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.