PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE  Under Art.

 Under Art. 147, the spouse in bad faith shall forfeit not only his or her
share in the net profits but all his or her shares in the co-ownership in
Art. 147. When a MAN and a WOMAN who are: CLW favor of their common children. (Read last paragraph)
1. Capacitated to marry each other;
2. Live exclusively with each other as husband and wife;  In Art. 148, if one of the parties is validly married to another, his or her share
3. Without the benefit of marriage or Under a void marriage; in the co-ownership shall accrue to the absolute community or conjugal
their WAGES AND SALARIES shall be owned by them in equal shares and the partnership existing in such marriage; and if the party who acted in bad faith
PROPERTY acquired by both of them thru their work or industry shall be is not validly married to another, his or her share shall be forfeited in the
governed by the rules on CO-OWNERSHIP. manner provided in Art. 147.

In the absence of proof to the contrary, properties acquired while they lived  DIO v. DIO - petitioners marriage to respondent was declared void under
together shall be presumed to have been obtained by their joint efforts, work or Article 36 of the Family Code and not under Article 40 or 45. Thus, what
industry, and shall be owned by them in equal shares. governs the liquidation of properties owned in common by petitioner and
- For the purpose of this Article, a party who did not participate in the respondent are the rules on co-ownership.
acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former’s efforts Art. 148. In cases of cohabitation not falling under the preceding Article,
consisted in the CARE and MAINTENANCE of the FAMILY and of the ONLY the properties acquired by both of the parties thru their ACTUAL JOINT
HOUSEHOLD. CONTRIBUTION OF MONEY, PROPERTY, or INDUSTRY shall be owned by them
in common IN PROPORTION to their respective contributions.
Neither party can encumber or dispose by acts inter vivos of his or her share in the - In the absence of proof to the contrary – their contributions and
property acquired during cohabitation and owned in common, without the consent corresponding shares are presumed to be EQUAL.
of the other, until after the termination of their cohabitation. - The same rule and presumption shall apply to joint deposits of money and
evidences of credit.
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 If one of the parties is VALIDLY MARRIED TO ANOTHER – his or her share in the
COMMON CHILDREN. co-ownership shall accrue to the absolute community or conjugal partnership
- In case of default or waiver by any or all of the common children or existing in such valid marriage.
their descendants – each vacant share shall belong to the RESPECTIVE - If the party who acted in bad faith is NOT VALIDLY MARRIED TO
SURVIVING DESCENDANTS. ANOTHER – his or her share shall be forfeited in the manner provided in the
- In the absence of descendants – such share shall belong to the last paragraph of the preceding article.
INNOCENT PARTY. - The foregoing rules on forfeiture shall likewise apply even if both parties are in
- In all cases – the forfeiture shall take place upon the termination of the bad faith.
cohabitation.
 If any one of the requirements under Art. 147 is absent, Art. 148 will apply.
 Valdes v. RTC – in a void marriage, the property regimes are those provided
for in Art. 147 and 148, as the case may be.  Relationships contemplated under Article 148 include the following:
1. Man and woman living together as husband and wife, without the benefit
 In a void marriage, the CONJUGAL HOME shall equally be co-owned by of marriage, but are not capacitated to marry;
the couple and shall be divided equally during the liquidation in accordance 2. Adulterous relationship;
with the rules on co-ownership. (read conjugal partnership property, to 3. Bigamous or polygamous marriage;
compare) 4. Incestuous void marriage;
5. Void marriages by reason of public policy.
 The structure of the property regime, which is a limited co-ownership
under Art. 148, is as follows: Art. 149. The FAMILY, being the foundation of the nation, is a basic social
1. Salaries and wages are separately owned by the parties and if any of the institution which public policy cherishes and protects. Consequently, family
spouses is married, his or her salary is the property of the conjugal relations are governed by law and no custom, practice or agreement
partnership of gains of such legitimate marriage. destructive of the family shall be recognized or given effect.
2. Property solely acquired by funds of any parties belongs to such party.
3. Only the properties acquired by both of the parties thru their actual joint  An agreement that, while the marriage is subsisting, the husband can have a
contribution of money, property or industry shall be owned by them in concubine or the wife can enter into an adulterous relationship is void.
common in proportion to their respective contributions.  However, such void agreement’s only legal significance is to invoke it as an
4. The respective shares of the parties over properties owned in common evidence showing consent to the sexual infidelity of the husband or the wife
are presumed to be equal. However, profits may be shown to show that in cases of legal separation.
their contribution and respective shares are not equal. Without proof of
actual co-ownership by both parties, there can be no presumption of co-  Carandang v. Heirs of Quirino de Guzman – SC allowed only one of the
ownership and equal sharing. spouses to file a case for recovery of property considering that, in a conjugal
5. The rule and presumption mentioned above shall apply to joint deposits partnership of gains, the law of partnership in the Civil Code applies in a
of money and evidences of credit. suppletory character and considering that in accordance with said law, a
6. Of one of the parties is validly married to another, his or her share in spouse is a co-owner of partnership property, he or she can therefore
the co-ownership shall accrue to the absolute community or conjugal undertake anything beneficial to the partnership, including the filing by himself
partnership existing in such valid marriage. If the party who acted in bad or herself alone of a case for the recovery of partnership property. The other
faith is not validly married to another, his or her share shall be spouse is not an indispensable party to such a case. Neither is the other
forfeited in the manner provided in the last paragraph of Art. 147. The spouse a necessary party. This rule is also true with respect to the absolute
foregoing rules of forfeiture shall likewise apply even if both parties are in community of property considering that the rule on co-ownership shall apply in
bad faith. a suppletory character in such a property regime.

 Under Art. 148, only the property acquired by both of the parties thru their  Docena v. Lapesura – While as a general rule, the verification and
actual joint contribution of money, property or industry shall be owned certification of non-forum shopping in a petition or a complaint filed in court
by them in common in proportions to their contributions. must be signed by all the petitioners in a case, the signature of the husband
 It must be stressed that actual contribution is required by this provision, in or wife alone is substantial compliance with this requirement in cases involving
contrast to Art. 147 which states that efforts in the care and community or conjugal property, even if both the spouses are petitioners in
maintenance of the family and household, are regarded as contributions to the case. Each of the spouses may reasonably be presumed to have personal
the acquisition of common property by one who has no salary or income or knowledge of the filing or non-filing by the other spouse of any action or
work or industry. claim.
 If the actual contribution of the party is not proved, there will be no co-
ownership and no presumption of equal shares. Art. 150. Family relations include those: HPAB
1. Between Husband and wife;
 If land is invalidly transferred to an alien who subsequently (1) becomes a 2. Between Parents and children;
Filipino citizen or (2) transfers it to a Filipino, the flaw in the original 3. Among other Ascendants and descendants; and
transaction is considered cured and the title of the transferee is rendered 4. Among Brothers and sisters, whether of the full or half-blood.
invalid.
Art. 151. No suit between members of the same family shall prosper unless it should
FAMILY appear from the verified complaint or petition that EARNEST EFFORTS TOWARD A
COMPROMISE HAVE BEEN MADE, but the same have FAILED.
FAMILY AS AN INSTITUTION
 - If it is shown that no such efforts were in fact made, the case must be  The requirement of house and land as constitutive of a family home stresses
DISMISSED. the element of permanence.
- This rule shall not apply to cases which may not be the subject of
compromise under the Civil Code.  Occupancy by the one claiming the house as a family home must be actual
and not constructive.
 Enumeration of the family relations under art. 150 should be construed  There is no need to constitute the family home judicially or extrajudicially as
strictly. Any person not included in the enumeration cannot be considered as required in the Civil Code.
within the term family relations.
 A family home cannot be constituted by the wife or husband alone.
 A suit filed by a woman against her sister and the latter’s husband will not Constitution must be done jointly by both husband and wife.
involve earnest efforts to compromise considering the inclusion of the husband
who is not within the family relations provided by law.  An unmarried head of the family, however, can constitute by himself or
herself alone.
 The complaint must be VERIFIED. If it is unverified, the case should not be
dismissed. The court should merely require the party to have it verified.  The occupancy of any of the beneficiaries can likewise constitute a home as
a family home. Hence, even if a married person is legally separated or de
 The duty to engage in earnest efforts to compromise is not required if facto separated, a family home can still be constituted if any of his or her
included in the suit between family members is a STRANGER not of beneficiaries actually occupies the land and the house of such married person
the same family as the interest of such stranger may differ from the interest of with his or her consent and pursuant to the other requirements of the Family
members of the same family. Code.

 Cases which may not be compromised: CVG-JFF Art. 154. The BENEFICIARIES of a family home are:
1. Civil status of persons; 1. The husband and wife, or an unmarried person who is the head of a
2. Validity of marriage or legal separation; family; and
3. Any Ground for legal separation; 2. Their parents, ascendants, descendants, brothers and sisters, whether the
4. Jurisdiction of courts; relationship be legitimate or illegitimate, who are (a) living in the family home
5. Future support; and who (b) depend upon the head of the family for legal support.
6. Future legitime.
 Knowing the beneficiaries is important because their actual occupancy of a
 Rule on earnest efforts also does not apply to special proceedings. home may constitute the same as a family home provided their actual
occupancy of the house and lot is with the consent of either the husband
FAMILY HOME and/or the wife who owns the house and lot or of the unmarried person who
is the head of the family and who likewise owns the house and lot , even if the
Art. 152. The FAMILY HOME, constituted jointly by the husband and the wife or by said owners do not actually reside therein.
an unmarried head of a family, is the DWELLING HOUSE where they and their
family reside and the LAND on which it is situated.  REQUISITES to be a BENEFICIARY: ELD
1. Must be among the relationships Enumerated in Art. 154 of FC;
Art. 153. The family home is deemed constituted on a house and lot FROM THE 2. They Live in the family home; and
TIME IT IS OCCUPIED AS A FAMILY RESIDENCE. From the time of its constitution 3. They are Dependent for legal support upon the head of the family.
and so long as any of its beneficiaries actually resides therein, the family home
continues to be such and is exempt from execution, forced sale or attachment  The law excludes maids and overseers.
except as hereinafter provided and to the extent of the value allowed by law.
Art. 155. The family home shall be EXEMPT from Execution, Forced sale or  If at the time of the constitution, the home was more than the value fixed by
Attachment EFA except: NDDD the law, such home is not a family home; therefore, it is not exempted from
1. For Nonpayment of taxes; execution, forced sale or attachment.
2. For Debts incurred prior to the constitution of the family home;
3. For Debts secured by mortgages on the premises before or after such  If after the constitution, the value of the house increased due to
constitution; and improvements or renovations to an amount more than that fixed by the law at
4. For Debts due to Laborers, Mechanics, Architects, Builders, Materialmen and the time of the constitution, such family home will remain a family home.
Others who have rendered service or furnished material for the construction of
the building LMAB MO. Art. 158. The family home may be sold, alienated, donated, assigned or encumbered
by the owner or owners thereof with the WRITTEN CONSENT of:
 The term debt used in the law, especially under Art. 155(2) is not qualified a. The Person constituting the same;
and must therefore be used in its generic sense, that is, obligations in b. The latter’s Spouse; and
general. It includes money judgment arising from tort. c. A Majority of the beneficiaries of legal age.
In case of conflict, the court shall decide.
Art. 156. The family home must be part of the properties of the (1) absolute
community or the (2) conjugal partnership, or of the (3) exclusive properties of either  Lease is an encumbrance.
spouse with the latter’s consent. It may also be constituted by an unmarried head of a
family on his or her own property. Art. 159. The family home shall continue despite the death of one or both
spouses or of the unmarried head of the family (a) for a period of 10 years or
Nevertheless, the property that is the subject of a CONDITIONAL SALE ON (b) for as long as there is a minor beneficiary, and the heirs cannot partition
INSTALLMENT where ownership is reserved by the vendor only to guarantee payment the same unless the court finds compelling reasons therefor. This rule shall apply
of the purchase price may be constituted as a family home. regardless of whoever owns the property or constituted the family home.

 An apartment unit or a house being merely rented cannot be constituted a  Though a house and lot passed to the heirs because of the death of their
family home. Also, a house erected by a person on the property of another is parents, it cannot be immediately partitioned because of Art. 159.
not a family home.
Art. 160. When a creditor whose claim is not among those mentioned in Art.
Art. 157. The actual value of the family home, shall not exceed, AT THE TIME OF 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the
ITS CONSTITUTION, the amount of: family home is actually WORTH MORE than the maximum amount fixed in Art.
a. P300,000 – urban areas; 157, he may apply to the court which rendered the judgment for an order
b. P200,000 – rural areas; directing the SALE of the property under execution.
- Or such amounts as may hereafter be fixed by law. - The court shall so order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the time of its
In any event, if the value of the currency changes after the adoption of this code, the constitution.
value most favorable for the constitution of a family home shall be the basis of the - If the increased value exceeds the maximum allowed in Art. 157 and results
evaluation. from subsequent voluntary improvements introduced by the person or persons
constituting the family home, by the owner or owners of the property, or by
For purposes of this article, URBAN AREAS are deemed to include: any of the beneficiaries, the same rule and procedure shall apply.
a. chartered cities; and
b. municipalities whose annual income at least equals that legally required for At the EXECUTION SALE, no bid below the value allowed for a family home
chartered cities. shall be considered.
All others are deemed to be RURAL AREAS. - The proceeds shall be applied first to the amount mentioned in Art. 157, and
then to the liabilities under the judgment and costs.
 - The excess, if any, shall be delivered to the judgment debtor. illegitimate if the husband does not impugn the legitimacy within the
prescriptive period.
 The idea in having the house immune as to P300,000 is for the judgment
debtor to be able to build a new family home. In this way, he or she will not Art. 165. Children conceived AND born outside a valid marriage are
be homeless. ILLEGITIMATE, unless otherwise provided in this code.
 But if the claim is one of those mentioned in Art. 155, the proceeds of the sale - See Art. 54.
should first be applied to the amount of debt, and the excess shall be given to
the debtor.  There are only 2 classes of children, namely, legitimate and illegitimate.

Art. 161. For purposes of availing of the benefits of a family home as provided for in  The presumption of legitimacy can only arise upon convincing proof that
this Chapter, a person may constitute, or be the beneficiary of, ONLY ONE the parents of the child were legally married and that the child’s conception or
FAMILY HOME. birth occurred during the subsistence of that marriage.

Art. 162. The provisions of this Chapter shall also govern FAMILY RESIDENCE  CONCEPCION v. CA – where the wife bigamously married another and a
insofar as said provisions are applicable. child was born in the said bigamous union and where the bigamous marriage
was declared null and void, the SC rules that the child actually born in the
 Art. 162 simply means that all existing family residences at the time of the second voided union was in effect born of the wife in the first subsisting
effectivity of the Family Code are considered family home and are marriage and, therefore, in the eyes of the law, the father of the child was the
prospectively entitled to the benefits accorded to a family home under the first husband of the wife.
Family Code. Art. 162 dies not state that the provisions of Chapter 2, Title V - It was also asserted that the birth certificate of the child stating the name of
have a retroactive effect. the second husband as the father created a presumption of fact which should
have been rebutted, but this contention was rejected by the SC by stating that
PATERNITY AND FILIATION in case of conflict between a presumption of law that a child born inside
a valid marriage is legitimate and a presumption of fact arising from the
LEGITIMATE CHILDREN statement of filiation in a birth certificate, the presumption of law will
prevail.
Art. 163. The FILIATION of children may be (1) BY NATURE or (2) BY ADOPTION.
NATURAL FILIATION may be (1) LEGITIMATE or (2) ILLEGITIMATE.  There is no sexual intercourse in artificial insemination. Hence, the wife
cannot be made liable for adultery if she had herself artificially inseminated
Art. 164. Children conceived OR born during the marriage of the parents are without the consent of the husband.
LEGITIMATE.
Art. 166. LEGITIMACY of a child may be impugned only on the following
Children conceived as a result of artificial insemination of the wife with the grounds: PPW
sperm of the husband or that of a donor or both are likewise LEGITIMATE 1. Physical impossibility of husband to have sexual intercourse with wife within
children of the husband and his wife, provided that both of them: AWE-R the first 120 days of the 300 days which immediately preceded the birth of the
1. Authorized or ratified such insemination; child because of: PFS
2. In a Written instrument; a. Physical incapacity of husband to have sexual intercourse with his wife
3. Executed and signed by them before the birth of the child. (impotence);
4. The instrument shall be Recorded in the civil registry with the birth b. Fact that husband and wife were living separately in such a way that
certificate of the child. sexual intercourse is not possible;
c. Serious illness of husband which absolutely prevented sexual intercourse;
 If there is no written instrument or such instrument was not
registered, it may be a ground for illegitimacy, but it does not make the child
2. Proof that for biological or other scientific reasons, the child could not have  Vasectomy – it must be coupled with concrete proof that the husband was
been that of the husband, except in the instance provided in the second entirely sterile and that rechannelization did not occur.
paragraph of Art. 164; or
 The use of DNA TESTING is a valid procedure for determining paternity.
3. Written authorization or ratification of either parent was obtained thru
mistake, fraud, violence, intimidation, or undue influence mfviu, in case of  Herrera v. Alba – DNA result that excludes the putative father from paternity
children conceived thru artificial insemination. is conclusive proof of non-paternity. If the probability of paternity
 Art. 166 presupposes a valid marriage between the husband and the wife. resulting from DNA is 99.9%, this creates a refutable presumption of
paternity. If it is less than 99.9%, it is merely corroborative.
 Only the husband and, in proper cases provided in Art. 171, the heirs can
invoke the grounds under Art. 166. No other person can make use of the  Vitiated consent in artificial insemination – MFVIU can be exerted by
same. not only the spouses against each other, but also by third persons on both of
the spouses or any one of them. However, the only person who can impugn
 In the even that any of the grounds enumerated in Art. 166 is proven, the the legitimacy of the child on this ground, or any ground provided by law for
child will neither be legitimate nor illegitimate insofar as the husband is that matter, is the husband as provided in Art. 170, or the heirs in special
concerned. Simply, the husband and the child will not be related to each other cases as provided in Art. 171.
in any manner considering that the husband did not participate in any way as
to the child’s procreation. Art. 168. IMPORTANT.
If the marriage is TERMINATED and the mother contracted another marriage
 Insofar as the mother is concerned, the child will be considered illegitimate. within 300 days after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:
 Art. 167 makes it impossible for the wife to file an action to impugn the 1. A child born BEFORE 180 days after solemnization of the subsequent
legitimacy of her child. marriage is considered to have been conceived DURING THE FORMER
MARRIAGE, provided it be born within 300 days after the termination
 Both Arts. 166 and 167 only necessarily apply to a situation where the child of the former marriage.
has been delivered by a woman who is the child’s natural mother. They do not 2. A child born AFTER 180 days following the celebration of the
apply to a situation where the alleged mother did not, in fact, deliver the child subsequent marriage is considered to have been conceived DURING
herself. SUCH MARRIAGE (subsequent), even though it be born within 300 days
after the termination of the former marriage.
 Impotence – physical impossibility perform the act of sexual intercourse.
 This rule will only apply “in the absence of proof to the contrary.” It will not
 Biological and scientific reasons – it has been held that, by the laws of apply in case there are convincing proofs of filiation that the father of the child
nature, a white couple cannot produce a black child or mulatto. However, it is is the previous husband or the subsequent husband, as the case may be.
important to present evidence showing that neither of the spouses had black
child or mulatto ancestry because, if either of the spouses had such ancestry,  Also, the rules do not give any presumption as to legitimacy or illegitimacy but
it is very possible that their offspring could exhibit the color of their forebears, merely state when the child is considered to have been conceived. The
thereby completely sustaining the legitimacy of the child. status of the child will depend upon the status of the marriage in which he or
she is considered to have been conceived.
 Sterility – for it to constitute proof of non-paternity on the ground of - If the first marriage is annulled – the child considered to have been
biological or scientific reasons, the husband must be shown to be completely conceived during the first marriage shall be legitimate because an annulled
sterile at the time when the child was conceived. marriage is valid up to the time it is terminated.
- If the marriage is declared null and void on the ground of Arts. 36 and
53 – the child shall likewise be legitimate pursuant to Art. 54.
 - If the marriage is void ab initio on any other ground – the child shall be  Only the HUSBAND or, in some cases, the HEIRS of the husband, can file
illegitimate. the action.

Art. 169. The legitimacy or illegitimacy of a child born after 300 days  Example: If a wife gives birth to a child of her paramour, the said child is
following the termination of the marriage shall be proved by whoever alleges born inside the valid marriage of the wife and the husband. Such child is,
such legitimacy or illegitimacy. therefore, considered legitimate as to the said husband and wife. Only the
husband can impugn the legitimacy of the child if the said husband wants to.
 A child born after 300 days from possible conception is not accorded any In the event the paramour files an action for the custody of the child
presumption either of legitimacy or illegitimacy. contending that he is the natural father, the action should be dismissed
because only the husband, as a general rule, can claim that the child is
Art. 170. illegitimate in a direct action for that purpose and only on the grounds
Prescriptive period of ACTION to IMPUGN LEGITIMACY of the CHILD: provided by law. To allow the custody case to prosper would mean allowing
1. If the HUSBAND or, in a proper case, ANY OF HIS HEIRS, reside in the paramour to impugn the legitimacy of the child vis-à-vis the husband
the CITY or MUNICIPALITY where the BIRTH TOOK PLACE or WAS which is not sanctioned by law.
RECORDED – action shall be brought within ONE YEAR from the
knowledge of birth or its recording in the civil register.  Tison v. CA – A niece filed a case for reconveyance of certain properties
formerly belonging to her aunt, who had the said niece as one of her heirs.
2. If HUSBAND or, in his default, all of his HEIRS do not reside at the The properties had been conveyed to respondent. To prove her filiation to her
place of birth or where it was recorded, and they reside in the aunt, the niece presented evidence showing that she was the legitimate
Philippines – action shall be brought within TWO YEARS from knowledge daughter of her father who was the brother of her aunt. The respondent filed
of birth or its recording in the civil register. a demurrer to evidence, claiming the evidences presented by the niece were
not enough to prove her legitimate filiation with her father and, consequently,
3. If HUSBAND or, in his default, all of his HEIRS do not reside at the with her aunt. SC ruled that, though the evidences, taken separately and
place of birth or where it was recorded, and they reside ABROAD – independently of each other were not per se sufficient to establish proof of
action shall be brought within THREE YEARS from knowledge of birth or legitimacy or even of pedigree, the niece could nevertheless avail of the
its recording in the civil register. presumption of legitimacy which was never controverted by any sufficient
evidence by the respondent. Moreover, SC said that the respondent had no
If the birth of the child has been CONCEALED from or was UNKNOWN to the legal personality to impugn the legitimacy of the niece as the said respondent
husband or his heirs, the period shall be counted from the discovery or was not the “husband” referred to in the law and also the issue of legitimacy
knowledge of the birth of the child or of the fact of registration of said birth, cannot be properly controverted in an action for reconveyance. Legitimacy
whichever is EARLIER. cannot be collaterally attacked but only directly attacked by the husband of
the niece’s mother.
Art. 171.
When may the HEIRS OF HUSBAND impugn the legitimacy of the child? DDC  Art. 171 applies to instances in which the father impugns the legitimacy of
1. Death of husband before the expiration of period fixed for bringing his action; the wife’s child. Where the action seeks to establish that the child is not the
2. Death of husband after the filing of complaint, without having desisted wife’s child at all, art. 171 does not apply.
therefrom; or
3. Child was born after the death of the husband.  Heirs cannot file any action to impugn the legitimacy of the child for as long as
the husband is still alive.
 Legitimacy cannot be collaterally attacked or impugned. It can be impugned
only in a DIRECT SUIT precisely filed for the purpose of assailing the  After the lapse of the prescriptive period, the status of the child becomes
legitimacy of the child. fixed and cannot be questioned anymore.
