Law, Life, and Love

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidence of credit. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such a valid marriage. If the party who acted in bad faith is not validly married to another, his or hers shall be forfeited in the manner provided in the last paragraph of the preceding Article. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. (144a)  If any of the requirements under Articl...

Art. 123. Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. (164a) This provision stipulates that the winnings can be considered as an income to the common property and to the separate property; therefore, it makes it a part of the conjugal partnership of gains.  The conjugal partnership property must not be put to risk, hence, losses shall be borne to the loser only and shall not be chargeable to the conjugal partnership property.  Gambling is never allowed by the law. In case of losses incurred by one of the spouses, he/she shall answer the same with his/her exclusive properties. This is to discourage it as it tends to dissipate or squander the properties of the family. If a spouse however...

Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. (n) This provision contemplates the situation where a property is bought on an installment basis, and is paid partly prior to and ended during the marriage. In this situation, the ownership of the said property is determined by the time when the title is vested. - Before the marriage, the ownership is vested to those exempted from the conjugal partnership under paragraph 1 of Article 109 as the property is brought to the marriage by the spouses. - After the marriage (ceremony), it is part of the Community Partnership Gains (CP...

Article 110. The spouses retain the ownership, possession, administration, and enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a) Exclusive properties are those mentioned in Article 109 of the Family Code. The following shall be the exclusive property of each spouse:  (1) That which is brought to the marriage as his or her own;  (2) That which each acquires during the marriage by gratuitous title;  (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and  (4) That which is purchased with exclusive money of the wife or of the husband.  As the owner of his or her exclusive property, a spouse of age may mortgage, encumber, alienate, dispos...

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (2) When the marriage takes place without the consent of the parents or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a resolutory condition and the condition is complied with; (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (1) The celebration of the marriage is a condition sine qua non for the validity of a donation propter nupt...

Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (131a) Encumbrance is a mortgage or other charge on property assets.  If the object of the donation is subject to an encumbrance, it is valid. The reason for this is that the donor is still the owner, even if it is encumbered. There are rules if the property is encumbered. These are as follows: 1. If the object of the donation has been foreclosed to answer for the unpaid debt of the donor and the amount obtained as a result of the foreclosure is less than the amount of the debt of the donor which was supposed to be satisfied by the foreclosure then the donee, the person received the gift, ...

A legitime is the portion of the inheritance that cannot be given away as it is reserved, by law, to compulsory heirs. It is the forced share of a decedent's estate. Hence, a father under the Philippine laws, cannot disinherit his children without sufficient legal cause.

When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor, or to injury to the other or material injury to the family, the aggrieved party may apply to the court for relief . This shows that the court may grant relief.

A donation by reason of marriage may be revoked by the donor in the following cases: 1.  Marriage is not celebrated or is judicially declared void ab initio, except marriage settlements, which shall be governed by Art. 81;

ž Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. The court must have first taken steps toward the reconciliation of the spouses and be fully satisfied, despite such efforts, that reconciliation is highly improbable, before any legal separation may be decreed.

Article 45: A marriage may be annulled for any of the following causes, existing at the time of marriage. 1. The party to whom the annulment is sought was 1 8 to less than 21 years of age and the  marriage was solemnized without the consent of parents, guardians or person having substitute parental authority over the party, in that order,  Unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife, which ratifies the marriage. 2.) That either party was of unsound mind   unless such party after coming to reason, freely cohabited with the other as husband and wife; •The party is incapable of comprehension as to what he is getting into, making him/her unable to give his/her consent. But the spouse who alleges the existence of an unsound mind in his/her spouse must prove by a preponderance of evidence that the respondent was not cognizant of the basic marital obligations. In case of insanity,...

An ambassador is the foreign diplomatic representative of a nation who is authorized to handle  political negotiations  between his or her country and the country where the ambassador has been assigned, while a  consul is a commercial agent of a nation, who is empowered only to  engage in business transactions , and not political matters in the country where he or she is stationed.  A consul is not entitled with the privileges accorded to an ambassador in the exceptions provided under article 2 of the Revised Penal Code. Source: The free dictionary by farlex