What is the 2 classes of unions without marriage?

The 2 classes of unions without marriage are:

1. Those unions of parties who are legally capacitated and not barred by any impediment to contract marriage. (Examples: where a man and a woman both above 18 years of age and single and who are capacitated to marry each other, cohabit or live together exclusively with each other as husband and wife without, however, getting married; where the man and woman do not have valid marriages with other persons but their marriage is void for such reasons as, the marriage is incestuous or is against public policy or was solemnized by one who is not authorized by law to perform the marriage [Jurado, Civil Law Reviewer])

2. Those unions of parties who are not legally capacitated to marry each other because of some legal impediment or incapacity of either or both of them. (Examples: bigamous marriages, adulterous relationships, relationships in a state of concubinage, relationships where both man and woman are married to other persons, and multiple alliances of the same married man)


What rule shall govern the property relations of unions without marriage?

Article 147 of the Family Code applies to unions of parties who are legally capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage.
Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

Article 148 of the Family Code applies to situations where the parties are not legally capacitated to marry each other.
Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith.

What are the requisites or conditions before Article 147 can be applied?

For Article 147 to operate, the man and the woman:

(1) must be capacitated to marry each other;
(2) live exclusively with each other as husband and wife; and
(3) their union is without the benefit of marriage or their marriage is void.  (Mercado-Fehr vs Fehr, G.R. No. 152716. October 23, 2003)

Under this property regime, property acquired by both spouses through their work and industry shall be governed by the rules on equal co-ownership. Any property acquired during the union is prima facie presumed to have been obtained through their joint efforts. A party who did not participate in the acquisition of the property shall still be considered as having contributed thereto jointly if said party's "efforts consisted in the care and maintenance of the family household." Unlike the conjugal partnership of gains, the fruits of the couple's separate property are not included in the co-ownership. (Valdes vs. RTC, G.R. No. 122749. July 31, 1996)


In cases of cohabitation falling under Art. 148 of the FC, what rules shall govern their property relations?

■ Only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of Article 147. (Art. 148, FC)


■ Under this regime, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. Proof of actual contribution is required.

The regime of limited co-ownership of property governing the union of parties who are not legally capacitated to marry each other, but who nonetheless live together as husband and wife, applies to properties acquired during said cohabitation in proportion to their respective contributions. Co-ownership will only be up to the extent of the proven actual contribution of money, property or industry. Absent proof of the extent thereof, their contributions and corresponding shares shall be presumed to be equal. (Atienza v. Yolanda de Castro, G.R. No. 169698, November 29, 2006)