PERSONS AND FAMILY - A person who deprives a spouse of the

consortium or services of the other spouse, if fully

RELATIONS proven, can be held liable for damages
Reviewer – Pineda, Sta. Maria and CAN A HUSBAND COMMIT RAPE AGAINST HIS
Rabuya WIFE?
Atty. Gideon Mortel - Rape is committed by a man who shall have
carnal knowledge of a woman through force,
threat or intimidation; when the offended party is
TITLE III: RIGHTS AND OBLIGATIONS BETWEEN deprived of reason or otherwise unconscious; by
HUSBAND AND WIFE means of fraudulent machinations or grave abuse
of authority; and when the woman is under 12
Article 68. years of age or is demented, even though none of
The husband and wife are obliged to live together, the circumstances above be present (Art. 266-A
observe mutual love, respect and fidelity, and RPC, as amended by RA 8353)
render mutual help and support. (109a) - It is also committed by any person who, under
any of the circumstances mentioned, shall commit
DUTIES AND OBLIGATION an act of sexual assault by inserting his penis into
- There is, therefore, virtue in making it as difficult another person’s mouth or anal orifice (opening),
as possible for married couples to abandon each or any instrument or object, into the genital or
other’s company anal orifice of another person
- When people understand that they must live - Yes, a husband can be held liable but the
together, they learn to soften by mutual subsequent forgiveness by the wife as the
accommodation because they know they cannot offended party shall extinguish the criminal action
just shake off what they had entered into or the penalty
- Necessity is a powerful master in teaching the  The crime shall not be extinguished or the
duties which it imposes [Arroyo v. Vasquez de penalty shall not be abated (lessened) if the
Arroyo, 42 Phil. 58-59] marriage is void ab initio. (Art. 226-C, RPC,
- Procreation is also an essential marital obligation as amended by RA 8353)
 It is a universal principle that procreation of - Constitutes an act of violence against a woman,
children through sexual cooperation is the including the wife (Sec. 3, RA 9262 – VAWC)
basic end of marriage [Chi Ming Tsoi v. - RA No. 8353, amending the RPC, reclassified
Court of Appeals, 78 SCAD 57, 266 SCRA rape as a crime against person and making it
324] clear that a husband can be criminally liable

NO COMPULSION Article 69.

- Spouses cannot be compelled to live together, The husband and wife shall fix the family domicile.
observe mutual love, respect and fidelity through In case of disagreement, the court shall decide.
an issuance of a court decision
- Moral obligation is the only motivating factor for The court may exempt one spouse from living with
making spouses observe such duties and the other if the latter should live abroad or there
obligations [Ramirez-Cuaderno v. Cuaderno, 12 are other valid and compelling reasons for the
SCRA 505; Potenciano v. Court of Appeals, G.R. exemption. However, such exemption shall not
Nos. 139789, 139808, July 19, 2001] apply if the same is not compatible with the
solidarity of the family. (110a)
- Wife’s domestic assistance and conjugal
companionship are purely personal and voluntary
DOMICILE
acts which neither the spouses may be compelled
- Definition
to render [Arroyo v. Vasquez, 42 Phil. 54]
 Place of habitual residence
DAMAGES FOR FAILURE TO COMPLY WITH  Place where the parties intend to have their
OBLIGATIONS permanent residence with the intention of
always returning even if they have left it for
- There can be no action for damages merely
some time
because of a breach of marital obligation [Ty v.
- Minors follow the domicile of their parents
Court of Appeals, G.R. No. 127406, November
27, 2000] It is as if one spouse is to pay the other - Should be agreed upon by the husband and wife
damages from conjugal funds.  Prior to the repeal of Art. 100 of NCC, the
- In a separation of property, a spouse may be held husband, being the legal administrator of the
liable under Article 19, 20, or 21, NCC (Abuse of property, has he sole power to decide where
right doctrine) the family domicile will be
- Desertion and securing of an invalid divorce - The Family Code recognizes revolutionary
decree of one consort entitles the other to recover changes in concept of women’s rights in the
damages and attorney’s fees [Tenchavez v. intervening years by making the choice of
Escano, 15 SCRA 355] domicile a product of mutual agreement between

1|Page
 the spouses [Romualdez-Marcos v. COMELEC, or conduct is considered as acts of violence
64 SCAD 358, 248 SCRA 300] against women under RA 9262 (VAWC)
- A spouse can validly live away from the other only - Exercise considered to redound to the benefit of
if the latter should live abroad or there are other the family
valid and compelling reasons for the exemption - The absolute community or the conjugal
- Exemptions shall not apply if incompatible with partnership property cannot be held liable for any
the solidarity of the family loss resulting from an insolated transaction,
unless proof showing direct benefit to the family is
Article 70. presented [Ayala Investment v. Court of Appeals,
The spouses are jointly responsible for the support G.R. No. 118305, February 12, 1998]
of the family. The expenses for such support and  The husband cannot be held solidarily liable
other conjugal obligations shall be paid from the with the wife for damages resulting from a
community property and, in the absence thereof, breach of contract entered into by the wife
from the income or fruits of their separate wife who is responsible for the breach of a
properties. In case of insufficiency or absence of video contract she entered into [Go v. Court
said income or fruits, such obligations shall be of Appeals, G.R. No. 114791, May 29, 1997,
satisfied from their separate properties. (111a) 82 SCAD 887]
- Disagreements in the desire of one to engage in a
EXPENSES FOR SUPPORT AND HOUSEHOLD certain profession, occupation, business or
MANAGEMENT activity must be anchored only on valid, serious
and moral grounds
Article 71. - Courts shall decide if objection is proper in a
The management of the household shall be the summary judicial proceeding in accordance with
right and duty of both spouses. The expenses for Article 253
such management shall be paid in accordance with - If objectionable, the exercise of the business can
the provisions of Article 70. (115a) be judicially stopped

Article 72. SEPARATE PROPERTY LIABILITY

When one of the spouses neglects his or her - General Rules:
duties to the conjugal union or commits acts which  Debts and obligations, of whatever nature
tend to bring danger, dishonor or injury to the and regardless of the time they were entered
other or to the family, the aggrieved party may incurred, but redounding to the benefit of the
apply to the court for relief. (116a) family, shall be chargeable to the conjugal
partnership of gains or the absolute
Article 73. community property
Either spouses may exercise any legitimate  Obligations incurred as a result of a
profession, occupation, business or activity spouse’s exercise of his or her legitimate
without the consent of the other. The latter may profession, occupation or as a result of a
object only on valid, serious, and moral grounds. spouse’s undertaking of his or her own
legitimate business, is an obligation
In case of disagreement the court shall decide redounding to the benefit of the family or the
whether or not: conjugal partnership or the absolute
1) The objection is proper, and community property, shall be shouldered by
2) Benefit has accrued to the family prior to the conjugal partnership or community
the objection or thereafter. If the benefit property [Ayala Investment v. CA]
accrued prior to the objection, the resulting - Exception:
obligation shall be enforced against the  2nd paragraph, Item 2
separate property of the spouse who has  When benefit accrues prior to the objection,
not obtained consent. in case of professions which are seriously
invalid and immoral, the separate property of
The foregoing provisions shall not prejudice the the erring spouse shall be liable for all
rights of creditors who acted in good faith. (117a) obligations even if the benefit accrued in
favor of the family
LEGITIMATE PROFESSION  Innocent spouse must have no knowledge of
- The husband and the wife can engage in any the immoral activity such that he could not
lawful enterprise or profession without the have interposed any objection
consent of the other - Even when there is no disagreement in an
- The act of compelling the wife to desist from immoral activity, the erring spouse is not barred
pursuing a profession or any other conduct which from interposing an authentic objection later
the wife has the right to engage in, or prevent the - Such separate liability is a way of penalizing the
wife from engaging in any legitimate profession, spouse for engaging in a serious invalid and
occupation, business or activity with the purpose immoral profession or occupation
or effect of controlling or restricting her movement

2|Page
TITLE IV: PROPERTY RELATION BETWEEN - The requirement that the agreement must be in
HUSBAND AND WIFE writing is mandatory not only for enforceability but
also for its validity
Article 74. - ORAL MARRIAGE SETTLEMENT: void and
The property relations between husband and wife cannot be ratified by any claim of partial
shall be governed in the following order: execution or absence of objection
1) By marriage settlements executed before - VOID STIPULATIONS
the marriage;  A stipulation that the conjugal partnership of
2) By the provisions of this Code; and gains or absolute community of party will
3) By the local customs (118) start at any time other than the precise
moment of the celebration of marriage (Art.
Article 75. 88 and 107)
The future spouses may, in the marriage  A stipulation that spouses can make a
settlements, agree upon the regime of absolute substantial donation to each other during
community, conjugal partnership of gains, their marriage (Art. 87)
complete separation of property, or any other  Any other property regime than the complete
regime. In the absence of a marriage settlement, or separation of property during a subsequent
when the regime agreed upon is void, the system marriage (Art. 103 and 130)
of absolute community of property as established - DEFAULT PROPERTY REGIME
in this Code shall govern. (119a)  Absolute community of property
 Prior to the effectivity of the Family Code in
Article 76. 1988, marriages are governed by the
In order that any modification in the marriage conjugal partnership of gains
settlements may be valid, it must be made before
the celebration of the marriage, subject to the PREJUDICE TO THIRD PARTIES
provisions of Article 66, 67, 128, 135, and 136. (121) - Marriage settlement and any modification thereof
must be registered in the local civil registry where
Article 77. the marriage contract is recorded and in the
The marriage settlements and any modification proper registries of property to bind third persons
thereof shall be in writing, signed by the parties - No marriage settlement, no property to register
and executed before the celebration of the - Effect of transformation of property by operation
marriage. They shall not prejudice third persons of law from being exclusively-owned to one which
unless they are registered in the local civil registry is co-owned because it has become part of the
where the marriage contract is recorded as well as absolute community of property may have
in the proper registries of property. (122a) different effects on a third party, despite the fact
that there is no marriage settlement to register
PROPERTY RELATIONS AND PRE-NUPTIAL
AGREEMENTS FAIRNESS IN MARRIAGE SETTLEMENT
- There should be a full and complete community of - Relationship is one of mutual trust and confidence
existence between the spouses [Soclolo v. CAR,
- Fairness should be measured at the time of the
106 Phil. 1038]
execution of the agreement
- Spouses cannot sell properties to each other,
- Considerations:
except when a separation of property was agreed
 Relative situation of the parties
upon in the marriage settlement; or when there
 Respective ages
has been a judicial separation of property (Art
 Health and experience
1490, NCC)
 Respective properties
- The rule that no right of accretion in cases of
 Family ties and connections
donation made to several persons is not  Spouse’s needs
applicable to donation jointly made to husband
- The effectivity of an unfair and unreasonable
and wife. There shall be such right, unless the
agreement may still be maintained if it can be
donor has otherwise provided (Art 753, NCC)
shown that the disadvantaged spouse, when she
 Right of Accretion. When two or more
signed, had an understanding of her rights to be
persons are called to the same inheritance,
waived or prejudiced or in a manner affected by
devise or legacy, the part assigned to the
the agreement
one who renounces or cannot receive his
- Signature must be made freely, voluntarily,
share, or who died before the testator, is
intelligently, and preferably upon competent and
added or incorporated to that of his co-heirs,
independent advice
co-devisees, or co-legatees
- Burden of proof of the invalidity of a pre-nuptial
- Pursuant to Art 1403(2a), NCC dealing with the
agreement is on the spouse alleging it but if, on its
Statutes of Frauds, an agreement in
face, the contract is unreasonable a presumption
consideration of marriage must be in writing,
of concealment arises, the burden shifts and its
otherwise it is unenforceable
incumbent upon the other party to prove validity
[Del Vecchio v. Del Vecchio, 143 So. 2d 17]

3|Page
 - The phrase “a minor who according to law may
EXEMPTIONS contract marriage” has been impliedly repealed
- In the event that marriage is terminated by death because no minor now may contract a valid
of one of the spouses and the surviving spouse marriage (void ab initio)
marries again without initiating any judicial or - At present, an 18-year-old deciding to marry may
extrajudicial settlement of the properties of his or validly execute a marriage settlement without
her previous marriage within one year from the obtaining the consent of the person designated in
death of the deceased spouse, a mandatory Article 14, FC
regime of complete separation of property shall - Being emancipated, an 18-year-old becomes
govern the property relations of the subsequent qualified for all acts of civil life
marriage (Article 103 and 130)
MODIFICATIONS Article 79.
- GR: for any modification in the marriage For the validity of any marriage settlements
settlement to be valid, it must be executed by a person upon whom a sentence of
 Made before the celebration of marriage civil interdiction as been pronounced or who is
 In writing subject to any other disability, it shall be
 Signed by the parties indispensable for the guardian appointed by a
- Exceptions: modifications may be made after the competent court to be made party thereto. (123a)
marriage ceremony but it shall need judicial
approval and should only refer to instances CONSENT BY THOSE DESIGNATED BY LAW
provided under the following articles - Mandatory for the guardian, appointed by the
 Article 66 and 67 – revival of the former court, to be made party to the written marriage
property regime of spouses who filed for settlement
legal separation - Civil interdiction under RPC:
 Article 128 – in case of abandonment or  Article 34 - deprives offender during the time
failure to comply with marital obligations, of is sentence of rights of parental authority,
aggrieved spouse may petition the court for or guardianship, either as to the person or
receivership, judicial separation of property, property of any ward, of marital authority, of
or for authority to be the sole administrator of the right to manage his property, and of the
the conjugal partnership of gains right to dispose of such property by any act
 Article 135 – judicial separation of property or any conveyance inter vivos
 Article 136 – voluntary dissolution of the  Article 41 – penalties of reclusion perpetua
absolute community or the conjugal and reclusion temporal carry with them, as
partnership of gains, and for the separation accessory penalties, that of civil interdiction
of their common properties for life or during the period of the sentence
- A separation of property cannot be effected by as the case may be, and that of perpetual
the mere execution of the contract or agreement absolute disqualification which the offender
of the parties but by the decree of the court shall suffer even though pardoned as to the
approving the same [Toda, Jr. v. CA, 183 SCRA principal penalty, unless expressly remitted
713] in the pardon
 Article 40 – death penalty, when it is not
LOCAL CUSTOMS executed by reason of commutation or
- Applicable when pardon shall carry with it that of perpetual
 Stipulated by the parties; or absolute disqualification and that of civil
 Absolute community of property regime shall interdiction during 30 years following the
not govern property relations but spouses date of sentence, unless expressly remitted
fail to stipulate what shall be applied in the pardon
- A stipulation that neither the absolute community
of property or local custom shall prevail without Article 80.
particularizing any other valid property regime is In the absence of a contrary stipulation of marriage
void (contrary to Art. 74) settlement, the property relations of the spouses
 Apply absolute community or property shall be governed by Philippine laws, regardless of
the place of the celebration of the marriage and
Article 78. their residence.
A minor who according to law may contract
marriage may also execute his or her marriage This rule shall no apply:
settlements, but they shall be valid only if the 1) Where both spouses are aliens;
persons designated in Article 14 to give consent to 2) With respect to the extrinsic validity of
the marriage are made parties to the agreement, contracts affecting property not situated in
subject to the provisions of Title IX of this Code. the Philippines and executed in the country
(120a) where the property is located; and
3) With respect to the extrinsic validity of
CONSENT BY THOSE DESIGNATED BY LAW contracts entered into the Philippines but
affecting property situated in a foreign
4|Page
 country whose laws require different - Donation is a consideration but not in a sense
formalities for extrinsic validity. (124a) that it is necessary to give birth to the obligation
 Under Art 86, the fact that the marriage did
RULES GOVERNING PROPERTY RELATIONS not take place is a cause for the revocation
- If the contracting parties are Filipinos, their of the donation
property relations will be governed by the  Even without marriage, the donation may be
Philippine laws in the absence of any agreement valid since you cannot revoke something
to the contrary even if they are married abroad or that does not exist
even if they reside abroad - Subject to reduction for inofficiousness (contrary
- If the contract involves properties abroad, the to moral obligation) upon the donor’s death, if
extrinsic validity of such contract, whether they should infringe the legitime of a forced heir
executed in the Philippines or abroad, will not be [Mateo v. Lagua, 29 SCRA 864]
governed by Philippine laws (Art. 16, NCC – laws - Donation must be made prior to the celebration of
of the country where the property is situated shall marriage [Garcia v. Sangil, 53 Phil. 968], in
govern its extrinsic validity) consideration of the same, and must be in favor
of one or both of the spouses.
Article 81. - Exclusions: [6 Manresa 232, cited in Serrano v.
Everything stipulated in the settlements or Solomon, 105 Phil. 998]
contracts referred to in the preceding articles in  Made in favor of the spouses after the
consideration of a future marriage, including celebration of marriage
donations between the prospective spouses made  Executed in favor of the future spouses but
therein, shall be rendered void if the marriage does not in consideration of marriage; and
not take place. However, stipulations that do not  Granted to persons other than the spouses
depend upon the celebration of the marriage shall even though they may be founded on the
be valid. (125a) marriage
- Can be contained in a marriage settlement
EFFICACY OF MARRIAGE SETTLEMENTS
- Consideration of a marriage settlement is the Article 83.
marriage itself. No marriage, no marriage These donations are governed by the rules on
settlement ordinary donations established in Title III of Book
- Provisions in a marriage settlement are III of the Civil Code, insofar as they are modified by
separable. Only the invalid provisions will be the following Articles. (127a)
rendered ineffectual while the rest will continue to
remain in force VALIDITY OF DONATION PROPTER NUPTIAS
- Stipulations that do not depend upon the - Donee must accept the donation personally, or
celebration of marriage shall be valid through an authorized person with a special
 Support of a common child for a particular power for the purpose, or with a general or
amount since a parent is obliged to support sufficient power; otherwise, the donation shall be
his child, whether legitimate or illegitimate void (Art. 745, NCC)
- Acceptance must be made during the lifetime of
CHAPTER 2 DONATIONS BY REASON OF the donor and the done (Art. 746, NCC)
MARRIAGE - Donation of a movable property
 May be made orally or in writing
Article 82.  Oral – requires simultaneous delivery of the
Donations by reason of marriage are those which thing or of the document representing the
are made before its celebration, in consideration of right donated
the same, and in favor of one or both of the future - If the value of a donation of a personal property
spouses. (126) exceeds P5,000, the donation and the
acceptance must be in writing or else void
DONATION PROPTER NUPTIALS - Donation of an immovable property
- Propter Nuptias:  Must be made in a public instrument,
 Donations by reason of marriage specifying the property donated and the
 Without onerous consideration, the marriage value of the charges which the donee must
being merely the occasion or motive of the satisfy
donation, not its “causa”  Acceptance must be made in the same deed
- REQUISITES of donation or in a separate public
 Before celebration of the marriage document, but it shall not take effect unless
 In consideration of the marriage it is done during the lifetime of the donor
 In favor of one or both of the future spouses  If acceptance is made is in a separate
- DONEE/s must be one or both of the future instrument, the donor shall be notified
spouses; DONOR may either be a third person or thereof in an authentic form and this step
one of the future spouses shall be noted in both instruments (Art. 748,
NCC)

5|Page
 act in the marriage settlement but at the same
DONATION OF FUTURE PROPERTY time to prevent the donee from unduly capitalizing
- Governed by the provisions on testamentary on the act of generosity on the part of the donor-
succession and the formalities of a will spouse
- May be handwritten, but must be entirely
handwritten, dated and signed by the donor WHEN THE ”NOT MORE THAN 1/5” LIMITATION
- If not handwritten, it must be subscribed at the NOT APPLICABLE
end thereof by the donor himself or the donor’s - Marriage settlement provides for a particular
name written by some other person in his regime other than the absolute community of
presence, and by his express direction, and property AND
attested and subscribed by 3 or more credible - Donation propter nuptias not included in the
witnesses in the presence of the donor and of one marriage settlement but contained in a separate
another deed
 The donor or the person requested by him to  Hazards and undue influence present in the
write his name and the instrumental negotiation of a marriage settlement is
witnesses of the deed of donation, shall also absent in a donation, which is done
sign, each and every page except the last, unilaterally in a separate deed of donation
on the left margin, and all the pages shall be free from the interference of even the done-
numbered correlatively in letters placed on spouse
the upper part of the page - Apply rules on donation contained in Title III of
- Attestation clause: Book III of the Civil Code
 State the number of pages used in which the  May comprehend all the present property of
deed of donation is written, and the fact that the donor provided the he reserves, in full
the donor signed the deed of donation and ownership and usufruct, sufficient means for
every page thereof, or cause some other the support of himself, and all relatives who,
person to write his name, under his express at the time of the acceptance of the
direction, in the presence of the donor and of donation, are by law entitled to be supported
one another. by the donor
 If in a language not known to the witnessed,  Donation may comprehend all the present
it shall be interpreted to them property of the donor, or part thereof,
 Every will must be acknowledged before a provided he reserves, in full ownership or in
notary public by the donor and the witnesses usufruct, sufficient means for the support of
himself, and all relatives who, at the time of
Article 84. the acceptance of the donation, are by law
If the future spouses agree upon a regime other entitled to be supported by the donor.
than the absolute community of property, they  Without such reservation, the donation shall
cannot donate to each other in their marriage be reduced on petition of any person affected
settlements more than 1/5 of their present (Art 750, NCC)
property. Any excess shall be considered void.  LIMITATION: No person may give or receive
by way of donation, more than he may give or
Donations of future property shall be governed by receive by will (inofficious in all that may
the provisions on testamentary succession and the exceed this limitation) (Article 752, NCC)
formalities of wills. (130a) - RATIONALE OF THE NOT MORE THAN 1/5
RULE:
DONATION BETWEEN FUTURE SPOUSES  Preventing one spouse from unduly exerting
- Requisites for validity: influence on the other
 Valid marriage settlement  Under the FC, husband and wife cannot,
 Marriage settlement must stipulate a directly or indirectly, make substantial
property regime other than an absolute donations to each other (Article 87, FC)
community of property - Under Art 84, parties are not married yet
 Donation must not be more than 1/5 of his or - The law clearly provides that the limitation applies
her present property in case the donation is made in the “marriage
 Accepted by the would-be spouse settlement”
 Complies with the requisites established in  A marriage settlement is usually negotiated
Title III of Book III of the Civil Code on and definitely agreed upon by the parties
donations  Exerting undue influence by one spouse is
- Donations is an act of pure liberality dependent clearly a possibility during the discussions
on the donor about the marriage settlement
 Not negotiated nor a “settlement”  To avoid donation in becoming a bargaining
 While a donation propter nuptias must be point in the discussion
accepted by the done, he or she must not
have any part in the donor’s decision Article 85.
- Limitation is said to be a good “compromise” Donations by reason of marriage of property
provision to allow the donor to make a generous subject to encumbrances shall be valid. In case of
6|Page
foreclosure of the encumbrance and the property - If donation is not a donation propter nuptias, it
is sold for less than the total amount of the shall remain effective provided it complies with all
obligation secured, the donee shall not be liable the statutory requirements for a valid donation
for the deficiency. If the property is sold for more
than the total amount of the said obligation, the MARRIAGE JUDICIALLY DECLARED VOID
donee shall be entitled to the excess. (131a) - Mere fact that marriage is void is insufficient to
have the right to revoke the donate
DONATION WITH ENCUMBRANCES - REQUIRED: Judicial declaration
- Valid but donee’s right is subject to the - SITUATION 1:
encumbrance  Subsequent marriage is void pursuant to
- In the event of foreclosure of the property Art 40 in relation to Articles 52 and 53
donated:  Art 40: The absolute nullity of a
 Deficiency: not liable (donee is not a debtor previous marriage may be invoked for
with respect to the principal obligation) purposes of remarriage on the basis
 Surplus: entitled (being the owner of the solely of a final judgment declaring
property, the donee is entitled to whatever such previous marriage void
value of the property which can be obtained)  Art 52: The judgment of annulment or
- Donation being an act of liberality, the donee of absolute nullity of marriage, the
cannot seek reimbursement from the donor for partition and distribution of the
the amount which was taken by the credit as a properties of the spouses and the
result of the foreclosure sale delivery of the children’s presumptive
legitimes shall be recorded in the
Article 86. appropriate civil registry and registries
A donation by reason of marriage may be revoked of property; otherwise, the same shall
by the donor in the following cases: not affect third persons
1) If the marriage is not celebrated or  Art 53: Either of the former spouses
judicially declared void ab initio except may marry again after compliance with
donations made in the marriage settlement, the requirements of the immediately
which shall be governed by Article 81; preceeding article; otherwise, the
2) When the marriage takes place without the subsequent marriage shall be null and
consent of the parents or guardian, as void
required by the law;  Donation is revoked by operation of law if
3) When the marriage is annulled, and the the donee-spouse contracted the
donee acted in bad faith; subsequent void marriage in bad faith
4) If it is with a resolutory condition and the  Article 43(3): Donation by reason of
condition is complied with; marriage shall remain valid, except that if
5) When the donee has committed an act of the donee contracted the marriage in bad
ingratitude as specified by the provisions faith, such donations made to the said
of the Civil Code on donations in general. donee are revoked by operation of law
(132a)  Period of right of action to file an action to
recover the thing donated:
MARRIAGE NOT CELEBRATED
- RATIONALE: marriage is the very reason for the Property Prescriptive Period
donation Movable After 8 years from the time the
- Donor has option to revoke or maintain the possession thereof is lost (Art
donation 1140, NCC)
 No prescriptive period for revocation Real After 30 years (Art 1141, NCC)
indicated in FC and Title III of Book III of the Possession is deemed lost from
Civil Code the finality of the judicial
 Article 1149, NCC: all actions whose declaration of nullity
prescriptive period are not fixed in this
Code or in other laws must be brought - SITUATION 2:
within 5 years from the time the right of  There is bad faith on the part of both of the
action accrues contracting parties in a subsequent
 If marriage is not celebrated: right marriage
accrues from the moment the  One of the parties previously obtained a
marriage is not solemnized on the judicial declaration of presumptive death
fixed date under Art 41 to be able to remarry
 If void as it is contained in the  Art 44, FC: If both spouses of the
marriage settlement: period to declare subsequent marriage acted in bad faith,
as void does not prescribe said marriage shall be void ab initio and all
- If contained in the marriage settlement executed donations by reason of marriage and
prior to the marriage, donation shall be testamentary dispositions made by one in
considered void (Art 81)
7|Page
 favor of the other are revoked by operation  Option is given to revoke the donation or
of law not
- SITUATION 3:  Example: subsequent marriage is
 All other cases where a marriage has been contracted without complying with
judicially declared void on grounds other mandatory recording and distribution
than under Art 40 in relation to Art 52 and requirements in Art 52 believing in good
53 and under Art 44, apply Article 86(1) faith that the marriage is valid as they have
 Art 86(1): A donation by reason of respectively procured their nullity decrees,
marriage may be revoked by the donor subsequent marriage is still void
in the following cases: 1) If the  PRESCRIPTIVE PERIOD: 5 years from the
marriage is not celebrated or judicially time the judicial declaration of nullity has
declared void ab initio except become final
donations made in the marriage
settlements, which shall be governed NO CONSENT OF PARENTS OR GUARDIAN
by Art 81 - Consent required for contracting parties 18 years
 Art 81: Everything stipulated in the old and above but below 21 years old
settlements or contracts referred to in - Without consent, marriage is annullable and
the preceding articles in consideration donation propter nuptias may be revoked by the
of a future marriage, including donor
donations between prospective - Annulment is not required to revoke donation
spouses made therein, shall be - PRESCRIPTIVE PERIOD: 5 years from the time
rendered void if the marriage does not donor had knowledge that the needed consent
take place. However, stipulations that was not obtained
do not depend upon the celebration of  Knowledge can only come on or after the
the marriages shall be valid marriage (RATIONALE: before marriage the
 Good faith or bad faith of the done is proper party may still give their consent)
irrelevant - If marriage does not take place: apply Art 86(1) or
 The donor, after the finality of a judicial Art 81
declaration of nullity of marriage, shall have
the option to revoke or not to revoke the ANNULLED MARRIAGE AND DONEE ACTED IN
donation whether or not the donee is in bad BAD FAITH
faith pursuant to Art 86(1) IN BAD FAITH Art 86(3): Merely revocable at the
 Example: marriage celebrated without a instance of the donor. Right to file an
marriage license, mistake in identity action prescribes after 5 years from
- SITUATION 4: the finality of the annulment decree
 Bigamous marriage: A is VALIDLY married Art 50 in relation to Art 43(3):
to B and subsequently marries X while the Revoked by operation of law. No
FIRST VALID marriage is subsisting, any need to file an action
donation propter nuptias given by NOT IN BAD Effective and can never be revoked
 X to A: may or may not be revoked FAITH either in Art 86(3) or Art 50 in relation
after the finality of the judicial to Art 43(3) of FC
declaration of nullity of a bigamous
marriage - Art 50 in relation to Art 43(3) is more in line with
 A to X: void if they are already guilty of the spirit of the law
adultery or concubinage at the time of
- In case of refusal to return the donated property
donation (Art 739(2), NCC) or if it were
Property Prescriptive Period
made at the time when A and X are
Movable After 8 years from the time the
already living together as husband and
possession thereof is lost (Art
wife without a valid marriage (Art 87,
1140, NCC)
FC)
 Marriage of A and B is VOID and no Real After 30 years (Art 1141, NCC)
declaration of nullity of marriage has been Possession is deemed lost from
obtained prior to the marriage of A and X, the finality of the judicial
the donation of: declaration of nullity
 X – revoked by operation of law upon
the finality of the declaration of nullity LEGAL SEPARATION
of X’s marriage with A - Donor is given the option to revoke or not
 A – void if made at the time A and X  RATIONALE: Legal separation does not
were living together as husband and sever the marital bond
wife without a valid marriage (Art 87, - PRESCRIPTIVE PERIOD: 5 years from the
FC) finality of the decree of legal separation
- SITUATION 5: - WHEN GROUNDS IS SEXUAL INFIDELITY (i.e.,
 Both contracting parties are in good faith concubinage or adultery): donation made

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 between persons who are guilty at the time of shall also apply to persons living together as
donation shall be void (Art 739[1]) husband and wife without a valid marriage. (133a)

RESOLUTORY CONDITION REASON FOR PROHIBITION

- May or may not be revoked and subject to the 5- - Moderate gifts will depend on a case-to-case
year prescriptive period from the time the basis especially considering the financial capacity
resolutory condition happens (not the couple) of the donor
- The happening of the future or uncertain event - The law makes such donations immediately void
which constitutes the resolutory condition so that the “intended benefit does not have to be
operates to extinguish the right or the obligation proven anymore”
- If the donation is validly made by one spouse in - Also includes persons living together as husband
favor of the other spouse and the resolutory and wife without a valid marriage (Matabuena v.
condition happens, the donor-spouse may revoke Cervantes, 38 SCRA 284)
at anytime without any prescriptive period  Prohibit donations in favor of the other
 Prescription does not run between husband consort and his descendants because of fear
and wife, even though there be a separation of undue and improper pressure upon the
of property agreed upon in the marriage donor
settlement (Art 1104, NCC)  Despite the irregular connection, the danger
the law so seeks to avoid is correspondingly
ACTS OF INGRATITUDE increased
- Instances of ingratitude (Art 765, NCC)  Disabilities attached to marriage should
 If the donee should commit some offense likewise attach to concubinage
against the person, the honor or property of  It must be shown that the donation was
the donor, or by his wife or children under made at the time when they were still living
his parental authority; together as husband and wife without the
 If the donee imputes to the donor any benefit of marriage
criminal offense, or any act involving moral - Also applicable in a situation where the husband
turpitude, even though he should prove it, lived with a woman not his wife (Joaquin v.
unless the crime or the act has been Reyes, GR No 154645, July 13, 2004, 434 SCRA
committed against the done himself, his wife 260)
or children under his authority
 If he unduly refuses him support when the CASE NOTE
donee is legally or morally bound to give Agapay v. Palang, 276 SCRA 340
support to the donor - FACTS: A property was sold by the husband
- PRESCRIPTIVE PERIOD: 1 year from the time to his wife of a subsequent bigamous marriage
he had knowledge of the fact of ingratitude and it for the purpose of removing the effects of Art
was possible for him to bring the suit (Art 769, 148, FC.
NCC) - A house and lot were allegedly bought for
- Alienations and mortgages effected P20,000
 VALID: before notation of complaint for - Atty. Constantino Sagun testified that Palang
revocation in the Registry of Property provided the money for the purchase and
 VOID: later directed that the name of Erlinda alone be
placed as the vendee.
VOID DONATIONS - HELD: The court ruled that the transaction was
- Donations made by persons who were guilty of properly a donation and clearly void under Art
adultery and concubinage at the time of the 739, NCC. Further Art 87 of FC now applies to
donation is void (Art 739, NCC) donations between persons living together as
husband and wife without a valid marriage
CASE NOTE
Agapay v. Palang, 85 SCAD 491, 276 SCRA 340 EFFECT OF DONATION
- SC ruled that a transfer of a property made by - VOID whether the donation is direct or indirect
a husband to his second wife at the time his - Indirect donations (once the donee dies, the
first marriage was still subsisting was in fact a spouse of the donor will inherit):
donation and, therefore, void under Art 739,  To a stepchild who has no compulsory
NCC and Art 87, FC. and/or legal heirs, such as his or her
children, other than the other spouse at the
Article 87. time of the donation
Every donation or grant of gratuitous advantage,  To a common child who has no compulsory
direct or indirect, between the spouses during the and/or legal heirs other than the other
marriage shall be void, except moderate gifts spouse at the time of the donation
which the spouses may give each other on the  To the parent of the other spouse
occasion of any family rejoicing. The prohibition  To the other spouse’s adopted child who has
no compulsory and/or heirs or, in case when,

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 at the time of the donation, the only surviving who belong to the line from which said property
relative of the adopted is the other spouse came (Art 891, NCC)
(Parent of the adopted) - RATIONALE: Keep property within the same
 To a common adopted child who has no bloodline
other compulsory and/or legal heirs
- Immergence of a compulsory and/or legal heir,
such as when the donee gives birth, will not cure
the invalidity of the donation.
- Donation is void from inception
- Donations 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
are valid.
 Amount of donation is chargeable to
the absolute community of property or
the conjugal partnership of gains
 For any other purpose would fall within the
prohibition
 Both spouses are presumptive heirs
and any gratuitous inheritance the
parents will get will become their
separate properties

PERSONS WHO CAN CHALLENGE THE VALIDITY

OF TRANSFERS
- Those who bore no relation to the parties to the
transfer at the time it occurred and had no rights
or interests inchoate, present, remote, or
otherwise, in the property in question at the time
transfer occurred
- RATIONALE: Prohibition of donation can only be
taken advantage of by persons who bear such
relation to the parties making the transfer or to the
property itself that such transfer interferes with
their rights or interests

CASE NOTE
Rodriguez v. Rodriguez, 20 SCRA 908
- FACTS: Mother sold her exclusive property to
her daughter who later sold the same to her
father for the purpose of converting such
property of the mother to conjugal property
and vesting half-interest on the husband and
evading the prohibition against donation
- ISSUE: Is the mother a proper party to nullify
the donation?
- HELD: No. While the cause involved an illicit
consideration, all parties knew the illicit
purpose of the scheme and thus, all were
guilty. No one can recover what was given by
virtue of contract
- Pari delicto non oritur action

EFFECT ON RESERVA TRONCAL

- RESERVA TRONCAL: The ascendant who
inherits from his descendant any property which
the latter may have acquired by gratuitous title
from another ascendant, or a brother or a sister,
is obliged to reserve such property as he may
have acquired by operation of law for the benefit
of relatives who are within the third degree and

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