- By the provisions of this Code; and
- By custom. (1315a)
Article 119. The future spouses may in the marriage settlements agree upon absolute or relative community of property, or upon complete separation of property, or upon any other regime. In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. (n)
Article 120. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. In the absence of the parents or of a guardian, the consent to the marriage settlements will be given by the family council. (1318a)
Article 121. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Art. 191. (1319a)
Article 122. The marriage settlements and any modification thereof shall be governed by the Statute of Frauds, and executed before the celebration of the marriage. They shall not prejudice third persons unless they are recorded in the Registry of Property. (1321a)
Article 123. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. (1323a)
Article 124. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail:
- If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their property relations;
- If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. (1325a)
Article 125. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage shall be rendered void and without effect whatever, if the marriage should not take place. However, those stipulations that do not depend upon the celebration of the marriage shall be valid. (1326a)
Chapter 2 - Donations by Reason of Marriage
Article 126. Donations by reason of marriage are those which are made before its celebration, in consideration of the same and in favor of one or both of the future spouses. (1327)
Article 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1328a)
Article 128. Minors may make and receive donations in their ante-nuptial contract, provided they are authorized by the persons who are to give their consent to the marriage of said minors. (1329a)
Article 129. Express acceptance is not necessary for the validity of these donations. (1330)
Article 130. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. (1331a)
Article 131. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. (1332a)
Article 132. A donation by reason of marriage is not revocable, save in the following cases:
- If it is conditional and the condition is not complied with;
- If the marriage is not celebrated;
- When the marriage takes place without the consent of the parents or guardian, as required by law;
- When the marriage is annulled, and the donee acted in bad faith;
- Upon legal separation, the donee being the guilty spouse;
- When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. (1333a)
Article 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect after the death of the donor.
Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
