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Wednesday, February 12, 2014

Does Article 148, FC apply retroactively?

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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)

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