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Art.186, Sec.7, Chapter 4 of the Civil Code of the Phils.

12:57 AM |

Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains


Art. 186. The mourning apparel of the widow shall be paid for out of the estate of the deceased husband. 


Discussion/Explanation:


           The mourning apparel is refers to the wearing clothes of the widow within her sorrow upon death of her husband. The above article tells that the mourning apparel of the widow will be paid and she doesn’t have a fear anymore about the cost of the clothes she needs to wear. It is get from the estate left of her deceased husband.
           
This is need to be paid for out of the estate because by the time of their mourn when the widow still wearing mourning apparel she’s still showing her care and respect from the death of her deceased husband. She’s still have a right to the property of her deceased husband even they null their marriage. Upon apparel, it is serving as a proof of the widow’s mourning until it won’t get over or end.

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Posted by jane

Art.187, Sec.7, Chapter 4 of the Civil Code of the Phils.

12:54 AM |

 Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains



Art. 187. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed. 


Discussion/Explanation:


          This article presents that the rules on appraisal and sale of property in the Rules of Court as well as the other pertinent rules on matter not covered by this Code with respect to administration and settlement of the estate of deceased person are made applicable to liquidation of the conjugal partnership. It may also apply to liquidation of the absolute community of property in case of settlement of the estate of the deceased spouse.

           
In some point, there must be a legally appointed administrator of the estate. The liquidation of the conjugal property by the widow upon her husband’s death, not being authorized by law, is illegal and null. The person appointed administrator is entitled to the custody and possession of the property of the conjugal partnership while the settlement is being made. This doesn’t mean, however, that the wife or surviving partner is reprieved of all intervention in the settlement of the affairs of the partnership, for in intestate estate she is entitled to be appointed administered of her husband’s estate, unless some good reason for not appointing her is shown.
           
 But the partnership itself is dissolved and the surviving spouse, even if he be the husband, ceases to be the legal administrator of the conjugal property. No complainant can therefore be brought against him in an ordinary action for a recovery of a debt chargeable against the conjugal property, and the claim for this purpose should be filed in the testamentary or intestate proceedings of the deceased spouse.

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Posted by jane

Art.188, Sec.7, Chapter 4 of the Civil Code of the Phils.

12:49 AM |

Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains

 


Art. 188. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them.










Discussion/Explanation:


            In this article what belongs to the surviving spouse and children are their legitimized as well as the surviving spouse’s shares in the net profit or net asset of the conjugal property. With respect to the children, aside from their legitimized, they are entitled to   whatever shares may be forfeited in their favor. From these shares may be deducted over-payments for support as authorized by the above article.
           
The mass of property is now consists of right and obligations adjudicated to the heirs or transmitted to them after deducting there from all the debts left by the deceased. Obligations are no longer a part of the inheritance. There are other obligations, however, which do not constitute money debts. These are not extinguished by death, and must still be considered as forming part of the inheritance. Thus, if the deceased is a lessee for as definite period, paying a periodical rental, then the heirs will inherit the obligation to the pay the rentals as they fall due together with the rights arising from the lease contract.


  

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Posted by jane

Art.189, Sec.7, Chapter 4 of the Civil Code of the Phils.

12:41 AM |

Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains




Art. 189. Whenever the liquidation of the partnership of two or more marriages contracted by the same person should be carried out at the same time, in order to determine the capital of each partnership all kinds of proof in the absence of inventories shall be admitted; and in case of doubt, the partnership property shall be divided between the different partnerships in proportion to the duration of each and to the property belonging to the respective spouses.



Discussion/Explanation:


          This article described that upon the liquidation of the property, it's in need to see all the proofs for proper and equal distribution of conjugal property among two or more marriages contracted by the same person. The conjugal partnership formed by the second marriage was dissolved before judicial declaration of its nullity, the only just and equitable solution in this case would be to recognize the right of the second wife to have share of one-half in the property acquired by her and her husband, and consider the other half as pertaining to the conjugal partnership of the first marriage.

However, the real properties listed in the supplementary inventory are not included, because they definitely belong to the estate of the husband as the latter’s inheritance for his parents. It is one-half of the properties that pertain to the first conjugal partnership belong to her husband as his conjugal shares upon marriage, while the other half shall be considered as inherited by him and his five children as the heirs of the first wife. The properties pertain to the second partnership shall also be equally divided that one-half will belong to the husband and the other will be on the second wife, as their respective shares in their conjugal partnership properties. Then the shares of the husband should be divided among heirs, namely the second wife and his five children. The estate/property of the second wife were  shall be consist of one-half share in the conjugal properties of the aforesaid second marriage upon distribution and her one-sixth share in the estate of their husband as an heir.

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Posted by jane
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