Civil Law

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    ACP Scope and Exclusions, A91-93 Family Code

    1. Scope of ACP Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (197a) A. Definition 1) Community property – “consist of all the property owned…

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    ACP Dissolution, A99-101 Family Code

    1. ACP Termination Grounds for ACP Dissolution 1) Death of Either Spouse 2) Decree of Legal Separation 3) Declaration of Nullity or Annulment of Marriage 4) Judicial Separation of Property a. Death Related: Death of Either Spouse, A99(1) Family Code b. Decree of Legal Separation Related: Decree of Legal Separation, A99(2) Family Code c. Nullity…

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    Judicial Separation of Property, A99(4) Family Code

    Art. 99. The absolute community terminates: x x x (4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a) Related provisions: Art. 134. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except…

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    Nullity or Annulment of Marriage, A99(3) Family Code

    Art. 99. The absolute community terminates: x x x (3) When the marriage is annulled or declared void; x x x Related: • Void Marriages, A35-44 Family Code • Voidable Marriages, A45 Family Code 1) The system of absolute community of property, where all assets earned or acquired during the marriage are jointly owned by…

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    Decree of Legal Separation, A99(2) Family Code

    Art. 99. The absolute community terminates: x x x (2) When there is a decree of legal separation; x x x Related: Legal Separation, A56 Family Code 1) The absolute community of property — a legal setup where all properties acquired during the marriage are commonly owned by both spouses — officially ends when a…

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    Death of Either Spouse, A99(1) Family Code

    Art. 99. The absolute community terminates: (1) Upon the death of either spouse; x x x 1) The legal system of absolute community of property, where spouses share ownership of all assets acquired during the marriage, comes to an automatic end if either the husband or the wife passes away. The death of one spouse…

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    Sps. Eduarte v. CA (1996)

    Sps. Eduarte v. CA, G.R. No. 105944, February 9. 1996, per Francisco, J.: 1. Background • As set out in the appealed decision, the undisputed facts are as follows: Pedro Calapine was the registered owner of a parcel of land located in San Cristobal, San Pablo City, with an area of 12,199 square meters… On…

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    Donations by Reason of Marriage, A82-87 Family Code

    1. Concept Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126) 1) Donation propter nuptias (by reason of marriage) – refers to donations or gifts given to either/both future spouses in consideration…