Title IV Chapter 2: Donations by Reason of Marriage | Family Code of the Philippines
TITLE IV FAMILY CODE OF THE PHILIPPINES – We are going to know about Chapter 2 of Title IV of the Family Code of the Philippines.
The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino.
The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. Work on the said law began in 1979 and was drafted by two successive committees, with the first chaired by Supreme Court Justice Romero, and the second by former Supreme Court Justice J.B.L. Reyes.
EO 209 covers fields significant public interest, which also includes the laws on marriage.
Contents
The second chapter of Title IV is titled Donations by Reason of Marriage in the Family Code of the Philippines. Here they are, according to this website:
Article 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. (126)
Article 83
These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a)
Article 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. (130a)
Article 85
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. (131a)
Article 86
A donation by reason of marriage may be revoked by the donor in the following cases:
- 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;
- When the marriage takes place without the consent of the parents or guardian, as required by law;
- When the marriage is annulled, and the donee acted in bad faith;
- Upon legal separation, the donee being the guilty spouse;
- If it is with a resolutory condition and the condition is complied with;
- When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a)
Article 87
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. (133a)
READ ALSO: Title IV Chapter 1: General Provisions