Absolute Community Property Difference
Default property regime under the Family
Code, in the absence of marriage
settlement. or when the regime agreed
upon is void
Art. 88. The absolute community of
property between spouses shall commence
at the precise moment that the marriage is
celebrated. Any stipulation, express or
implied, for the commencement of the
community regime at any other time shaU
be void.
Art. 91, FC. Unless otherwise provided in
this Chapter or in the marriage
settlements, the community property shall
consist of
0 all the property owned by the spouses at
the time of the celebration of the
marriage or
o acquired thereafter.
0 including winnings from gambling (Art.
95, FC)
{ basically EVERYTHING, hence no need to
worry about interest, winnings, fines,
etc. (see Articles 106. 115, 118, 119.
120)
Conjugal Partnership Gains
Default Default property regime under the Old Civil Code
Properry
Regime
Commence Art. 88. The absolute community of property between
me11t spouses shall commence at the precise moment that
the marriage is celebrated. Any stipulation, express or
implied. for the commencement of the community
regime at any other time shaU be void.
What Art. 106,FC. Under the regime of conjugal partnership
constitutes of gains. the husband and wife place in a common
ACP/CPG fund the
O proceeds, products, fruits and income from their
separate properties and
0 those acquired by either or both spouses through
their efforts or by chance. and,
O 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 agreed in the
marriage settlements.
Art. 117. The following are conjugal partnership
properties:
1) Those acquired by onerous title during the
marriage at the expense of the common fund.
whether the acquisition be for the partnership.
or for only one of the spouses:
2) Those obtained from the labor. industry, work or
profession of either or both of the spouses:
3} The fruits, natural, industrial, or civil, due or
received during the marriage from the common
property, as well as the net fruits from the
exclusive property of each spouse:
4) The share of either spouse in the hidden
treasure which the law awards to the finder or
owner of the property where the treasure is
found:.
5) Those acquired through occupation such as
fishing or hunting;
6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
7) Those which are acquired by chance. such as
winnings from gambling or betting. However,
losses therefrom shall be borne exclusively by
the loser-spouse.

Art. 92. FC. The following shall be
excluded from the community property:
1) Property acquired during the
marriage by gratuitous title by either
spouse, and the fruits as well as the
income thereof, if any, unless it is
expressly provided by the donor,
testator or grantor that they shall
form part of the community property;
2) Property for personal and exclusive
use of either spouse. However,
jewelry shall form part of the
community property;
3) Property acquired before the
marriage by either spouse who has
legitimate descendants by a former
marriage. and the fruits as well as the
income. if any. of such property.
{ Art. 92 (1) even fruits are excluded
Art. 90, FC. The provisions on CO-
OWNERSHIP shall apply to the absolute
community of property between the
spouses in all matters not provided for in
this Chapter.
{ Hence. simply divide by two
FC Art. 93. Property acquired during the
marriage is presumed to belong to the
community. unless it is proved that it is
one of those excluded therefrom.
Including: (Family Code)
U Art. 118. Property bought on installments paid
party from exclusive funds of either spouses and
arty from conjugal funds, if full ownership was
vested DURING the marriage (subj to
reimbursement upon liquidation of partnership)
U Art. 119. Interest falling due DURING the marriage,
accruing from a credit payable to the spouse (but
the principal belongs exclusively to the creditor-
spouse)
U Art. 120. Ownership of improvements (whether for
utility or adornment) on the separate property of
the spouses at the expense of the partnership or
through the acts/efforts of either or both spouses
belong to the CPG OR the owner-spouse subject to
reimbursement
Exc/11sio11s FC Art. 109. The following shall be the exclusive
property of each spouse:
1) That which is brought to the marriage as his or
her own;
2) That which each acquires during the marriage
by gratuitous title:
3) That which is acquired by right of redemption,
by barter or by exchange with property
belonging to only one of the spouses: and
4) That which is purchased with exclusive money
of the wife or of the husband.
Also:
U Art. 122. Payment of personal debts of H/W
before/during the marriage which has NOT
redounded to the benefit of the family
U Art. 122. Fines and pecuniary indemnities imposed
upon the H/W
{ Art. 109 (2) only the property is excluded but its
fruits belong to the CPG
Suppletory FC Art. 108. The conjugal partnership shall be
Rule governed by the rules on the contract of
PARTNERSHIP in all that is not in conflict with what
is expressly determined in this Chapter or by the
spouses in their marriage settlements.
{ Still have to worry about who uses, who pays. etc.
Presumptio Article 160, NCC. All property of the marriage is
II presumed to belong to the conjugal partnership,
unless it be proved that it pertains exdusive!y .to...tru:.
husband or to the wife.
FC Art. 94. The absolute community of Charges Art. 121. The conjugal partnership shall be liable for:
property shall be liable for: from
1) The support of the spouse. their common
1) The su1mort of the spouses, their ACPICPG
children. and the legitimate children of either
common children, and legitimate
NOTE: Art. spouse: however, the support of illegitimate
children of either spouse; however, 94 (5) vs. children shall be governed by the provisions of
the support of illegitimate children Art. 121 (5)
this Code on Support;
shall be governed by the provisions
Art. 94 has 2) All debts and obligations contracted during the
of this Code on Support:
#9 while marriage by the designated administrator-spouse
2) All debts and obiigatiQfil contracted Art. 121
for the benefit of the conjugal partnership of
during the marriage by the has no
gains. or by both spouses or by one of them with
designated administrator-spouse for such
provision. the consent of the other:
the b.e.nefi.t of the community, or by
Such 3) Debts and obligations contracted by either
both spouses, or by one spouse ~ provision
spouse without the consent of the other to the
the consent of the other; for CPG is
found in extent that the family may have benefited:
3) Debts and obligations contracted by
Art. 122. 4) All taxes, liens, charges, and expenses, including
either spouse wjthout the consent of
major or minor repairs upon the conjugal
the other to the extent that the
partnership property;
family may have been benefited:
5) All taxes and expenses for mere preservation
4)
made during the marriage upon the separate
fXRfllill, including major or minor
property of either spouse;
repairs. upon the community
6) Expenses to enable either spouse to commence
or complete a professional, vocational, or other
S) All taxes and expenses for mere
activity for self-improvement:
J)reservation made during marriage
7) Antenuptial debts of either spouse insofar as
upon the separate Jlroperty of either
they have redounded to the benefit of the family;
spouse used by the family:
8) The value of what is donated or promised by
6) Expenses to enable either spouse to
both spouses in favor of their common legitimate
~co~ro~ro~e-n~c~e-~o~r-~c~o-mp~le~t~e_ _a
children for the exclusive purpose of
professional or vocational course. or
commencing or completing a professional or
other ili:lli'.iiy for self-improvement:
vocational course or other activity for self-
7) AllllilUptia! debts of either spouse
improvement: and
insofar as they have redounded to
9) Expenses of litigation between the spouses
the benefit of the family;
unless the suit is found to groundless.
8) The value of what is donated or
promjsed by both spouses in favor of
If the conjugal partnership is insufficient to cover the
their common legitimate children
foregoing liabilities, the spouses shall be solidarily
for the exclusive purpose of
liable for the unpaid balance with their separate
commencing or completing a
properties.
professional or vocational course or
other amvilY for self-improvement: Including:
9) An.!fn!!.P-tial debts of either spouse ii Art. 122. Payment of personal debts of H/W
other than t hose falling under before/during the marriage insofar as they
paragraph (7) of this Article, the redounded to the benefit of the family
su1mort of illegitimate children of ii Art. 122. Personal debts, fines and indemnities,
either spouse, and liabilities suppo11 of illegitimate children of either spouse,
incurred by either spouse by reason may be enforced against the partnership upon
of a crime or a quasi-deHct, in case of the ff conditions:
absence or insufficiency of the 1) After the responsibilities under Art. 121 are paid,
exclusive property of the debtor- AND
 spouse. the payment of which shall
be considered as advances to be
deducted from the share of the
debtor-spouse upon liquidation of
the community; and
10) E;..~enses of litigation between the
spouses unless the suit is found to be
groundless.
If the community property is insufficient
to cover the foregoing liabilities, except
those falling under paragraph (9), the
spouses shall be solidarily liable for the
unpaid balance with their separate
properties.
re Art. 96. The administration and
enjoyment of the community property
shall belong to both spouses jointly.
Disagreement: husband's decision
shall prevail. subject to recourse to
the court by the wife for proper
remedy, which must be availed of
within five years from the date of the
contract implementing such decision.
One spouse is incapacitated/unable to
participate in the administration of
the conjugal properties: the other
spouse may assume sole powers of
administration. These powers do not
include disposition or encumbrance
without authority of the court or the
written consent of the other spouse.
In the absence of such authority or
consent. the disposition or
encumbrance shall be void. However,
the transaction shall be construed as a
continuing offer on the part of the
consenting spouse and the third
person, a nd may be perfected as a
binding contract upon the acceptance
by the other spouse or authorization
by the court before the offer is
withdrawn by either or both offerors.
Art. 100 (3) re. In the absence of sufficient
community property, the separate
property of both spouses shall be solidarily
liable for the support of the family. The
spouse present shall, upon proper petition
in a summary proceeding, be given
judicial authority to administer or
encumber any specific separate property
2) If the spouse has no exclusive property or sufficient
property
3) Provided, that these will be charged to the spouse
upon liquidation of the partnership
Ownership, re Art. 124. The administration and enjoyment of the
Administra
conjugal partnership shall belong to both spouses
tion &
jointly.
enjoyment
Same as Art. 96
re Art. 142. The administration of all classes of
exclusive property of either spouse may be
transferred by the court to the other spouse:
1) When one spouse becomes the gl.lil.l:mfill of the
other;
2) When one spouse is judicially declared an
absentee:
3) When one spouse is sentenced to a penalty
which carries with it cjvjl jnterdictjon: or
4) When one spouse becomes a fugitive from
jl..lSlke or is in hiding as an accused in a criminal
If the other spouse is not qualified by reason of
incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be
the administrator.
Support of Art. 127 (3). In the absence of sufficient conjugal
family in partnership property. the separate property of both
case of spouses shall be solidarily liable for the support of the
separation family. The spouse present shall. upon petition in a
in fact bet. summary proceeding, be given judicial authority to
H&W administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share.
of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's
share.

Art. 99. The absolute community Ter111i1iatio FC Art. 126. The conjugal partnership terminates:
terminates: II 1) Upon the death of either spouse;
1) Upon the death of either spouse; 2) When there is a decree of legal separation;
2) When there is a decree of legal 3) When the marriage is annulled or declared void;
separation; or
3) When the marriage is annulled or 4) In case of judicial separation of property during
declared void; or the marriage under Articles 134 to 138.
4) In case of judicial separation of
property during the marriage under
Article 134 to 138.

Art. 102. Upon dissolution of the absolute Dissolution Art. 129. Upon the dissolution of the conjugal
community regime, the following
partnership regime, the following procedure shall
procedure shall apply: NOTE: Art.
102 ( 5) and apply:
1l An inventory shall be prepared,
Art. 129 (8) 1) An inventory shall be prepared, listing
listing separately all the properties of
a pply only separately all the properties of the conjugal
the absolute community and the in Articles
partnership and the exclusive properties of each
exclusive properties of each spouse. 40 and 45.
spouse.
2) The debts and obligations of the
2) Amounts advanced by the conjugal partnership
absolute community shall be paid out
in payment of personal debts and obligations of
of its assets. In case of insufficiency of
either spouse shall be credited to the conjugal
said assets. the spouses shall be
partnership as an asset thereof.
solidarily liable for the unpaid
3) Each spouse shall be reimbursed for the use of
balance w ith their separate properties
his or her exclusive funds in the acquisition of
in accordance with the provisions of
property or for the value of his or her exclusive
the second paragraph of Article 94.
property, the ownership of which has been
3) Whatever remains of the exclusive
vested by law in the conjugal partnership.
properties of the spouses shall
4) The debts and obligations of the conjugal
thereafter be delivered to each of
partnership shall be paid out of the conjugal
them.
assets. In case of insufficiency of said assets, the
4) The net remainder of the properties
spouses shall be solidarily liable for the unpaid
of the absolute community shall
balance with their separate properties, in
constitute its net assets. which shall
accordance with the provisions of paragraph (2)
be divided equally between husband
of Article 121.
and wife. unless a different
5) Whatever remains of the exclusive properties of
proportion or division was agreed
the spouses shall thereafter be delivered to each
upon in the marriage settlements, or
of them.
unless there has been a voluntary
6) Unless the owner had been indemnified from
waiver of such share provided in this
whatever source. the loss or deterioration of
Code. For purpose of computing the
movables used for the benefit of the family,
net profits subject to forfeiture in
belonging to either spouse, even due to fortuitous
accordance with Articles 43, No. (2)
event, shall be paid to said spouse from the
and 63, No. (2), the said profits shall
conjugal funds, if any.
be the increase in value between the
7) The net remainder of the conjugal partnership
market value of the community
properties shall constitute the profits, which
property at the time of the celebration
shall be divided equally between husband and
of the marriae:e and the market value
 wite, unless a dit'ferent proportion or division
at the time of its dissolution.
was agreed upon in the marriage settlements or
5) The presumptive legitimes of the
unless there has been a voluntary waiver or
common children shall be delivered
forfeiture of such share as provided in this Code.
upon partition, in accordance with
8) The presumptive legitimes of the common
Article 51.
children shall be delivered upon the partition in
6) Unless otherwise agreed upon by the
accordance with Article 51.
parties, in the partition of the
9) In the partition of the properties, the conjugal
properties, the conjugal dwelling and
dwelling and the lot on which it is situated shall,
the lot on which it is situated shall be
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom
adjudicated to the spouse with whom the
the majority of the common children
majority of the common children choose to
choose to remain. Children below the
remain. Children below the age of seven years
age of seven years are deemed to
are deemed to have chosen the mother, unless
have chosen the mother, unless the
the court has decided otherwise. In case there is
court has decided otherwise. In case
no such majority, the court shall decide, taking
there in no such majority, the court
into consideration the best interests of said
shall decide. taking into consideration
children.
the best interests of said children.

{ Formula: Net remainder = Net Profits/2

{ Formula: Net proceeds = Net Assets/2

No such proof Proof In Articles 106, 11 5. 118, 119, 120, it may be proved
whether the property belongs to the CPG or is an
exclusive property of the spouse