ARTICLES 73-80 OF THE FAMILY CODE
Joy Ann M. Duran
TOPICS
• ARTICLE 73: Rights & Obligations Between Husbands
& Wives – Exercise of Profession
• ARTICLES 74-80: Property Relations Between
Spouses – General Provisions
ARTICLE 73: EXERCISE OF PROFESSION
RIGHT OF EITHER SPOUSE TO ENGAGE IN
A PROFESSION OR OCCUPATION OR TO
ENGAGE IN BUSINESS
▪ Either spouse may exercise any
legitimate profession, occupation,
business or activity
▪ Any one of them may object, provided
the opposition is founded on valid,
serious, and moral grounds.
WHAT PROPERTIES SHALL BE LIABLE FOR THE
TRANSACTIONS OF THE SPOUSE WHO ACTED
WITHOUT THE CONSENT OF THE OTHER?
▪ If benefit has redounded to the family
prior to the objection, the absolute
community or conjugal partnership
properties shall be liable
▪ If the profits or income have accrued
after the objection, the separate
properties of the spouse who has not
obtained consent shall be liable
ONG v. COURT OF APPEALS
GR L-63025, Nov. 29, 1991
“Even assuming for the sake of argument that the
property in dispute is conjugal, the same may still be
held liable for the debts of the wife in this case. Under
Art. 117 of the Civil Code, the wife may engage in
business although the husband may object (but
subject to certain conditions). It is clear from the
records that the wife was engaged in the logging
business with the husband's knowledge and
apparently without any objection on his part. The acts
of the husband show that he gave his implied consent
to the wife's engagement in business.”
ARTICLE 117, NCC
The wife may exercise any profession or occupation or
engage in business. However, the husband may object,
provided:
(1) His income is sufficient for the family, according to its
social standing, and
(2) His opposition is founded on serious and valid grounds.
In case of disagreement on this question, the parents
and grandparents as well as the family council, if any, shall
be consulted. If no agreement is still arrived at, the court
will decide whatever may be proper and in the best interest
of the family.
Republic Act 7192: Women in
Development and Nation Building Act
AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL
AND EQUAL PARTNERS OF MEN IN DEVELOPMENT AND NATION
BUILDING AND FOR OTHER PURPOSES.
Sec. 5. Equality in Capacity to Act. — Women of legal age,
regardless of civil status, shall have the capacity to act and
enter into contracts which shall in every respect be equal to
that of men under similar circumstances. In all contractual
situations where married men have the capacity to act,
married women shall have equal rights.
Sec. 6. Equal Membership in Clubs
Sec. 7. Admission to Military Schools
Sec. 8. Voluntary Pag-IBIG, GSIS and SSS Coverage
Republic Act 9262: ANTI-VAWC LAW
SECTION 3. Definition of Terms
(a) Violence against women and their children
XXX
(D) “Economic abuse” refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on
valid, serious and moral grounds as defined in
Article 73 of the Family Code;
Republic Act 9262: ANTI-VAWC LAW
SECTION 5. Acts of Violence Against Women and Their Children.-
The crime of violence against women and their children is
committed through any of the following acts:
XXX
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money, or
properties;
PROPERTY RELATIONS BETWEEN SPOUSES:
GENERAL PROVISIONS
MARRIAGE SETTLEMENT
A contract entered into by persons
who are about to be united in marriage for
the purpose of fixing the condition of the
conjugal partnership with regard to
present and future property
PROPERTY REGIMES THAT MAY BE AGREED
UPON IN THE MARRIAGE SETTLEMENT
▪ Absolute community regime – almost
everything is owned in common
▪ Conjugal partnership of gains –
everything earned during the marriage
belongs to the conjugal partnership
▪ Complete separation of property – each
owns his earnings
▪ Any other regime
The provisions of the marriage settlement
must not be contrary to law, good morals,
good customs, public order, and public
policy. Said provisions must not be
derogatory to the dignity or authority of
the husband and the wife.
MODIFICATIONS IN THE MARRIAGE
SETTLEMENT
▪ Must be made before the celebration of the marriage
▪ Subject to the following provisions:
❖ Article 66 & 67: revival of the old property regime after
reconciliation in legal separation cases;
❖ Article 128: in case of abandonment of the other
spouse, the abandoned party may petition for
separation;
❖ Article 135: judicial separation of property upon
sufficient cause enumerated therein; and
❖ Article 136: voluntary dissolution of the property
regime
REQUISITES FOR A VALID MARRIAGE SETTLEMENT
▪ Must be in writing, signed by the parties
▪ Must be executed before the
celebration of the marriage
▪ Must not contain provisions contrary to
law, good morals, good customs, public
order and public policy
▪ Must generally confine itself only to
property relations
▪ Marriage must take place
REQUISITES FOR A VALID MARRIAGE SETTLEMENT
▪ Must be duly registered in the civil registry
and registry of property in order to bind
third persons
▪ If a party is at least 18 but below 21, the
persons whose consent is required for the
marriage to be valid must also be made a
party to the marriage settlement
▪ If a party is suffering from civil interdiction
or subject to any other disability, the
guardian must also be made a party to the
marriage settlement
IN CASE OF ABSENCE OF MARRIAGE SETTLEMENT
OR IF THE SAME IS VOID
▪ Marriage celebrated prior to effectivity of
the Family Code = CPG
▪ Marriage celebrated during the effectivity
of the Family Code = ACP
▪ Exception: in case no liquidation of the ACP
or CPG is made within 1 year from death of
the deceased spouse, a mandatory regime
of complete separation of property shall
govern the subsequent marriage of the
surviving spouse
LAW GOVERNING PROPERTY RELATIONS OF
FILIPINO SPOUSES
▪ Rule: Philippine laws shall govern their
property relations regardless of place of
celebration of marriage and their residence
▪ Exception: Properties located outside of the
Philippines
***Where both spouses are aliens, their
property relations shall be governed by their
national law
