Page:Republic Act No. 386.pdf/13

 (1334a)


 * Article 134. Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage, or to persons of whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor’s heirs after his death. (1335a)

Chapter 3 - Paraphernal Property

 * Article 135. All property brought by the wife to the marriage, as well as all property she acquires during the marriage, in accordance with article 148, is paraphernal. (1381a)


 * Article 136. The wife retains the ownership of the paraphernal property. (1382)


 * Article 137. The wife shall have the administration of the paraphernal property, unless she delivers the same to the husband by means of a public instrument empowering him to administer it.


 * In this case, the public instrument shall be recorded in the Registry of Property. As for the movables, the husband shall give adequate security. (1384a)


 * Article 138. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage.


 * The property itself shall also be subject to the daily expenses of the family, if the property of the conjugal partnership and the husband’s capital are not sufficient therefor. (1385a)


 * Article 139. The personal obligations of the husband can not be enforced against the fruits of the paraphernal property, unless it be proved that they redounded to the benefit of the family. (1386)


 * Article 140. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of the husband, and appear alone in court to litigate with regard to the same. (n)


 * Article 141. The alienation of any paraphernal property administered by the husband gives a right to the wife to require the constitution of a mortgage or any other security for the amount of the price which the husband may have received. (1390a)

Section 1 - General Provisions

 * Article 142. By means of the conjugal partnership of gains, the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. (1392a)


 * Article 143. All property of the conjugal partnership of gains is owned in common by the husband and wife. (n)


 * Article 144. When a man and a woman live together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-ownership. (n) PaEeui


 * 'Article 145. The conjugal partnership shall commence precisely on the date of the celebration of the marriage. Any stipulation to the contrary shall be void. (1393)


 * Article 146. Waiver of the gains or of the effects of this partnership during marriage cannot be made except in case of judicial separation.


 * When the waiver takes place by reason of separation, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument, and the creditors shall have the right which article 1052 grants them. (1394a)


 * Article 147. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter. (1395)

Section 2 - Exclusive Property of Each Spouse

 * Article 148. The following shall be the exclusive property of each spouse:


 * (1) That which is brought to the marriage as his or her own;


 * (2) That which each acquires, during the marriage, by lucrative title;


 * (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;