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31 JANUARY 2017

ADVICE/ LEGAL BASIS


1. A solo parent can sign the contract without the signature of the spouse in terms
of acquisition.
YES. Solo parent can sign the contract without the signature of the spouse
in terms of acquisition, if he/she is single and allegedly been annulled.
Under Section 3 (a), Republic Act No. 8972, known as the Solo Parents
Welfare Act of 2000 defines solo parent as:
Solo parent any individual who falls under any of the following
categories:

(1) A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender: Provided, That the
mother keeps and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to
death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at
least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to
physical and/or mental incapacity of spouse as certified by a public
medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to
legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or by
a church as long as he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a
welfare institution;
(9) Any other person who solely provides parental care and support to a
child or children;

(10) Any family member who assumes the responsibility of head of family
as a result of the death, abandonment, disappearance or prolonged
absence of the parents or solo parent.

2. How spouses and married to differ in terms of property rights?

The terms spouses and married to are two differ in terms when dealing
into property rights.

The term spouse/s is generally a descriptive word. It is further defines as


follows:

(1) A person is a spouse for the purposes if the person is:

(a) is married to another person, or


(b) has lived with another person in a marriage-like relationship,
(c) has been living for a continuous period of at least 5 years, and,
(d) has a child with the other person.

(2) A spouse includes a former spouse.

The term married to connotes that any male or female of the age of
eighteen years or upwards not under any of the impediments mentioned in
Articles 37 and 38, has contracted marriage. (Article 5 of the Family
Code)

Article 1 of the Family Code states that marriage is a special contract of


permanent union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code.
Thus, the term married to directs any man or woman who has performed
the act of marriage as required by the law and is deemed binding with
each other as they entered into in accordance with law for the
establishment of conjugal and family life.

3. Signing of contracts alone without the signature of the husband or wife as the
case maybe.

Generally, signing of contracts alone without the signature of the husband


or wife is valid, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this Code.
(Article 1 of the Family Code)

A marriage settlement is an agreement executed between two parties who


plan to get married, in preparation for the property regime that would
govern their conjugal property during the marriage. Such agreements are
also commonly known as Pre-Nuptial Agreement.

The future spouses may, in the marriage settlements, agree upon the
regime of absolute community, conjugal partnership of gain, complete
separation of property, or any other regime. In the absence of a marriage
settlement, or when the regime agreed upon is void, the system of
absolute community of property as established in this Code shall
govern. (Article 75 of the Family Code of the Philippines)

There are three kinds of property regimes which are recognized by the
laws of the Philippines:
1. Regime of Absolute Community of Property
2. Regime of Conjugal Partnership of Gains
3. Regime of Complete Separation of Properties

In the Regime of Absolute Community of Property, the husband and the


wife become co-owners of all the properties that they bring into the
marriage and those acquired by either or both of them during the course of
their marriage, save for some exceptions. (Article 90 of the Family Code
of the Philippines)

The administration and enjoyment of the community property shall belong


to both the spouses jointly. (Article 96 of the Family Code) Neither
spouse may donate any community property without the consent of the
other. (Article 98 of the Family Code)

The Regime of the Absolute Community of Property is the default property


regime that would govern the property relations of a couple who had not
executed a marriage settlement prior to their marriage.

In Regime of Conjugal Partnership of Gains, the husband and the wife


retain ownership over their respective properties. The Parties place in a
common fund the proceeds, products, fruits and income from their
separate properties and those acquired by either or both spouses through
their efforts or by chance. Upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either or both spouses
shall be divided equally between them, unless otherwise stated in the
marriage settlements. (Article 106 of the Family Code of the
Philippines)

The administration and enjoyment of the conjugal partnership shall belong


to both spouses jointly. (Article 124 of the Family Code of the
Philippines)

Neither spouse may donate any conjugal partnership property without the
consent of the other. (Article 125 of the Family Code of the Philippines)

In the Regime of Complete Separation of Properties, each spouse shall


own, dispose of, possess, administer and enjoy his or her own separate
estate, without need of the consent of the other. To each spouse shall
belong all the earnings from his or her profession, business or industry
and all fruits, natural, industrial or civil, due or received during the
marriage from his or her separate property. (Article 145 of the Family
Code of the Philippines)
The Parties are free to manage their respective properties without
interference from the other spouse. Likewise, the Parties are also free to
donate without interference of the other.