1.
Children conceived or born before the judgment of annulment has become final and
executory are considered legitimate.
As to the property regime:
A. ACP/ CPG shall be dissolved and liquidated.
B. Share of spouse, who contracted the subsequent marriage in bad faith, in the
net profits of the community
property or conjugal partnership, shall be forfeited in favor of the common children, or if there
are none, the children of the guilty spouse by a previous marriage,
C. or in default of children, the innocent spouse
Donation propter nuptias in favor of the guilty spouse shall remain valid. However if donee
contracted the marriage in bad faith, such donations made to said donee shall be revoked by
operation of law.
if both spouses to the marriage acted in bad faith, all donations propter nuptias shall be
revoked by operation of law.
The designation of guilty spouse as beneficiary in the insurance policy shall remain valid
however if one spouse acted in bad faith, innocent spouse may revoke his designation as
beneficiary in the insurance policy even if such designation be stipulated as irrevocable.
The spouse who contracted the marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate or intestate succession.
Either spouse may contract subsequent marriage provided they comply with the
provision of Article 52 of the Family code:
Judgment of annulment
Partition
Distribution of properties
Delivery of Presumptive legitime
2. I will advise that drug addiction is not a ground for annulment of marriage.
For the same to be used as ground there must constitute fraud by way of
concealment of the said drug addiction. Here the husband becomes a drug addict
only during marriage and as such concealment or fraud will not lie.
Drug addiction is one of the enumerated grounds for filing a legal
separation. The wife can resort and consider filing the same.
3. Baby still cannot file for annulment of marriage. Although the husband is
already a drug addict prior to the marriage, the said fact was not concealed to the
wife, no concealment of the drug addiction of the husband, therefore annulment of
marriage cannot lie.
As regards legal separation, I would advise that the wife has legal grounds
to pursue the case, drug addiction is one of the enumerated by law as grounds for
legal separation.
4. Defenses that spouses may raise in a case for legal separation are as
follows:
Condonation of act complained of;
Consent to the commission of the offense/act;
Connivance in the commission of the act;
Collusion in the procurement of decree of LS;
Mutual guilt
5. An action for legal separation shall be in no case tried before 6 months has
elapsed since the filing of the petition, to enable the contending spouses to settle
differences for possible reconciliation.
6. No. The judge cannot resolve any issues during the cooling off period.
7. There is no observance of the “cooling -off “ period if the grounds alleged are
those under RA 9262.
8. Effects of Legal Separation:
Status of the children is still legitimate.
ACP/GCP shall be dissolved and liquidated
Offending spouse is disqualified to inherit from innocent spouse by intestate
succession
Provision in the will of innocent spouse which favors offending spouse shall be
revoked by operation of law
The innocent spouse may revoke donations he/she made in favor of the offending
spouse.
The Innocent spouse may revoke the designation of the offending spouse as a
beneficiary in any insurance policy even when stipulated as irrevocable.
Parties cannot enter into a subsequent marriage because the marriage bond in
legal separation is not severed. The parties are just entitled to live separately.
9. Requisites of a valid marriage settlement.
A. it must be in writing
B signed by the parties
C. executed before the celebration of marriage
D. signed by parent or guardian if 18-21-
E. registration in order to bind third parties.
10. The marriage settlement shall be void.
11. The donation propter nuptias shall be revoked by reason of the non-
celebration of marriage.
12. Lani and Paul if married prior to the effectivity of the Family Code shall be
governed by the regime of Conjugal Partnership of Gains. But if the marriage was
celebrated after the FC took effect absence marriage settlement the default regime
would be Absolute Community of Property.
13. Sale of community property must have the written consent of the other
spouse or the authority of the court otherwise the disposition is 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 acceptance of the other spouse.
14. No. The inheritance Leni received from her mother worth ten million will
not form part of the absolute community property. Under the law, property
acquired during the marriage by gratuitous title as well as the income and fruits
thereof shall be excluded in the absolute community of property. Unless the
grantor expressly provides otherwise.
15. Considering that the marriage settlement is a conjugal partnership of gains,
the inheritance received by Lenie is still excluded in the property, However the
fruits and income that may be derived from the said property will form part of the
conjugal property of the spouse.
16. Donation propter nuptias; Requisites:
1. Made before the celebration of marriage
2. Made in consideration of marriage
3. Made in favor of one or both of the future spouse
17. If there is a marriage settlement stipulating a property regime other than
ACP, the donation in the marriage shall not be more than ⅕ of the present
property, otherwise the excess shall be void.
18. To determine who shall be the owner of the improved property, the spouses
must resort to the rules in the FC under Art. 120.
1. Reverse Accession- if the cost of the improvement and the resulting increase
in value is more than the value of the principal property at the time of the
improvement, the entire property becomes conjugal
2. Accession- if the cost of the improvement and the resulting increase in
value is equal to or less than the value of the principal property at the time of the
improvement, the entire property becomes exclusive property of the respective
spouse.
In either case there shall be reimbursement upon the liquidation of the conjugal
partnership and the ownership shall only be vested to the respective spouse upon
reimbursement.
19. The husband by reason of him being the one who found the treasure has
share.
20. As a rule the property regime cannot be changed during the marriage.
21. The spouses may change their property regime into complete separation of
property by filing a petition in court if if there’s sufficient causes for judicial
separation of property like civil interdiction, judicial declaration of absence, loss of
parental authority as decreed by court abandonment, the administrative spouse
has abused the authority and separation in fact for one year and reconciliation is
highly improbable.
22. Yes, the spouses can file a petition for judicial separation of property based
on their agreement in the marriage settlement and by judicial order.
23. If Lea and Henry got married without a marriage license their property
regime shall be governed by the law on co-ownership under Article 147 of the FC .
Parties who live together without the legal impediment to marry.
24. Mark, being a married man, the second marriage is considered bigamous
hence, the rule on co -ownership under Art 148 of the FC shall govern.
25 Yes, Lea has rights over the properties acquired by them during the
period of cohabitation even without her actual financial contribution because
Article 147 provides that the presumption is that the property was obtained by
their joint efforts, work or industry and owned by them in equal shares.
26. No, Diane does not have any right over the properties acquired by them
during the period of cohabitation absence proof of actual financial contribution.
THe properties acquired shall be owned in common in proportion to their
respective contributions. No presumption of joint acquisition.
