Art. 36Prejudicial Question What are the elements? 1. Previously instituted civil action involves an issue similar/intimately related tothe issue raised in the subsequent criminal action.. !esolution o" such issue determines #hether or not the criminal action may $roceed %here are &ivil and criminal case both are intricately connected to each other %he resolution o" the case must be determinative o" the case be"ore the court. 'urisdiction to try the said question must be lod(ed in another tribunal. &ivil case is $endin( to sus$end the criminal $roceedin(s) &ivil &ase must be resolved.*+,A%+ -. /0,A11 &riminal case o" bi(amy 2contractin( a second marria(e #hile havin( subsequent marria(e1 / Petitioner cannot raise $rejudicial question. Why? 3ecause the issuance "or the nullity o" marria(e by the second #i"eis not a determinative o" the husband4s (uilt "or crime o" bi(amy.3+35. -. 3+35. 115melda 3obis 6led a case o" bi(amy a(ainst res$ondent. 1 !es$ondent7 husband6led a civil action "or declaration o" nullity o" marria(e.89/*: 0nder the "amily code7 Art. ;< be"ore a $erson can contact into marria(e his 6rst marria(e must be declared null. 5t is not "or the $arties to declare the nullity o" their marria(e7 authority relies in the court. Q05A=3A+ -. +.+!5+> *oes not "all in the $rejudicial question.> ?irst case 6led7 administrative and civil case: &ivil case ejectment case7 issue: ri(ht to $ossess. Administrative case Petitioner7 Quiambao alle(es that there4s already cancellation o" a(reement to sell. > 5s there a $rejudicial question here? 5t is in the administrative case7 the determination o" #ho ri(ht"ully $ossess the land. +nly then can $roceed into the ejectment case &ivil case. %he resolution o" the civil case must be held in abeyance until there #ill be a resolution in the administrative case.> Art. 36 doesn4t clearly e@$lains the conce$t o" Prejudicial &ase7 5t is inter$ret by the &ourts.&85,A -. &+A> 20nder %rust !ecei$ts /a#1 &riminal case #as 6led . Accused 6led a civil case to move "or the sus$ension o" criminal $roceedin(s.> 5s there a $rejudicial question? ,o. %he determination o" (uilt o" the accused is not a determinative o" (uilt. %here are many #ays to be held an accused 9sta"a under Art. 31B o" !P&. 9ven you declared the documents null and void.P9+P/9 -. &+,.5,A> 3 cases are involved. 11 &ase "or *ama(es 6led by P35.1 &riminal case "or 9sta"a 2 "alsi6cation o" title1 31=otion #as 6led: asCin( the hearin( be held in abeyance7 6led by res$ondent &onsin(7 5,'0,&%5-9 !9/59? contendin( that he #as only an a(ent o" his mother. ( What is the Prejudicial Question? W+, the $endency o" the civil case > ,+ P!9'0*5&5A/ Q09.%5+,. Princi$le o" A(ency: Person and the a(ent is one and the same7 cons$ire. 3++D 1 P9!.+,. &5-5/ P9!.+,A/5%E5. Aeneral Provisions Art 3F>3G55. ,atural Persons Art. ;;3555. 'uridical Persons Art ;;>;F> '0!5*5&A/ &APA&5%E: 2+bli&+n1 Art. 3F 6tness to be thesubject o" le(al relations) acquired u$on the birth o" a $erson. Eou don4t need to be ca$acitated to be subject o" le(al relations. 9.A Parents o$ened an account in a banC. Parents (ave inheritance. > &APA&5%E %+ A&%: $o#er to do acts 7 not inherent on a $erson) de6ned by la#. %he ca$acity to enter contracts #hen you enter the a(e o" majority. >> P9!.+, : 0nder Art.; 5n this case7no retroactivity since it #ill im$air the vested ri(ht o" the $etitioner7 the vested or acquired ri(ht is not de6ned in the la# so it4s u$on the discretion o" the court to determine these ri(hts.> ?iscal had a child o" the secretary> &ourt ruled the child didn4t lose the ri(ht in the ne# ?amily &ode. %hey can still 6le "or the reco(nition o" the child. %he "amily code has (iven retroactive eJect #hen there4s no vested ri(ht im$aired.39!,A39 -. A/9'+> 0nder ne# rule7 the ille(itimate child must be alle(ed in the /5?9%5=9 o" the $arent.> !ule in evidence: $erson #ho alle(es must $rove the alle(ations. 9K&9P%5+, is marria(e. As lon( as there4s an alle(ation o" marria(e then it $resumes that there4s an e@istence o" marria(e. > Presum$tion o" =arria(e !A%5+,A/9: .ince they4ve been livin( to(ether. A!%. 1 o" =arria(e A s$ecial contract o" $ermanent union bet a man and a #oman enetered into in accordance #ith la# "or the establishment o" conju(al and "amily li"e. 5,-5+/A3/9 A,* 9P!=A,,9% 5, ,A%0!9. ,+%9: &+0!% W5// A. =0&8 A. P+..53/9 !9.+/-9 5, ?A-+! +? %89 =A!!5AA9.PA,AAA,53A, -. 3+!!+=9+Penalty: %he la#yer #as disbar) the notariMed contract #as invoCed. =A!5A%9A05 Presum$tion o" marria(e even out o" #edlocC but #ith a child and no divorced obtained=arria(e not subjected into sti$ulation7 The agreement between Alejandro and JuanaMapala is contrary to morals, customs and public policy, as consequence not judiciallyrecognizable. In marriage, parties cannot provide any stipulation, whether epress orimplied, speci!ic conditions and privileges o! their marriage..9/A,+-A -. =9,*+IA The agreement in question is void because it contravenes the provision under Art. ""#o! the $ivil $ode, which state that the !ollowing shall be void and o! no e!!ect% ' anycontract !or personal separationbetweenhusbandandwi!e( &"' everyetrajudicialagreement, during marriage, !or the dissolution o! the conjugal partnership o! gains or o!the absolute community o! property between husband and wi!e. /5&8A0&+ -.&+A> A(reement bet mother in la# and #i"e: to terminate marital relationsN > 5..09: W+, the $ardonin( o" the $revious a(reement #as valid.Art .9ssential reqs o" a valid marria(e >,o marria(e shall be valid unless these essential requisites are $resent:1. /9AA/& APA&5%E o" the contractin( $arties #ho must be male / "emale.. &+,.9,% ?!99/E A5-9, in the $rescence o" the solemniMin( oOcer.Art 3. ?ormal requisites o" marria(e1. Authority o" the solemniMin( oOcer. -alid marria(e license e@ce$t: under &h$ater 7 Art. F3. =arria(e ceremony > in the prescenc of two witnesses attesting to the celebration that marriage ceremonytook place.> After ceremony , signing contract and sigining of witnesses> Dutyof SOLEM!"!# O$$!%E&' (nder Art.)*,+, copies-original goes to the parties. Duplicate and triplicate to the local ci.il registrar, within /0 days upon the marriage must tArt. ; ,ote: A3.9,&9 +? 9..9,%5A/ !9Q./ ?+!=A/ H -+5* A3 5,5%5+ =A!!5AA9 7 *9?9&% 5, A,E 9..9,%5A/ !9Q. H -+5*7 5!!9A0/A!5%E H not aJect the validity but civilly7 criminally7 administratively liable.%ASE /' MA&1!E" 2S 1A!ssue' 3O the plaintiff and defendant are married%ASE )' %OS%A 2S 4ALA54A5O!ssue' 3O marriages solemni6ed by the respondent 7udge are .alid in accordance w8 the formalre9uisites under Art.,+*- of $amily %odeArt B> minimum a(e o" contractin( marria(e 1L yrs.Art 6. ,o $rescribed "orm/ reli(ious rite in solemniMin( marria(e7 =ust H t#o #itnesses si(ned by the contractin( $artiesArt.F $ersons authoriMed to solemniMed marria(e1. Any member o" judiciary #ithin court4s jurisdiction. Any $riest7 rabbi7 imam or minister o" church duly authoriMed his his church orsect3. Any ca$tain shi$ / air$lane chie" 2not only #hile the shi$ or $lane is in Pi(ht but also on sto$ overs1;. Any military commander o" unitB. Any consul>(eneral7 consul or vice>consul&A, =AE+! A0%8+!5I9* %+ .+/9=,5I9? E9.. 0,*9! /A0 (ranted $o#er 2local(ovt code1Q 5n ,avarro vs *oma(toy7 marria(e outside jud(e4s jurisdiction is only irre(ularity but in this rulin(7 it disa(rees because it is not #ithin jud(e4s authority and there"ore void.Art L $lace o" solemniMation : chambers o" jud(e or in o$en court7 churchArt G>B =arria(e /icense3ho issues the license:; !ssued by the Local %i.il &egistrar under Art. /); Must apply where you habitually resides; !n the absence of birth cert, baptismal cert. !f none sworn attestation of two people that they are of legal age and blah blah blah.; (nder Art.)< 1he license should be .alid in any part of the 4hils for the period of /)< days; 4osting in Municipality for periof of /< days ifthere are impediment; Art. /=,letter is not enough for the impediment of Marriage license, you must go to court to issue 1&O to %i.il &egistrar. !n the absence of 1&O, SO&&5> ; !f you?re abroad, the task of %i.il &egistrar is for %onsul&e9uirement of 4arental %onsnet under Art. )) par +0- @ for age of /=;)/$or parental ad.ise +/=;)*- differ only for * months from the date of publication#o thrugh counselling the must produce certificate that youundergone counselling%ASE *' &epublic .s %A and %AS1&OAbsence of marriage license renders marriage .oid ab initio.$O&E!# A1!OAL ' get a legal capacity to marry, !1?S O1 1AE %A(&%A 3EDD!# 1AA1 ADD 2AL!D!15 %A(&%A B %!2!Lhas same 2AL!D!153AA1 !S 1AE %OSEC(E%E O$ !&&E#(LA&!15 AD DE$E%1:; Shall not affect the .alidity of the marriage but the persnliable forthe defect or irregularity shall be held liable.+/- Authority of the solemni6ing officer+)- 2alid marriage license3ho can authori6ed:(nder Art. D, +/-incumbent member of 7udiciary, eE. Fudges,Fustices @ authority anywhere in the 4hilippinesFudges can solemni6ed in their chambers or in open court%an the 7udge solemeni6e in $ortune restaurant:So long as it is on his 7urisdiction and consent from the parties is gi.en.+/- priest, rabbi, pastor but must be authori6ed the chuch of he?s a member and must be registered in the local ci.il registry+)- any ship captain or airplane chief only in the cases mentioned in the Art. */Marriages in articulo mortis'Ship or airplane chief @ pro.ided the marriageis performed during2oyage, e.en during stop o.ers+*- Military commander of a unit who is a commission officer +Art.*)- @ military head in articulo mortis within the 6one of of military operation+,- %onsul 8 2ice %onsul @ they can issue license for $ilipinos li.ing abroad.+0- Mayorss +Arts ,,, nd ,,0 of L#%-ote' includes GActing MayorHArt. )I @ $oreign Marriage so long as in accordance w8 the place solemni6ed is .alid also in the 4hilippines. 4hilippine law does not pro.ide for absolute di.orce, hence our court cannot grant it, a marraiagebetween two $ilipinos cannot be dissol.ed e.en obtained abroad.$O&E!# MA&&!A#E!. LeE Loci %elebrationis; E.ery 7urisdiction has all the re9uirementsJ .alid in the pla.e and .alid e.erywhere; (nder Art. )I %ASE 0' #A&%!A 2S &E%!O; $oreign di.orce obtained must present as and e.idence' EK OL1A!ED ! MO&EA, M(S1 4&ESE1 1AA1 !1 3AS 2AL!D ! 1AE!& A1!OAL LA3; $ailure in the part of &ecio that he obtained the di.orce as and e.idence; !n issue of bigamous' %ourt eEamined that his foreign di.orce was limitedM!DS O$ D!2O&%EAbsolute di.orce Limited Di.orce%ASE 0' 2A DO& 2S &OM!LLO!ssue' 3O absolute di.orce in e.ada is granted in the 4hilippines%ASE I'&E4(LL!% 2S OL&E%!DOLoth of them were $ilipinos in the time of marriage, the other got naturali6ed and filed the di.orce. !s Art.)I of the $amily %ode binding on them: 5ES.5ou reckon their nationality on the time the di.orce was filed. 3A5: Lecause it?s unfair. %ASE D' %O&4(S 2S S1O 1OMAS; %ase state the applicaple principles the problem is $A!L(&E to pro.e; (ndert Art. *,' cohabitation of 0 yrs eEempt marriage licenseMA&&!A#ES EKEM41 $&OM L!%ESE &EC(!&EME1Art )D. 4oint of death, no need for license and if e.er the ailing party sur.i.es it will still be .alid.Art )= @ location is so remotedMA&&!A#E 38O MA&&!A#E L!%ESEArt. *, @ o license for a man and woman who ha.e L!2ED 1O#E1AE& $O& 0 5EA&S w8 O !M4ED!ME1%ASE = !AL 2S LA5ADO#3O the second marriage of 4epito was .oid: O4E.!!!.2O!D AD 2O!DALLE MA&&!A#ESArt 3B. -+5* =A!!5AA9. ?!+= %89 39A5,,5,A1. &ontracted by any $arty belo# 1L yrs o" a(e.. .olemniMed by not le(al authoriMed to $r"orm marria(es e@ce$t the $arties believin( in (ood "aith 3. .olemniMed #/o alicense;. 3i(amous/ $oly(amous marria(e B. &ontracted thru mistaCe o" identity6. -oid under Art. B3Art. 36 A marria(e contracted by a $arty #ho7 at the time o" the celebration #as $sycholo(ically inca$acitated to com$ly #ith essential marital obli(ations even suchinca$acity mani"ests only a"ter its solemniMation./esson R6A!%. 36 P.E&8+/+A5&A/ 5,&APA&5%E> 9@am$le o" void marria(es> %here are also void marria(es in accordance #ith $ublic $olicy> 5n le(al se$aration7 cou$le is still married but they can live se$arately.> What do you do i" your clients #ant to 6le on the (rounds o" $sycholo(ical inca$acity? 5" the client is insistent7 re"er him to a $sychiatrist. %he 6ndin(s #ill be a #ritten re$ort. 5" there4s a basis7 come bacC to la#yer. 3ut suOcient )1> %he court de$ends on the testimony o" e@$ert #itness in the case o" annulment.> Auidelines in inter$retin( "rom =olina1. 3urden o" $roo" to sho# the nullity o" marria(e belon(s to $laintiJ. !oot cause o" $sycholo(ical inca$icty must be: medically/clinically identi6ed 7alle(ed in the com$laint7 suOciently $roven by e@$erts7 clearly e@$ressed in the decision3. 5nca$a$city must e@isitin( at the time o" the marria(e;. 5ncurableB. Arave enou(h to brin( about the disability o" the $arty to assume mariatal oblu(ations> 5n An(eles7 1 o" the requirement is =0.% 39 A !9.5*9,% o" A,A9/9..> 0nder the la#7 the $arties should not connive or collude #ith the annulment.> %he linC bet#een the acts and the illness is the most 5=P+!%A,%/&!0&5A/ %+ P!+-9.> %he state is required to intervene #hen there4s no o$$osition in dissolution o" marria(e.> %he state adheres to the sanctitiy o" =arria(e7 the $olicy that it is inviolable.> 3++D +? =A!!5AA9. > What are the issues in the nullity case? Art. 6L /ove 7 &are 7 .u$$ort7 ?idelity21 there is custody o" children S=ost o" the time 7 the $etitioner has the custodyT 231 Pro$erty S.e$aration o" Pro$ertiesT> 5" there is Pro$erty issue7 you se$arate this issue 7 must indicate 6rst the W+,89 5. P.E&8+/+A5&A/ 5,&APA&5%A%9*> 5" the marria(e is ab initio S declaration o" nullityT i" valid "rom the be(innin(TannulmentT> %here are"amily courts in An(eles. 211 .an ?do 215n Aua(ua7 tarlac7 *inilu$ihan> Pro$erties are subject to &+>+W,9!.85P89!,A,*9I -. =A!5+ 89!,A,*9I> ?ailed to connect the $hysical behaviour to $sycholo(ical illness> %he $sycholo(ical illness is the root cause and must render that res$ondent isinca$able o" com$lyin( marital obli(ations.> Alleged habitual alcoholism, sexual infdelity or perversion and abandonment do not constitute as a ground for psychological incapacitated. 5t mush be sho#n that a $erson is suJerin( "rom disordered $ersonality as to nat able to "ul6l essential obli(ations..A,%+. -. .A,%+.> *oes abandonment can be (round? =aybe. *e$ends on the case but here7 it4s not bein( $roven.> Psycholo(ical inca$acitymust be characteriMed by:1. Aravity. 'uridical antecedence3. 5ncurabilityE+0 &A, *9&/A!9 2$etitioner1 as P.E&8+/+A5&A/ 5,&APA&5%A%9* )1*5??9!9,&9 +? A,,0/=9,% A,* *5-+!&9 *9P9,*. +, %89 A!+0,*.> 5ntention o" divorce : to be equitable "or everyoneWhat should you establish in your $etition? Auidelines laid do#n in !9P03/5& v. =+/5,A211 3urden o" $roo" to sho# the nullity o" marria(e is on the $alintiJ : 8e #ho alle(es must $rove21 =edically clinicall identi6ed as $sycholo(ical illness231 Proven by e@$ert>mere showing of irreconcilable diferences and conficting personalities do not constitute as a ground. =A!&+. -. =A!&+.> %he court cannot com$el $arties to under(o $sychiatric e@amination. ,o requirement "or res$ondent to be e@amined> 0nsatis"actory o" marria(e is not a (round "or null and void7.5AE,A&+ > *eclaration o" nullity is PA!%,9!>!9/A%5+,A/. +ne is only declared as $sycholo(ically inca$acitated W5%8 85. .P+0.9 > incom$atibility &85 =5,A &8+5> %he (round o" declaration o" nullity is in the re"usal o" &hi =in( &hoi/5=> *octor is asCed to testi"y. &an the doctor be allo#ed to testi"y? Ees. %here4s no doctor>$atient violated. 8e4s not testi"yin( by the condition o" $atient. ,o requirement o" disclosin(.3ill o" $articulars i" com$laint does not state the alle(ations clearly.+/5%A - =AA%+/5..& says that ejusdem (enerisArt. *D;Marriage incestuousArt. *= @ 2oid ab inito from reasons of public policy1. 3et#een collateral blood relatives. 3et#een $arents in la# and children in la#3. ...Art 3G. Action or de"ense "or declaration o" nullity o" marria(e shall not $rescribeArt. ;< %he absolute nullity o" marria(e may be invoCed "or the $ur$oses o" remarria(e on the basis solely o" a 6nal jud(ment declarin( such $revious marria(e void.2O!D MA&&!A#E.Art *D; !ncestuous marriageArt. *= @ affinity not by blood reasons of public policySta. Maria, adopted children can marry must ha.e forgotten Art. *= >>> Art. *N +amended ' OLD B/< years period-Art. , Elements of bigamy from Lobis .s Lobis!s the husband guilty of bigamy:%ourt ruled o. Since .oid ab initio first marriageDefense that petitioner O !1E1 Atty. %anlas @ can?t agree due to the opinion of the court will create an eEception about the absence of solemni6ing officer.Art. ,/ @ DE%LA&A1!O O$ 4&ES(M41!2E DEA1A1he prior spouse had been absent for $O(& %OSE%(1!2E 5EA&S and the spouse present had a 3ELL $O(DED LEL!E$ that the absent spouse is already dead.And for purposes of contracting marriage, spouse my declare 4&ES(M41!2E DEA1A.Art. *N/ @ person on board lost during a sea .oyage or an aeroplane missing who has not been heard for , yrs. +)- person in the armed forces who has taken part in war +*-person in danger of deathArt. ,/ $amily %ode Art =*of %i.il %odeAbsent , consecuti.e yrs Absent D consecuti.e yrs.Stricter (nheard8 no news4resumed to be dead ) yrs 4resumed to be dead , yrs3ell founded belief needed to secure DE%LA&A1!O of presumpti.e deatho need for declaration&eason' today?s technological ad.ancement made it easier to recei.e newsArt. ,)3hat to do when the absenteewhen reaapered: AMAS 2S %AL!S1E&!O$act of reaapearance will not in.alidate the second marriage.%onse9uence of re;appearanceDA#E& of presumpti.e deathSince old ci.il code reigning B no need for 7udicial declaration of absence, under $AM!L5 code, need a declaration J-SSS .s Far9ue .da De LailonI! the absentee reappears, but no step is ta)en to terminate the subsequent marriage, either by a!!idavit or by court action, such absentee*s mere reappearance, even i! made )nown to the spouses in the subsequent marriage, will not terminate such marriage. +ince the second marriage has been contracted because o! a presumption that the !ormer spouse is dead, such presumption continues inspite o! the spouse*s physical reappearance, and by !iction o! law, he or she must still be regarded as legally an absentee until the subsequent marriage is terminatedas provided by law. Art. ,- . e!!ects o! subsequent marriage/. %hildren born of subse9uent marriage are legitimate e.en the spouse re;appear.Art. ,, @ if both spouses acted in bad faith, marriage is .oid ab initioArt. ,0 @ 2oidable marriages @ considered 2AL!D until annulled. 8 A(LME1/. Absence of parental consent if party is o.er /= yrs old but below )/). (nsound mind*. 4hysically incapacitated to consummate; !mpotency' lack to %O4(LA1E not mere sterility and !%(&ALLE, 4O1E%5 is presumed, and the party who alleges impotency has the burden of pro.ing his allegation +Fimene6 .s %ani7are6- %ourt cannot assume impotency if wife refuses to submit phiscial eEamination. Lut can court compel her: 5es. !f she resisted, she may be held liable for contempt.,. %onsent obtained through $&A(D ' +Art. ,I- non disclosure of crime, concealment of pregnancy, concealment of drug addiction, alcohol habitualism, homoseEuality, consealment of S1D0. 2itiated thru .iolence, intitmidation and force2iolence @ there is .iolence when in order to wrest consent, serious or irresistible force isemployed.!ntimidation @ compelled by reasonable and well grounded fear of an immininent and gra.e e.l(ndue influence @ person takes improper ad.antage of his power o.er the will of another DE4&!2!# another for reasonable freedom of choice.I. Afflicted w8 seEually transmitted diseaseArt ,I. $f constitute $&A(D/. on disclosure of pre.ious con.iction b y a final 7udgment of a crime in.ol.ing moral turpitude). %oncealment of pregnancy*. %oncealment of a seEually transmissible disease,. %oncealment of drug addiction, habitual alcoholism, homeseEuallity or lesbianismO O1AE& M!S&E4&ESE1A1!O O& DE%E!1 S(%A AS &AM, AEAL1A $O&1(E O& %AAS1!15.D!S1!%1!O O$ A$$L!%1ED 38 S1D undert Art. ,0+I- .s Art ,I%O%EALME1 of S1D ' former, SE&!O(S AD !%(&ALLE. Latter, whtheror not serious or curable.J-!!. LE#AL SE4A&A1!OLegal Separation distinguished from Di.orceAbsolute Di.orce D!SSOL2ES the marriage and the parties can marry again. Legal Separation 8 relati.e di.orce is OL5 SE4A&A1!O from bed and board L(1 1AE4A&1!ES &EMA! MA&&!ED. LE#AL SE4A&A1!O 2S SE4A&A1!O O$ 4&O4E&15!n legal separation, common life of the spouses is suspended both as to person and to properties while in separation of property, they MA5 S1!LL be L!2!# 1O#E1AE& but their absolute community or con7ugal partnership is D!SSOL2ED.LE#AL SE4A&A1!O 2S A(LME1 O$ MA&&!A#E!n legal separation, marriage is not defecti.e while the latter is defecti.e.#rounds for Legal Separation +Art. 00-/. &epeated physical .iolence or grossly abusi.e conduct). 4hysical .iolence to compel petitioner to change religious or political affiliation *. Attempt of the respondent to corrupt or induce the petitioner, a common child or child of petitioner to engage prostitution,. $inal 7udgment sentencing respondent of I yrs imprisonment0. Drug addiction or habitual alcoholismI. Lesbianism or AomoseEuality or the respondent D. %ontracting of respondent of bigamous marriage +whether rin 4hils or abroad-=. SeEual infidelity or per.ersionN. Attempt by the respondent against the life of the eptitoner//. %ondonation). %onsent*. %onni.ance,. Mutual #uilt; a person must come to court with clean hands0. %ollusionI. 4rescription of the actionArt 0D @ an action for legal separation shall be filed within 0 years from the time of the occurrence of the action. (nder Art 0=, an action for legal separation should not be tried before IMO1AS shall ha.e elapsed the filing petition. &eason B %OOL!# O$$ 4E&!ODArt 0N. O LE#AL SE4A&A1!O should be decreedunless the court has taken the steps towardreconciliation and despite such efforts that reconciliation is highly improbable.Art I Must be eEecuted LE$O&E MA&&!A#E> Must be in writing , signed by the partiesMust be registered in order to affect 1hird 4ersons.Must it be notari6ed: o. Lecause it is in writing unless notari6ed by 4ublic. 1here?s no need for witnesses. 4arties can draft pre;nupt eEcept for lawyers. Art. =N @ no wai.er of rights eEcept legal separationArt. N< @ co;ownership3hat constitutes community property:Art. N/ @ the community property shall consists ALL 1AE 4&O4E&15 O3ED by the spouses at the time of the celebration of marriage or ac9uired thereafter.Art. N) $$ SAALL LE EK%L(DED from the community property/. Ac9uired by gratuitious). 4roperty for personal use +howe.er, 7ewelry eEempt-*. Ac9uired before the marriage by either who has legitimate descendants#ratuitious B free ) kinds of contract ' OE&O(S; that you pay to get something in eEchange #&A1(!1O(S B which is gi.en freely by a person +donated, inherited ' 5O( DO?1 AA2E 1O 4A5, recei.e by a gi.er w8o eEpecting in return-%AAES (4O AD OLL!#A1!OS O$ 1AE ALSOL(1E %OMM(!15Art. N, 1he absolute community of property shall be liable for'/. Support of the spouses, their common children and legitimate children of either spouses. Aow.er, illegitimate children shall be go.erned by the pro.isions on Support.). All debts and obligations contracted by the administrator;spouse for 1AE LEE$!1 O$ 1AE %OMM(!15 or by both spouses or by one spouse 3!1A 1AE %OSE1 of the other.*. Debts and obligations without consent but to the eEtent that the family may ha.e been benefited.,. All taEes, liens, charges and eEpenses including ma7or or minor repairs upon the community property.0. All taEes and eEpenses for mere preser.ation made during marriage upon the sparate property of either spouse used by the family.I. EEpenses to enable either spouse to commence or complete professional or .ocational course or for self;impro.ement.D. Antenuptial debts insofar as they redounded to the benefits of the family.=.A&1. N0 @ lost in gambling not chargeable to community but winnings therefrom shall form part.O3E&SA!4, ADM!!S1&A1!O, EFO5ME1 AD D!S4OS!1!O O$ %OMM(!15 4&OE4&15Art NI. 1he administration8en7oyment shall belong to both spouse. !n case of disagreement, the decision of husband shall pre.ail. !n case spouse is incapacitated or unable to participate ina dmnistration the other spouse may assume sole powers of admnistraion. 1hese powers do not include powers of disposition or encumbrance which must ha.e the authority of the court or consent of the other spouse.Art. ND @ Either spouse may dipose by will of his or her interest in the community propertyArt. N= @ either spouse may donate any community property without the consent of the other.D!SSOL(1!O O$ ALSOL(1E %OMM(!15 &E#!MEArt. NN the absolute community terminates'/. (pon death of either spouse). 3hen there is decree of legal separation*. 3hen the marriage is annulled or declared .oid,. !n case of 7udicial separation of property during the marriage under Art. /*, @ /*= Art. / W8E %89 .A/9 WA. *9?9&%5-9? 3ecause i" its conju(al7 89 .8+0/* A9% A .8A!9N 8is inheritance are im$aired. > &+,&/0.5+,: 5" the o#ner o" the title a$$ears to have a descri$tion7 it is the e@clusive or $ara$hernal $ro$erty o" husband or #i"e. ,ot suOcient $roo".> %he court said title is not suOcient to $rove the $ro$erty is conju(al "or actually7 it sho#ed that the $ro$erty is o" the "ather4s.A,.A/*+ -. .89!5??&!9*5%+! 3+!!+W9! .0!9%E/A0A!!A,%+! 5,*9=,5%E AA!99=9,%1. %he accounts are conju(al in character. &an these be liable by the $ersonal liability o" husband alone?P,3 -. A,.A/*+> /oan incurred by both s$ouses 2 they both si(ned1> 3oth o" them are obli(ated since they both a$$lied and receive the $roceeds o" the loan> When does conju(al commence? At the time the celebration o" the marria(eSec / #eneral 4ro.isionsArt. /