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147:148 Matrix

1. Article 147 covers property acquired during a valid marriage or a void marriage due to psychological incapacity, while Article 148 covers property acquired during relationships that involve legal impediments to marriage like adultery or bigamy. 2. Under Article 147, property is owned equally while salaries are owned separately, and there is a presumption of equal contribution. Under Article 148, there is no presumption of joint ownership and actual contributions must be proven. 3. If one party is validly married to another, their share accrues to the actual civil partnership or conjugal partnership property existing in the marriage, while an unmarried party's share is forfeited as described in Article 147.

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64 views

147:148 Matrix

1. Article 147 covers property acquired during a valid marriage or a void marriage due to psychological incapacity, while Article 148 covers property acquired during relationships that involve legal impediments to marriage like adultery or bigamy. 2. Under Article 147, property is owned equally while salaries are owned separately, and there is a presumption of equal contribution. Under Article 148, there is no presumption of joint ownership and actual contributions must be proven. 3. If one party is validly married to another, their share accrues to the actual civil partnership or conjugal partnership property existing in the marriage, while an unmarried party's share is forfeited as described in Article 147.

Uploaded by

Khayzee Asesor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 147 Article 148

Applicability
Presence of legal impediment:
1. No legal impediment to marry;
1. Adulterous relationships
2. Void marriage on the ground of psychological
incapacity. 2. Bigamous/polygamous marriages

3. Incestuous void marriages under Art 37

4. Void marriages by reason of public policy (Art.


38)
Salaries & wages
Owned in equal shares Separately owned by the parties. If any is married,
his/her salary pertains to the CPG of the legitimate
marriage.

Property exclusively acquired


Belongs to party upon proof of acquisition through Belongs to such party
exclusive funds
Property acquired by both through their work or industry
Owned in common in proportion to their
Governed by rules of co-ownership respective contributions
Presumption
Property acquired while living together presumed No presumption of joint acquisition. Actual joint
obtained by their joint efforts, work or industry and contribution of money, property or industry shall be
owned by them in equal shares. owned by them in common proportion.

If one party did not participate in acquisition: However, their contributions are presumed equal,
in the absence of proof to the contrary
presumed to have contributed through care and
maintenance of family and household.
Forfeiture

When only one is in GF, share of party in BF in the If one of the parties is validly married to another,
co-ownership be forfeited in favor of: his/her share in the co-ownership shall accrue to
the ACP or CPG existing in the marriage.

1. their common children If the party who acted in BF is not validly married to
another or if both parties are in BF, such share be
2. innocent party in default of / waiver by forfeited in manner provided in last par of Art. 147
any/all common children, or by their descendants

Proof of actual contribution

Not necessary Necessary

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