- Statute
- Philippine Civil Code
- Article
- Art. 148
- Topic
- Conjugal Partnership of Gains
- Status
- In force, as amended
- Book
- BOOK I PERSONS
- Title
- TITLE VI PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
- Chapter
- CHAPTER 4 Conjugal Partnership of Gains
- Formerly
- Art. 1396 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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; (4) That which is purchased with exclusive money of the wife or of the husband. (1396)
Intellegal Wiki · In plain terms
Lists what stays the separate, exclusive property of each spouse rather than shared: what each brought into the marriage, what each received during it by gift or inheritance, what each got through redemption or by trading their own property, and what was bought with one spouse's own money.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Sally Go-Bangayan v. Benjamin Bangayan, Jr., the Supreme Court held: Affirmed the CA, holding the marriage null and void ab initio for lack of a marriage license and for being absolutely simulated, and applying Article 148 of the Family Code so that only properties acquired through the parties' actual joint contributions are co-owned.
One leading Supreme Court case applying this provision.
Cases applying this article
- Sally Go-Bangayan v. Benjamin Bangayan, Jr. G.R. No. 201061
- Torio v. Juan G.R. No. 256647
- Norie C. Paghubasan v. Amparo Y. Apostol G.R. No. 250372
- Erlinda A. Agapay v. Carlina (Cornelia) V. Palang G.R. No. 116668
- Perkins v. Perkins G.R. No. 35787