Article 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and stepchildren;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82a)


     The law speaks of void marriages by reason of public policy, as public policy frowns upon those who are closely related by blood or artificial relationship from marrying each other.

Let me give one example in regards with provision number 2 which states "between step-parents and stepchildren": 

Question: 
A woman with a child G got married to a man with a child, B. May G and B get validly married to each other?

ANSWER: Yes, because although they are considered as stepbrother and stepsister of each other, still such a marriage, while prohibited under the Civil Code, is now allowed under the Family Code.


Reference: 
Family Code of the Philippines by Albano

Family Code of the Philippines 

TITLE I - MARRIAGE 

Article 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)




     This notice is one of the modes by which the State interferes in the marriage to prevent violations of the marriage law. It is noted, however, that if the local civil registrar does not publish the application and still, he issues the license, the marriage is still valid, because after all, publicity is not an essential requisite of marriage. The said public officer may, however, be held criminally or administratively liable.



Reference: 
Family Code of the Philippines by Albano

Article 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

     Legitimated children shall have the same status and rights of legitimate children, and with such rights enjoyed as of the time of their birth. 

Effects of Legitimation: 

a) the right to bear the surname of their father; 

b) the right to receive support from their parents, their ascendants, brothers and sisters; 

c) the right to the legitime and other successional rights. 




Reference: 
Family Code of the Philippines by Albano

Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
     The action already commenced by the child shall survive
notwithstanding the death of either or both of the parties. (268a)


        The above article is the action to claim legitimacy of the child. Generally, only the child himself may file the action, however, his heirs can do so if the child dies during minority and during incapacity. The heirs are given five years from the death, within which to bring the action. 




Reference: 
Family Code of the Philippines by Albano

Article 168. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage;

(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within three hundred days after the termination of the former marriage. (259a)


     According to the provisions of the above article, one of the requisites for the child to be considered child of the first marriage is that the child must have been born within 300 days after the termination of the first marriage and the said child must have been born within 180 days after the solemnization of the second marriage. 




Reference: 
Family Code by Albano

TITLE V 

FAMILY 

Article 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and

(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. (226a)

Article 155. The family home shall be exempt from execution, forced sale or attachment except:

(1) For non-payment of taxes;

(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 constitution; and

(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building. (243a)

     While those in numbers 1 and 2 mentioned in Article 154 are all referred to as beneficiaries, the family home is composed of the spouses or unmarried head of the family and the dependents. Also included in the beneficiaries are the grandparents and grandchildren. 

Modequillo vs. Breva

G.R. No. 86355, May 31, 1990

Facts:

Judgment was rendered by the Court of Appeals ordering defendant to pay a sum of money to plaintiff. The judgment having become final and executory, a writ of execution was issued by the Regional Trial Court to satisfy the judgment on the goods and chattels of defendants. The sheriff levied on a parcel of residential land. A motion to quash the levy on execution was filed by the defendant, alleging therein that the residential land is where the family home is built since 1969 which is, prior to the commencement of the case, is exempt from execution, forced sale or attachment under Articles 152 and 153 of the Family Code. The trial court denied the motion to quash.

Held:

The residential house and lot of defendant was not constituted as a family home, whether judicially or extra-judicially under the Civil Code. It became a family home by operation of law under Article 153 of the Family Code. It is deemed constituted as a family home upon the effectivity of the Family Code on August 3, 1988.

Defendant’s contention that it should be considered as a family home from the time it was occupied by him and his family in 1969 is not well-taken. Under Article 162 of the Family Code, “The provisions of this Chapter shall also govern existing family residences insofar as said provisions are applicable.” It does not mean that Articles 152 and 153 of said Code have a retroactive effect such that all existing family residences are deemed to have been constituted as family

homes at the time of their occupation prior to the effectivity of the Family Code and are exempt from execution for the payment of obligations incurred before the effectivity of the Family Code.

Article 162 simply means that all existing family residences at the time of the effectivity of the Family Code are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. Article 162 does not state that the provisions of Chapter 2, Title V have a retroactive effect. Defendant’s family home is not exempt from the execution of the money judgment. The debt or the liability, which was the basis of the judgment that arose, was incurred at the time of the vehicular accident on March 16, 1976 and the money judgment, arising therefrom rendered by the appellate court on 29 January 1988. Both preceded the effectivity of the Family Code on 3 August 1988. This case does not fall under the exemptions from execution provided in

the Family Code.

Under the Family Code, a family home is deemed constituted on a house and lot from the time it is occupied as a family residence. There is no need to constitute the same judicially as was required in the Civil Code. If the family actually resides in the premises, it is, therefore, a family home as contemplated by law. Thus, the creditors should take the necessary precautions to protect their interest before extending credit to the spouses or to the head of the family who owns the home. 

Reference: 

Family Code of the Philippines by Albano

CHAPTER 6 

REGIME OF SEPARATION OF PROPERTY 

Article 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)

Article 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Article 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Article 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.

The liability of the spouses to creditors for family expenses shall, however, be solidary. (215a)

     One of the advantages of Article 143 is that there will be little trouble in terms of personal expenses, except of course the "family expenses", as each spouse should proportionately bear it. Aside from the system of complete separation of property, there can also be a partial separation of property. In the latter case, it can be said that the conjugal partnership of gains or the absolute community exist. 

     If in the marriage settlement the future spouses agreed on the system of complete separation of property, this cannot later on be converted during the marriage into the conjugal partnership of gains. There is no provision of law authorizing this. On the other hand, the law expressly provides that the absolute community of property between spouses shall commence at the precise moment the marriage is celebrated. Any stipulation, express or implied for the commencement of the community regime at any other time shall be void. 

System of Separation of Property - it is the matrimonial property regime agreed upon in the marriage settlement by the future spouses whereby each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate and earnings without the consent of the other, with each spouse proportionately bearing the family expenses, proportionate to their earnings and profits of their respective property. 

Kinds of Separation of Property Systems: 

a. Separation of Property may refer to: 
        1) present property 
        2) future property 
        3) both 

b. Separation may also be: 
        1) total 
        2) partial 



Reference: 
Family Code of the Philippines by Albano

CHAPTER

CONJUGAL PARTNERSHIP OF GAINS  

Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities

Article 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:

(1)       An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse.

(2)       Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof.

(3)       Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership.

(4)       The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article 121.

(5)       Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(6)       Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.

(7)       The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code.

(8)       The presumptive legitimes of the common children shall be delivered upon partition in accordance with Article 51.

(9)       In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children. (181a, 182a, 183a, 184a, 185a)

Note: 

* In the dissolution of the conjugal partnership regime, it is necessary in the inventory to separate the listing of the conjugal and the separate assets. 

* In reference with the provision number three, if one of the spouses owns a lot where a building was built with conjugal funds, on the assumption that the value of the building is more than that of the land, the conjugal partnership shall reimburse the spouse owning the land during the liquidation of the partnership. This is so because, it is only  when the value of the land has been paid to the  spouse that ownership shall be vested in the partnership. 




Reference: 
Family Code of the Philippines by Albano

CHAPTER

CONJUGAL PARTNERSHIP OF GAINS  

Section 6. Dissolution of Conjugal Partnership Regime

Article 128. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)

Explanation:

         

          The article above deals with unjust abandonment (which we have discussed in Article 100 of this Code) of one spouse by the other spouse.

Again, as stated and discussed in Article 100 and the above article, if a spouse abandons another without just cause, he or she may petition the court for receivership, judicial of property or for authority to be the sole administrator of the conjugal partnership property.

Source: 
Family Code of the Philippines by ALBANO

CHAPTER

CONJUGAL PARTNERSHIP OF GAINS  

Section 3. Conjugal Partnership Property

Article 117. The following are conjugal partnership properties:

(1)                 Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;

(2)                 Those obtained from the labor, industry, work or profession of either or both of the spouses;

(3)                 The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse;

(4)                 The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found;

(5)                 Those acquired through occupation such as fishing or hunting;

(6)                 Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and

(7)                 Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154, 155, 159)

In Flores vs. Flores, 48 Phil. 288, a man married three (3) times. During the second marriage, he bought a parcel of land with some conjugal funds. He was able to register the land after his second wife died. Under this situation, the land belongs to the partnership of the second marriage.

Flores and Flores v. Flores

G.R No. 24173, November 24, 1925

FACTS: A man was married three times. During his second marriage, he bought some land with conjugal funds. After the second wife died, the husband registered the land under his own name in the Torrens System. Later, he married for the third time. Who owns the land?

HELD: The conjugal partnership of the second marriage is the owner of the land. In Sec. 70 of the Land Registration Act (No. 496) it is among other things, expressly declared that nothing in that Act shall be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife... except as otherwise provided in the Act. Property acquired during the marriage with conjugal funds pertain to the conjugal partnership regardless of the form in which the title is then or thereafter taken.

Sources: 
Family Code of the Philippines by Albano

Section 6. Liquidation of the Absolute Community Assets

and Liabilities

Article 102. Upon dissolution of the absolute community regime, the following procedure shall apply:

(1)       An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.

(2)       The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.

(3)       Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(4)       The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share as provided in this Code. For purposes of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.

(5)       The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51.

(6)       Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom

Separate listing of:

Ø  Absolute community

Ø  Exclusive properties of each spouse

Payment of Debts and Obligations of the Absolute Community

Ø  Absolute community assets; and

Ø  If insufficient, the separate properties (solidarily)

The rule of forfeiture is that the absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse.

Another rule is that the absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 63(2) of the Family Code.

Sources: 
Family Code of the Philippines by Albano