Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Succession - Common law spouse.

Go down  Message [Page 1 of 1]

1 Succession - Common law spouse. on Fri Oct 05, 2012 2:43 am


Arresto Menor
My professor and I always seem to have a difference in opinion. In his midterm exams, he asked whether a legacy/devise given to a common law spouse is a valid disposition. I answered in the affirmative.

When we were discussing his exam, he answered vaguely making reference to article 87 of the family code, which is a provision restricting donation as between spouses, including common law spouses.

Can I get an opinion, with legal basis if possible. I've been looking for jurisprudence to support either side, but to no avail. Neutral

View user profile

2 Re: Succession - Common law spouse. on Wed Oct 10, 2012 3:42 pm


Arresto Menor
I agree with you for a couple of reasons: (1) Art. 87 covers donation during the marriage (or common law marriage), but implicit in the Family Code is that marriage is terminated by death. (2) In Matabuena vs. Cervantes and other cases which extended the old Art 133 of the Civil Code (which only expressly mentioned legitimate spouses), it is stated that the policy of the article is to preserve the regime of conjugal partnership (now the absolute community of property regime), and to avoid gifts to "other women". At death, the interests of the legitimate spouse are already protected by inclusion as a compulsory heir.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum