPG either judicially or extra-judicially within 6 months from the death of the deceased spouse. If no liquidation is made, then - - Any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. - Should the surviving spouse contract a subsequent marriage, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. - The respective capital, fruits and income of each community/partnership shall be determined upon such proof as may be considered according to the rules of evidence. - In case of doubt, the property shall be divided between the different communities/partnerships in proportion to the capital and duration of each. - **Support.** Pending liquidation and until delivery of their shares, the surviving spouse and children shall receive support from the common mass of property. Support in excess of the fruits or rents pertaining to them shall be deducted from their shares. ## Judicial Separation of Property What are the two types of separation of property - First is the regime of separation of property as expressly declared in their marriage settlement, and secondly, by judicial order or Judicial Separation of Property. What are the ground/s for Judicial Separation of Property – Judicial Separation may either be voluntary. with cause, or as an incident of legal separation - **Voluntary, or by agreement of the spouses** - This is done by a verified petition filed jointly by the spouses for the voluntary dissolution of the ACP or CPG and for the separation of their common properties; - All creditors of the ACP or CPG, as well as the personal creditors of the spouse, shall be notified; - Extrajudicial separation of property, or voluntary separation of property without judicial approval, is void; - Voluntary Separation is not perfected by mere consent, but only upon approval of the court. - **For Sufficient Cause:** The following shall be considered sufficient cause for judicial separation of property: - Interdiction; - Spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction; - Spouse of the petitioner has been judicially declared an absentee; - Loss of parental authority of the spouse of petitioner has been decreed by the court; - In the cases provided for in Numbers (i), (ii) and (iii), 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. - Spouse of the petitioner has abandoned the latter or failed to comply with his or her marital, parental or property obligations; - Spouse granted the power of administration in the marriage settlements has abused that power, and - At the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable. - **As an incident of a decree of legal separation.** ## Procedural Matters - During the pendency of the proceedings for separation of property, the ACP or the CPG shall pay for the support of the spouses and children. - Once the separation of property has been decreed, the ACP/CPG shall be liquidated in conformity with the Family Code. - After dissolution of the ACP/CPG, the provisions on complete separation of property shall apply. - The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property. ## Effects of Separation of Property - The ACP/CPG is dissolved; - Each Spouse shall have exclusive ownership and administration of his or her earnings and the fruits of his or her exclusive properties; - The obligation of the spouses to support their children continues, each spouse contributing according to his income or property; - The mutual obligation of the spouses to support each other also continues; and - As to creditors, the separation of property shall not prejudice the rights previously acquired by creditors. ## Revival - **Manner**. The spouses may revive their former property regime by filing a motion in the same proceedings where separation of property was decreed. - **Grounds for Revival:** - When the civil interdiction terminates; - When the absentee spouse reappears; - 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; - When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other; - When parental authority is judicially restored to the spouse previously deprived thereof; - When the spouses who have separated in fact for at least one year, reconcile and resume common life; or - When after voluntary dissolution of the ACP/CPG 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. ## Transfer of Administration of Exclusive Property - **Causes.** The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse in the following instances: - When one spouse becomes the guardian of the other; - When one spouse is judicially declared an absentee; - When one spouse is sentenced to a penalty which carries with it civil interdiction; or - When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. - **Third Party as Administrator.** 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. - **Distinguished from Administration of ACP/CPG Property.** Under Arts. 96 and 125 FC, a spouse may assume sole powers of administration over the ACP/CPG properties in case the other spouse becomes incapacitated or unable to participate in the administration. No court intervention is necessary. This is different from Art. 142, where administration of exclusive property is transferred by the court. ## Regime of Separation of Property - **Nature.** In the regime of separation of property, each spouse retains ownership, management and control of his or her property brought into the marriage and of the property he or she acquired during the marriage, including all their fruits and accessions, but under the obligation to contribute proportionately to the family expenses. - **Advantages and Disadvantages.** This regime is simple and needs no liquidation. However, it is inconsistent with the common life of the spouses and the solidarity of the family. It is also ordinarily unfavorable to the wife, whose domestic duties give her less opportunity for business or personal earnings. - **What Rules Govern:** In case of conventional separation of property or separation of property as agreed upon in the marriage settlements, the property relations are governed - - By provisions of marriage settlements, and - Suppletorily, by the provisions of the Family Code on Separation of Property. - **Scope:** - Separation of property may refer to present or future property or both; - Separation of property may be total or partial. - If partial, the property not agreed upon as separate shall pertain to the absolute community. - In the absence of contrary stipulation, income from work or industry and property acquired by onerous title are community property. - Fruits, natural, industrial or civil, of property under the regime of separation of property are exclusively owned by the owner-spouse. - **Exclusive Ownership and Disposition:** - 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. - **Liability 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. ## Property Regime of Unions Without Marriage The property regime of unions without marriage is governed by co-ownership, but there are differences between unions where the parties are capacitated to marry each other and unions where the parties are not. ### Parties are capacitated to marry each other: 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. - The property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. - Properties acquired during cohabitation shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. - A party shall be deemed to have contributed jointly in the acquisition in a property even if his or her 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 - 1) common children; 2) 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; 3) 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. ### Requisites: - It is required that the man and woman: - Must be capacitated to marry each other; - Live exclusively with each other as husband and wife; and - Their union is without the benefit of marriage or their marriage is void. ### Parties are not capacitated to marry each other: When parties have no legal capacity to marry or have some impediment to marry each other. - Wages and salaries earned by each party belong to him or her exclusively (or to the ACP/CPG, if the earner is married). - 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. This applies to bigamous marriages, adulterous relationships, relationships in a state of concubinage, relationship where both