Who shall fix the family domicile? In case of disagreement, who shall decide?

The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. (Art. 69, FC)

In what cases shall the system of complete separation of property govern the property relations between the spouses?

The system of complete separation of property shall govern the property relations between the spouses only in the following cases:

1. When it is expressly provided for in the marriage settlements (Arts 134 and 74, FC);

2. When it is so declared by a competent court (Art. 134, FC); and,

3. When the surviving spouse failed to liquidate the absolute community or conjugal partnership of gains of a previous marriage which has been terminated by death within the one-year period required by law prior to contracting another marriage. The subsequent marriage is mandatorily governed by a regime of complete separation. (Arts. 103 and 130, FC) 

When does Article 148 of the Family Code applies?

Article 148 of the Family Code applies in cases where the parties in union are incapacitated to marry each other. It refers to the property regime of bigamous marriages, adulterous relationships, relationships in a state of concubine, relationships where both man and woman are married to other persons, multiple alliances of the same married man. (Cariño vs. Cariño, G.R. No. 132529.  February 2, 2001)

What rule governs the property relations where one of the parties has legal impediment to marry the other?

When the parties spouses suffer from a legal impediment to marry or when they do not live exclusively with each other as husband and wife, the provisions of Article 148 of the Family Code apply, where 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. Proof of actual contribution is required, unlike in situations covered by Article 147. In the absence of proof of extent of the parties’ respective contribution, their share are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences 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 valid marriage. If the party who acted in bad faith is not validly married to another, his or her 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. (Agapay vs. Palang, G.R. No. 116668 July 28 1997; Article 148, FC)

Discuss the requirement of proof of "actual joint contribution" and the presumption of "equality of contribution" under Art. 148 of the Family Code

A reading of Article 148 readily shows that there must be proof of “actual joint contribution” by both the live-in partners before the property becomes co-owned by them in proportion to their contribution.  The presumption of equality of contribution arises only in the absence of proof of their proportionate contributions, subject to the condition that actual joint contribution is proven first.  Simply put, proof of actual contribution by both parties is required, otherwise there is no co-ownership and no presumption of equal sharing. (Villanueva vs. Court of Appeals, G.R. No. 143286.  April 14, 2004)

Does Article 148, FC apply retroactively?

Although the adulterous cohabitation of the parties or the acquisition of the property occurred before the effectivity of the Family Code on August 3, 1998, Article 148 applies because this provision was intended precisely to fill up the hiatus in Article 144 of the Civil Code.  Before Article 148 of the Family Code was enacted, there was no provision governing property relations of couples living in a state of adultery or concubinage.  (Atienza vs. De Castro, G.R. No. 169698, November 29, 2006)

What are donations by reason of marriage?

Donations by reason of marriage or donation propter nuptias, as stated in Article 82 of the Family code, are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. 

What are the requisites for a valid donation propter nuptias?

For a donation propter nuptias to be valid, the donation must be made: (BOC)

1. Before the celebration of the marriage;

2. In consideration of the marriage; and

3. In favor of one or both of the future spouses. 

What are the distinctions between donations by reason of marriage and ordinary donations?

Donation Propter Nuptias	Ordinary Donations
As to formalities, it is governed by the rules on ordinary donations except that if future property is donated, it must conform with the formalities of wills.	It is governed by the rules on donations (Articles 725- 773, NCC)
As to extent, both present and future properties may be donated	Only present properties may be donated
As to acceptance, donation propter nuptias does not require express acceptance.	As a general rule, express acceptance is necessary.
As to revocation,  the grounds are found in Article 86 of the Family Code	Grounds are found in the law on donations.

What are the formalities required in donations propter nuptias?

1. PRESENT PROPERTY - 

A. PERSONAL PROPERTY - If what is donated is a personal property the value of which exceeds P5,000.00, the donation and acceptance must both be in writing; otherwise, the donation is void.

B. REAL PROPERTY - If what is donated is a real property, the donation and acceptance must both be in public instrument; otherwise, the donation is void.

2. FUTURE PROPERTY - If what is donated is a future property, the donation must be in the form of wills. 

Can property subject to encumbrances be donated?

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. (Art. 85, FC)

What are the grounds for revoking a donation by reason of marriage?

A donation by reason of marriage may be revoked by the donor on the following grounds:

(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.  (Art. 86, FC)

Are donations made by either spouse in favor of the other during the marriage valid?

Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void. (Art. 87, FC) 

Why are donations between the spouses during the marriage prohibited?

Donations between spouses during marriage are prohibited. And this is so because if transfers or conveyances between spouses were allowed during marriage, that would destroy the system of conjugal partnership, a basic policy in civil law. It was also designed to prevent the exercise of undue influence by one spouse over the other, as well as to protect the institution of marriage, which is the cornerstone of family law. (Ching vs. Goyanko, Jr., G.R. No. 165879, November 10, 2006)

Are donations made by either spouse in favor of their step-children or persons of whom the other spouse is a presumptive heir during the marriage valid?

No. Donations made by either spouse in favor of the  children whom the other spouse had by another marriage (donations to step-children) or persons of whom the other spouse is a presumptive heir during the marriage is not valid because they constitute as an indirect donation to the other spouse which is prohibited by Art. 87 of the Family Code. 

What is the exception to the rule on donations during the marriage?

Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (Art. 87, Family Code)

What is the extent of the prohibition on donations during the marriage and why?

Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (Art. 87)

The prohibitions apply to a couple living as husband and wife without benefit of marriage, otherwise, “the condition of those who incurred guilt would turn out to be better than those in legal union.” (Ching vs. Goyanko, Jr., G.R. No. 165879, November 10, 2006)