ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP COMPLETE SEPARATION OF

PROPERTY OF GAINS PROPERTY

The spouses are considered co- Special type of partnership, where In case of voluntary separation of
owners of all property brought into the husband and wife place in property, however, same is not
the marriage, as well as those common fund the proceeds, perfected by mere consent but upon
acquired during the marriage which products, fruits and income from the decree of the court approving the
CONCEPT is not otherwise excluded from the the separate properties and same. Without judicial approval, the
community either by provisions of those acquired by either or both contract or agreement for separation
the Family Code or by the marriage spouses through their efforts or of property is void.
settlement. It is a special form of co- by chance.
ownership.
If the marriage is celebrated under If the marriage is celebrated a) By express declaration in the
the Civil Code, ACP shall govern if it under the Civil Code, CPG shall marriage settlement
was provided from the marriage govern if a) it was provided for in b) By judicial order: a) finality of a
settlement between future spouses. the marriage settlement between decree of legal separation; b)
If the marriage is celebrated during the future spouse; or b) if there petition of the spouses for
WHEN GOVERNING the effectivity of Family Code, ACP was no marriage settlement at voluntary separation; upon
shall govern if it a) if it was provided the time of celebration of petition for judicial separation
in the marriage settlement marriage, or if the marriage due to a sufficient cause.
between the future spouses or b) if settlement is void.
there was no marriage settlement If the marriage is celebrated
at the time of the celebration of during the effectivity of the
marriage or if the marriage Family Code, CPG shall govern if it
settlement is void. was provided if it was provided in
the marriage settlement between
the future spouses.
Can commence at the precise moment that the marriage is celebrated. After the dissolution of the absolute
Any stipulation, express or implied, for the commencement of this community or of the conjugal
COMMENCEMENT regime at any other time shall be void. Hence, the spouses who partnership, the provisions on
reconcile after the finality of the decree of legal separation may not complete separation shall apply. The
 adopt conjugal partnership of gains/absolute community of property as final judgment of the separation shall
their new regime notwithstanding Sections 13 and 24 of the Rule on be recorded in the proper local civil
Legal Separation. registries and registries of property.
No waiver of rights, interests, shares and effects of the absolute
PROHIBITED WAIVER community of property/conjugal partnership of gains during the
marriage.
EXCEPTIONS: when the waiver takes place upon a judicial separation of
property
All the property owned by the a) Properties acquired by Each spouse shall own his/her
spouses at the time of the onerous title during the earnings and the fruits of his or her
celebration of the marriage or marriage at the expense of separate property.
acquired during the marriage common fund;
PROPERTIES INCLUDED unless excluded in the marriage b) Property obtained during
settlement or under Article 92 of the marriage from the
the Family Code. labor, industry, work or
profession of either or both
spouses;
c) Fruits from conjugal
properties and “net fruits”
from separate properties.
(net fruits refer to the
remainder of the fruits
often deducing the amount
necessary to cover the
expense of administration
of said exclusive property;
d) Share in the hidden
treasure and those
acquired thru fishing or
hunting;
e) Those acquired thru

a) Those acquired from the
absolute community in the
marriage settlement;
b) Acquired during the marriage
by gratuitous title by either
spouse, including fruits and
income thereof unless it is
expressly provided by the
grantor that they shall form
part of the community
PROPERTIES EXCLUDED property
c) Those acquired before the
marriage by either spouse
who has legitimate
descendants by a former
marriage, including the fruits
and income thereof;
d) Those for personal and
exclusive use of either spouse
except jewelry
chance, such as winnings
from gambling or betting.
However, losses shall be
borne exclusively by the
loser spouse.
f) Livestock existing at the
time of the dissolution of
the partnership, in excess
of the number of each kind
brought in the marriage.
a) Properties acquired prior to
the marriage, except 1)
fruits and income of said
properties, which shall be
included in the conjugal
partnership; 2) those
included therein in the
marriage settlement,
subject to the 1/5
limitation under Article 84
and the rule in 92 (3) of the
Family Code which apply by
analogy;
b) Properties acquired during
the marriage by gratuitous
title;
c) Properties acquired by right
of redemption, by barter or
by exchange with property
belonging to only one of
the spouses;
 d) Properties purchased with
exclusive money.
a) Support of: spouses, common children; legitimate children of The liability of the spouses to
either spouse but support of illegitimate children of either creditors shall, however, be solidary
spouse is chargeable to exclusive property of the illegitimate liable with their separate properties.
parent; The mutual obligation of the spouses
b) Debts and Obligations: to support each other continues
1) antenuptial debts (commenced before the marriage) by either except when there is legal separation
spouse are chargeable to ACP/CPG any if they have redounded between them.
to the benefit of the family;
2) for those contracted during the marriage: if contracted by both
CHARGEABLE OBLIGATIONS spouse; if contracted by one spouse with the consent of the
other; if contracted by one spouse without the consent of the
other but only to the extent that they have redounded to the
benefit of the family; if contracted by the administrator spouse
for the benefit of the family;
c) taxes and expenses
1) taxes falling upon ACP/CPG
2) taxes falling upon the separate property, if used by the
family.
3) Expenses incurred on ACP/CPG, whether the repair is major or
minor
4) Expenses incurred on separate property if incurred during the
marriage; for mere preservation; and property is used by the
family
Administration of the ACP/CPG belongs to both spouses jointly. Each spouse shall thereafter have
Sole administration when allowed: exclusive management, ownership,
a) If one spouse is incapacitated or otherwise unable to participate and disposition of all his earnings and
in the administration of conjugal properties, the other may the fruits of his or her separate
assume sole power of administration, without need of court property
ADMINISTRATION approval or authorization;
 b) If a spouse without just cause abandons the other or fails to
comply with his/her obligation to the family, the aggrieved
spouse may petition the court for sole administration;
c) During the pendency of a legal separation case, the court may
designate either of the spouses as sole administration
Causes: Former property regime between the spouses be
a) Death of either spouse revived:
Mandatory requirement: the surviving spouse a) When the civil interdiction of the prisoner-
must liquidate the ACP/CPG either judicially or spouse terminates;
extrajudicially, within one year from the death of b) Absent-spouse reappears;
the deceased spouse. c) When the court, being satisfied that the
DISSOLUTION/TERMINATION b) Finality of the decree of legal separation; spouse granted the power of administration in
c) Finality of a judgment of annulment; the marriage settlement will not again abuse
d) Finality of judgment declaring the marriage void; that power, authorizes the resumption of said
e) Upon judicial separation of property during the property;
marriage, either voluntarily or for a cause d) When the spouse who has left the conjugal
home with a decree of legal separation of legal
separation returns and resumes common life
with the other;
e) Parental authority is judicially restored to the
spouse previously deprived thereof;
f) When the spouses who have been separated
in fact or at least one year, reconcile and live
together again; or
g) When after a voluntary separation property
between the spouses, they agree to revive
their former property regime. But no
voluntary separation of property may
thereafter be granted to them.