Report: Article 148 of Family Code of the Philippines

Article 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 bad faith. (144a)

The parties have no legal capacity to marry or have some impediment to marry each other. It also applies to bigamous marriages, relationships where both man and woman are married to other persons, and multiple unions of the same married man.

There is no presumption that properties are acquired by joint efforts. Unlike article 147 of the Family Code, actual contribution must be proven; if without any proof, co-ownership does not exist. Also, contribution in the form of care of the children, home, household, spiritual or moral inspiration are not counted.

The share in the co-ownership of the party who was not validly married to another and acted in bad faith shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common child 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.

The forfeiture shall take place upon the termination of the cohabitation.