General Provisions

Jed and Maui executed a prenuptial agreement stipulating that their marriage will be valid only for a period of 4 years during their time in law school, and that it may be renewed through mutual consent, provided that negotiations for renewal begin at least 6 months before graduation.

Is this prenuptial agreement valid under Philippine law?

• YES

• NO

The property relationship between husband and wife shall be governed in what order?

• By local custom first, followed by the provisions of the Family Code, and lastly by marriage settlements executed before the marriage.

• By marriage settlements executed before the marriage first, followed by the provisions of the Family Code, and lastly by local custom.

• By the provisions of the Family Code first, followed by local custom, and lastly by marriage settlements executed before the marriage.

• By the provisions of the Family Code first, followed by marriage settlements executed before the marriage, and lastly by local custom.

Answer explanation

Art. 74. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements executed before the marriage;

(2) By the provisions of this Code; and

(3) By the local custom.

Art 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

In order for any modification in the marriage settlements to be valid, when must the modification be made?

• It must be made before or during the celebration of the marriage, without any specific legal requirements.

• It can be made after the marriage, subject to the approval of both spouses.

• It must be made during the marriage, with the approval of a court.

• It must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135, and 136.

Answer explanation

Art. 76. In order that any modifi cation in the marriage settlements may be valid, it must be made beforethe celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136.

Which of the following is required for marriage settlements and any modifications to be effective against third persons?

• They must be signed by the parties and registered in the local civil registry only.
  

• They must be in writing, signed by the parties, executed before the celebration of the marriage, and registered in the local civil registry as well as in the proper property registries.

• They must be notarized and registered with the court of first instance.

• They must be in writing, signed by the parties, and executed during the marriage.

Answer explanation

Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless theyare registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.

If the parents of a minor or the judicial guardian of the person under disability or under civil interdiction does not sign the marriage settlement as a party thereto, the marriage settlement is void.

• TRUE

• FALSE

Answer explanation

Art. 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.

Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto.

The property relations of the Filipino spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

• TRUE

• FALSE

Answer explanation

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and

(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.

What happens to the stipulations or donations made in a marriage settlement or contract in consideration of a future marriage if the marriage does not take place?

• The stipulations and donations become void only if they are related to property located outside the Philippines.

• All stipulations and donations made in consideration of the future marriage are valid even if the marriage does not occur.

• The stipulations and donations will be rendered void, except those that do not depend on the celebration of the marriage.

• Only the donations made by the prospective spouses are void if the marriage does not take place.

Answer explanation

Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles inconsideration of a future marriage, including donations between the prospective spouses made therein,shall be rendered void if the marriage does not take place. However, stipulations that do not depend uponthe celebration of the marriages shall be valid.

Which of the following is not a requisite for a valid donation propter nuptias?

• The donation must be made before the celebration of the marriage

• The donation must be made in consideration of the marriage.

• The donation shall be automatically revoked in case of non-celebration of the marriage

• The donation must be in favor of one or both of the future spouses.

Answer explanation

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.

(Provide example)

In gratitude, Charles' parents made a donation of a property in writing to Jessamae's parents shortly before their children’s wedding. The donation was accepted. What is the nature of the donation?

• It is an ordinary donation since it was not given to the bride or groom.

• It is donation propter nuptias since it was given with the marriage in mind.

• It is an indirect donation propter nuptias since the bride would eventually inherit the property from her parents.

• It is a remuneratory donation.

If the future spouses agree on a property regime other than the absolute community of property, the limit for donations made to each other in their marriage settlements is:

• One-half of their present property.

• One-fourth of their present property.

• One-fifth of their present property.

• There is no limit on the amount of donations.

Answer explanation

Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.

(Provide example)