Report no 9 - Article 80 of the FAMILY CODE OF THE PHILIPPINES

FAMILY CODE of the PHILIPPINES
Title IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

ARTICLE 80

Reported by :
Mary Grace A. De Lumban
Joy G. De Loyola

In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

This rule shall not apply:
1.Where both spouses are aliens;
2.With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and,
3.With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.

RULES GOVERNING PROPERTY RELATIONS.
•Property relations of spouses can be governed by the will of the parties provided that their agreement will not be contrary to law or public policy and it should be within the limits provided in the Family Code (Article 1).
•If the contracting parties are Filipinos, their property relations will be governed by Philippine laws in the absence of any agreement to the contrary.
•This rule applies even if they are married abroad or even if they reside abroad.
•
•Real property as well as personal property shall always be subject to the law of the country where it is situated. (Art. 16)
•In case where a contract is entered into involving parties abroad, the extrinsic validity of such contract, whether executed here or abroad, will not be governed by Philippine laws.
•If the contract were executed here, the laws of the country where the property is located may govern the extrinsic validity of the contract.
•
•The rule set forth in the first paragraph of Art 80 is not applicable where both spouses are aliens married in the Philippines.

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