Civil Code Of the Philippines

Family Code of the Philippines:Rules on the Forfeiture of the Share of the Guilty Spose

1. Re-appearance of spouse (Article 43(2))
Art. 43. The termination of the subsequent marriage referred to in
the preceding Article shall produce the following effects:
(2) The absolute community of property or the conjugal partnership,
as the case may be, shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith, his or her share of
the net profits of the community property or conjugal partnership
property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;

The present spouse cannot be the one in bad faith because in order to contract
a subsequent marriage, the present spouse must believe in good faith that the
absent spouse is dead.
2. Annulment (Article 50(1))
Art. 50. The effects provided for by paragraphs (2), (3), (4) and
(5) of Article 43 and by Article 44 shall also apply in the proper cases to
marriages which are declared ab initio or annulled by final judgment
under Articles 40 and 45.
3. Legal Separation (Article 63(2))
Art. 63. The decree of legal separation shall have the following
(2) The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);

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