a. FC 68 The husband and wife are obliged to live together, observe mutual love, respect and fidelity and render mutual help and support b. FC 72 – When one of the spouses neglects his or her duties to conjugal union or commits acts which danger dishonor or injury to other or family, aggrieved apply to court for relief c. RPC 11 Justifying circ – no crim liab – any who acts in defense of person or rights of spouse, asc, desc, or legit, natural or adopted bros or sis or his relatives by affinity in same degrees and those consanguinity within 4th defree provided the requisites d. RPC 247 Death or physical injuries inflicted under exce[tional circumstances – any legally married having surpused his spouse in the act or immediately after i. Also applicable to parents with respect to daughters under 18 YO and their seduce while daughters living with their parents/ ii. Any person promote prosti of wife or daughter or consented to infidelity not entitled to benefits of this B. Family Domicile a. General rule: jointy i. FC 69 par 1 compared with NCC 110 1. FC 69 – Husband and wife shall fix the family domicile. In case of disagreement the court shall decide Court may exempt one spouse if latter live abrouad or other valid and compelling reasons. Not apply if same not compatible with solidaity of family ii. Exemptio FC 69 par 2 C. Management and Family Support a. FC 70 – sps jointly responsible for the support of the family. Payments from such support and other conjugal obligations shall be paid from community property and in absence thereof, from icome of fruits from separate properties. In case of insufficiency or absence – obli be satisfied from sep properties b. FC 71 – management of household shall be right and duty of both sps. The expenses be paid in acc with FC70 D. Exercise of Profession a. FC 73 – Either sps may exercise and legitimate profession, occupation, businessm or activity without consent of another, The latter may object only on valid, sserious and moral grounds. In case of siagreement, court will decide whether or not (1) objection proper, benefit occurred to the family prior to objection. Foregoing not prejudice cred in GF b. NCC 117 – wife may exercise any prof or occupation or engage in business. However husband may object provided – (1) income is sufficient for family acc to social standing (2) His opposition is founded on serious and valid grounds. In case of disagreement parents and grandparents as well as family council shall be consulted. If no agreement, court will decide. c. Consti Art II Section 14 – role of women in nation building and ensure fundamental equality before the law of women and men d. Const Art XIII Sec 14 – protect working women by providing safe and healthful working conditions taking into account maternal functions and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of nation e. NCC 113 – Husband must be joined in all suits by or against wife except: i. Judicial sep ii. Sep in fact for one year iii. Separatopm pf property agreed in marriage settlements iv. Admin of property in marriage has been transferred to her v. Litigation is bet husband and wife vi. Suit concerns her paraphernal prop vii. Actio is upon civil liability arising from crim offense viii. Litigation is incidental to profession occupation or business ix. In any civil ax referred in articles 25 to 45 x. Action upon QD
Property relations between husband and wife
A. What made; governs marriage settlements
a. When made; modifications i. FC 1 Marriage is special contract…. Not subject to stip except that marriage settlements may fix the property relations during marriage within limits provided by this code ii. FC 76 – In order that any modification in MS may be valid, it must be made before the celebration of marriage iii. (AFTER) FC 66 – Reconcialiation referred in preceding have the ff conseq – LS proceedings if still pendin shall be terminated at whatever stage; final decree of LS shall be set aside by sep of property and any forfeitrue of the share of guilty sps already effected shall subsist unless sps agree to revive their former regime. iv. AFTER – FC 67 – Agreement to revive former propert regime referred to in preceding shall be executed under oatha dn shall specift 1. Properties to be contributed anew to the restored regime 2. Those to be retained as separate properties of each spouse 3. Names of all their known creditors, addresses and amounts owing to each The agreement of revival and motion for approval be filed in same proceeding for legal sep and copies be furnished to creditors and such order be recorded in proper registries of properties. Recording shall not prejudice any creditor not lister or notified unless debtor sps have sufficient sep properties v. After – FC 128 – is sps without JC abandons the other or fails to comply with obli to family, the aggrieved sps may petition court for receivership for jud separation of property, or for authority to be sole admin of CPP subject to such precautionaryconditions as court may impose. Sps deemed abandoned when he or sheleft without intention of returning. PF – 3 months to give info on whereabouts. vi. FC 135 – any considered siff cause for jud sep or prop 1. SOs if oet has been sentenced to penalty which also carrries Civil interdiction 2. Sps of pet has been judicially declared an absentee 3. Loss of parental authority of sps of petitioner has been declared by court 4. Sps of petitioner has abandonedthe latter or failed to comply with obligations to the family 5. Sps granted power of admin in marriage settlements has abused that power and 6. At time of petition spses have been sep in fact for at least one year and reconciliation highly improbable vii. FC 136 – sps may jointly file a verified petition with the court for the voluntary dissolution of ACP or CPG and for the separation of their common properties 1. All creditors of the AC or CPG as well as personal rcreditors of sps shall be listed in petition and notified of the filing thereof. Court shall take measures to protect the creditors and other persons with pecuniary interest b. Form of MS; registration req i. FC 77 – MS and any modif shall be in writing signed and eXecuted before marriage. They shall not prejudice third persons unless they are registered in the local civil registry where Marriage contract is recorded as well as the proper registries of peroperties c. Celebration of marriage i. FC 81 – Everything tipulated in the settlements or contracts in preceding articles in consideration of a future marriage inc donations between sps made therein shall be void if marriage din not take place. Stip not depending on celeb of marriage shall be valid d. Who may enter into MS i. Minor FC 78 – A minor who according to law may contract marriage may also exec his or her MS but they shall be valid only if the persons designated in Art 14 to give consent to marriage are made parties to the agreement subject to provisions of Art IX of this code ii. Persons under CI iii. Incapacitated persons 1. FC 79 – for the validity of any MS exec by a person upon whom a sentence of CI has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a comepetent court to be made a party thereto. 2. NCC38 – Minority, insanity or imbecility the state of being deaf mute, prodigality and CI are mere restrictions on capacity to act and do not exempt theincapacitated person from certain obligations as when the latter arise from his acts or from property relations such as easements. 3. NCC 39 – ff circ among others modif or limit capacity to act: age, insanity, imbecility, state of beingdeaf ute, penalty, prodigality, family relations, alienage, absence, insolvencym and trusteeship. The consequences of these circ are governed in the code, other codes ROC< and in special laws. Capacity to act is no limited on account of religious belief or political opinion. A married woman 21 years or up is qualified for all acts of civil life except those specified in law. B. Which law governs property relations? a. Stipulatons I MS i. FC 81 Everything stip in settlements or contracts referred to in the preceding articules in considerartion of future marriage if not hapappen is void. b. If both Fil c. Mixed marriage d. If both aliens e. Property located outside PH i. FC 80 – In absence of contrary stip in MS, prop relations of sps shall be governed bby PH laws regardless of place of celeb and residence. Not apply (2) with respect to extrinsic validity of contracts affecting prop not situated in PH and exec in country where prop is located (3) with respect to extrinsic validity o contracts enetered in PH but affecting pro[erty situated in foreign country whose laws require different formalities for its extrinsic valdidtiy ii. NCC 16 – Real prop as well as Personal prop where situated. Inteste amd testamentary etc iii. FC 3 – forma; requisites of marriage iv. NCC 17 – formas and solemnities of contracts governed by laws where executed. C. Donation propter nuptias a. Definition – FC 82 – donations by reason of marrage- those made before its celebration, in consideration of same and in favor of one or both sps. b. Who may be donors c. What may be donated by the sps i. Present property – FC 84 – If future sps agree upon a regime other than ACP, they cannot donate to each other in their MS more than 1/5 of their present property. Any excess shall be void. Donations of future property shall be governed by provisions on testamentary succession and formalities of wills ii. Future property 1. FC 84 – if future sps agree on a regime other than ACP, they canno donate to each other in MS more than 1/5 of present property. Any excess shall be void. Donations of future prop governed by prov on testa succession and formalities of will 2. NCC 761 – In cases referred in preceding article, donation shall be revoked or reduced insoafar as it exceeds protion that may be freely disposed of by will taking into account the whole estate of the donor at time of birth, appearance or adoption of child iii. Encumbered property – FC 85 – Donations by reason of marriage of prop subject to encumbrances shall be valid. In case of FC of the encumbrance and prop is sold for tless than total amount of obli secure, done shall not be liable for deficiency. If prop is sold for morethan total amount of sai d obli, done entitled to excess. iv. Donations in MS – FC 81 – Everything stipulated in settlements or contracts refrred in preceding articles in consideration of future marriage inc donations between prospective void if marriage does not take effect. D. Void donations by sps – FC 87 – every donation or grant of gratuitous advantage shall be void except moderate gift which sps may give each other on occasion of family rejoicing. Prohib aso on persons living together as H and W without valid marriage. 1. Donations during marriage 2. Donations in common law marriages 3. Exceptions E. Revocation of donations proprter nuptias – FC 86 – A donation by reason of marriage may be revoked by donor in ff: i. Marriage not celeb or judicially declared BAI except donations made in MS governed by Art 81 ii. Marriage takes place without consent of parents or guardians iii. Marriage is annulled and done acted in BF iv. Upon leg sep the done being guilty sps v. If it is with a resolutory condition and condition complied with vi. Donee acted ingratitude as specified in CC on donations a. Revocation by donors vii. FC 86- donation by reason of marriage may be revoked in ff cases viii. NCC 765 – donation may be revoked at instance of donor by reason of ingratitutede in ff: 1. If done should commit some offense against the person, honor, or property of donor or his wife or children under his parental authority 2. If done imputes to the donor any criminal offense, or any act involving moral turpitude even if he should prove it unless crime or act has been committed against done himself, his wife or children under authority 3. If he unduly refuses him support when done is legally or morally bound to give support to the donor b. By operation of law FC 43 – termination of subsequent marriage referred in preceding art produce the effects – donations valid except if done contracted marriage in BF asuch donation revoked by operation of law i. FC 44 if both sps of subsequent marriage acted in BF 0 said marriage VAI and all dispositions made by one in favor of another are revoked by operation of law ii. Everything stipulated in settlements or contracts refrred in preceding articles inc consideration of future marriage void if not happens. F. Absolute Community of Property (SEE BOOK NA LANG)