CATEGORY ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP OF GAINS COMPLETE SEPARATION OF

PROPERTY
Commence @ the PRECISE MOMENT that marriage is CELEBRATED - Only when the same has been agreed upon -takes place only except by judicial
/Existence  Any other time = void (Art. 88) in the marriage settlement (Art. 105) order. Such judicial separation of
Same with ACP’s ART. 88 => Art. 106 property may either be voluntary or for
In absence of marriage settlement -> default: ACP sufficient cause. (Art. 134, FC)

Waiver No Waiver of RISE can be made DURING the marriage

>except: in case of judicial separation of property (JSP)

Waiver takes place upon

1. JSP
2. Marriage – dissolved/annulled
- Shall
 Appear in a public instrument
 Recorded as provided in Art. 77
- Creditors of spouse who waivered may petition court to rescind the waiver
>limit: to the extent of the amount sufficient to cover the amount of their credits (Art. 89
Other rules or Co-ownership provisions apply in all matters not provided for Conjugal partnership – governed by rules on
provisions that in FC CONTRACT OF PARTNERSHIP in
apply  all that is not in conflict with what is expressly
determined in this Chapter or
 by the spouses in their marriage settlements
(Art. 108)

What ALL property owned by the spouses –  proceeds, products, fruits, and income from the
constitutes  @ the time of the celebration of the marriage SEPARATE properties of the spouses
Comm. Prop.  /acquired thereafter  those acquired by either/both spouses by
 their efforts
 /chance
 Damages because of an accident
(loss of expected salary/hospitalization expenses)
CONJUGAL PARTNERSHIP PROPERTY (Section
3)
1. Property acquired DURING the marriage
(Art. 116)
a. Contracted/registered in name of
one/both spouses
b. Whether acquisition be for the
partnership or for ONLY ONE of the
spouses
2. The ff are CPP (Art. 117)
ALL 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
Family Code of the Philippines)
It may refer to present or future
property or both. It may be total or
partial. In the latter case, the property
not agreed upon as separate shall
pertain to the absolute
community. (Article 144 Family Code
of the Philippines)
 a. Acquired by onerous title during the
marriage @ expense of COMMON fund
b. Obtained from LIW/P
c. Fruits, (nat, industrial, /civil)
due/received DURING the marriage
from the common property
+ net fruits from the EXCLUSIVE
property of each spouse
d. Share of either spouse in the hidden
treasure
e. Acquired through occupation such as
fishing and hunting
f. Livestock existing upon dissolution of
partnership
- In excess of number of each kind ->
brought to the marriage by either spouse
g. Acquired by CHANCE
- Losses born by loser-spouse
Excluded from PROPERTY… As Exclusive properties of Each Spouse (Art. 109)
Comm. Prop. 1. Acquired DURING the marriage A. Property by Direct Acquisition
 By gratuitous title 1. Brought to the marriage as his or her OWN
 Fruits & income (from donations) 2. Acquired during marriage by GRATUITOUS
>unless expressly provided by the DoTeG title
Desire of gratuitous giver must be respected
B. Property by substitution
3. Acquired by right of
2. For PERSONAL and EXCLUSIVE use of EITHER  REDEMPTION
spouse  Barter
>except jewelry  /by exchange with property belonging to
only one of the spouses
3. Acquired BEFORE the marriage
 By EITHER spouse 4. Purchased with EXCLUSIVE MONEY of the
 Who has legitimate descendants by a wife/husband
FORMER marriage *spouse dies before delivery of acquired property with exclusive
 + fruits & income of such property money = heirs are the owners, not the spouse
*spouse may ignore judgment against the other, since property
To protect the rights/legitimes of the involved is exclusive
children/other descendants of the previous
marriage
Must be LEGITIMATE
Property 1. DURING the marriage = Presumed to belong to the A. By Onerous donations – amount of charges
acquired community = born by exclusive property when advanced by
>unless proved that it is among those excluded CPG (Art. 114)

Retirement benefits, pensions, annuities, gratuities,

usufructs & similar benefits
 = governed by rules on gratuitous or onerous
acquisitions as may be proper (Art. 115)

B. PROPERTY BOUGHT ON
INSTALLMENTS (Art. 118)
- Partly paid with exclusive funds + conjugal
= before marriage-> buyer/buyers
=after marriage -> conjugal partnership
*any amount advanced -> be reimbursed upon
liquidation

C. AMOUNT/CREDIT PAYABLE WITHIN

PERIOD OF TIME (Art. 119)
- sums collected during marriage = exclusive
property of the spouse
-interests during marriage on principal = belong to
conjugal partnership

D. OWNERSHIP OF IMPROVEMENTS (Art.

120)
- Whether for utility or adornment
- Made on the SEPARATE property of the
spouses
- @ expense of partnership
- /through acts/efforts of both spouses
- Shall pertain to CONJUGAL
PARTNERSHIP
- /to original owner-spouse
-
RULES:
1. Cost of improvement = more than
value of property
 Conjugal partnership (+
reimbursement of value of owner-
spouse)
2. Otherwise: retained by owner-spouse
(+ reimbursement of costs)
Charges Upon Liable for Liable for (Art. 121) -each spouse shall contribute to the
and Obligations 1. SUPPORT of No’s 1 to 3 = SAME as ACP family expenses, in proportion to their
a. the spouses 4. ALL [TaliCE] income. in case of insufficiency, to the
b. their COMMON children - Including – current market value of their separate
 c. the legitimate children of either o Major properties.
[>support of illegitimate children = not supported by o & minor repairs
AC] - Upon the CPP
2. ALL DEBTS & OBLIGATIONS 5. ALL [TaE] for mere preservation -liability of the spouses to creditors for
- Contracted DURING the marriage
- By the designated administrator-spouse
- Made during marriage upon the separate family expenses shall be solidary. (Art.
o For the benefit of the community property of either spouse 146, FC)
- By both spouses No. 5-8= SAME as ACP
- /by one spouse with the consent of the other; 9. EXPENSES OF LITIGATION
3. ALL DEBTS & OBLIGATIONS - Between spouses
- Contracted by either spouse >unless suit s found to be groundless
- Without the consent of the other
- to the extent that the family may have been benefitted; Conjugal partnership is insufficient? = spouses are
4. ALL [TaliCE] solidarily liable for the unpaid balance with their
- Including –
separate property.
o Major
o & minor repairs
- Upon the community property PERSONAL DEBTS (Art. 122)
5. ALL [TaE] for mere preservation - Contracted by either
- Made during marriage upon the separate property of either - Before/during the marriage
spouse - Shall not be charged to the conjugal
- Used by the family partnership
6. EXPENSES to enable >>except: if they have redounded to the
- Either spouse benefit of the family
- To commence/complete a [ProVO]
7. ANTENUPTIAL DEBTS
+ fines & pecuniary indemnities
- Of either spouse >>+ support of illegitimate children may be enforced
- Have redounded to the benefit of the family; against partnership assets after responsibilities are
8. VALUE DONATED or PROMISED covered
- By both spouses >>condition: spouse has no exclusive property/is
- in favor of their common, legitimate children insufficient
- for the exclusive purpose of commencing/completeing a >>>@ time of liquidation: spouse shall be charged
[ProVO] for what has been paid
9. ANTENUPTIAL DEBTS
o Of either spouse
o Other than those falling under par. 7
- + support of illegitimate children of either spouse
- +liabilities incurred
o by either spouse
o by reason of a crime/quasi-delict
- in case of absence/insufficiency of exclusive property of
debtor-spouse
 payment will be considered as advances
 deducted from share; upon liquidation
Whatever may  Shall be borne by the loser
be lost during  Shall not be charged to the community
the marriage in  Any winnings -> shall form part of the community property
any game of
[ChaBSO]
Ownership, Of the COMMUNITY PROPERTY
Possession,  Shall belong to both spouses jointly [Gen. Rule: Joint
Administration, A&E by both spouses]
& Enjoyment  [>exception]: In case of disagreement: husband’s
decision shall prevail
 Subject to recourse to the court by the wife
 For a proper remedy
 w/c must be availed of WITHIN 5 YRS
 from the DATE OF CONTRACT implementing
such decision
 [Rules of Exception]: in the event that one spouse is
 incapacitated
 /otherwise unable to participate in the admin. Of
common properties
 OTHER SPOUSE may assume powers of
administration
 These powers do not include:
 Disposition/encumbrance
 Without authority of the court
 /written consent of the other spouse
 In the absence = VOID
 Transaction shall be construed as a
continuing offer
 On part of the consenting spouse & 3rd
person
 May be perfected as a binding contract
 Upon acceptance by the other
spouse
 /authorization by the court
 Before the court is withdrawn by either or
both offerors
 Either spouse may dispose BY WILL
- Of his/her interest in the CP
 [Gen. Rule]: Neither spouse may DONATE ANY CP
- WITHOUT consent of the other
[>except]: Make MODERATE donations from the CP for
 Charity and /on occasion of family rejoicing/distress
DISSOLUTION/ AC terminates [GROUNDS FOR TERMINATION]
DURATION  Upon DEATH of either spouse
 Legal decree of LEGAL SEPARATION
 Marriage is ANNULLED or DECLARED VOID
 In case of JSP during marriage under Art. 134-138
Of EXCLUSIVE PROPERTIES (Art. 110)
= retained by spouses
Transfer of admin. Of exclusive property -> to the
other
 By either spouse
 By means of a PUBLIC INSTRUMENT
 Recorded in REGISTRY OF PROPERTY
OF PLACE
- Where property is located
Mortgage, Encumbrance, Alienation or Disposition
 May be done WITHOUT the consent of the
other
 May appear ALONE in order to litigate
ALIENATION of EXC. Prop. -> administered by the
other
 automatically terminates the administration over
such property
 proceeds turned over to owner-spouse
Property donated/left by will to the spouses,
JOINTLY and with designation of determinate
shares (1/2 for each, unless in different proportion)
=shall pertain to donee-spouse as his or her own
EXCL. PROP.
Lasts until File a verified petition for voluntary
1. Dissolution of the marriage – death or dissolution of the ACP or the CPG
annulment and for the separation of their
2. Dissolution of the partnership[ - legal common properties
separation / JSP
Separation in = NOT AFFECT the regime
Fact b/n
husband & wife >except:
1. Spouse who = shall NOT HAVE the right to be SUPPORTED
a. LEAVES the conjugal home
b. /REFUSES to live therein without just cause

2. Consent of one spouse to any transaction is Judicial authorization shall be obtained -> in a
required by law summary proceeding
(instead of marital consent)

3. In absence of SUFFICIENT Community Property Separate property of both spouses

- Shall be solidarily liable for the support of
the family

*spouse present
 shall be given judicial authority to A or encumber
- any specific separate property of the other spouse
 shall USE the fruits/proceeds
 to satisfy the other’s share

Abandonment =Aggrieved spouse may petition the court for

without just 1. receivership
cause 2. JSP
/Failure to 3. /authority to be the sole administrator
comply with
his/her  Abandonment:
obligations to - Spouse left conjugal dwelling
the family  Without any INTENTION of returning
 For a period or 3 months
 /has failed within same period
 To give any info
 As to his/her whereabouts
Shall be prima facie presumed to have no intention of returning to the conjugal dwelling
LIQUIDATION Upon dissolution, the ff procedure shall apply: Upon dissolution, the ff procedure shall apply:
1. Inventory 1. Inventory - spouses may jointly file a
- Separate listing of - Separate listing of verified petition within the
a. AC and c. CP properties and court for voluntary dissolution
b. Exc. Properties of each spouse d. Exc. Properties of each spouse of the ACP or the CPG and for
2. Debts & obligations 2. Amounts paid in advance of debts & the separation of their
- Paid out of its assets obligations common properties
- In absence, separate properties (solidarily) - Credited to the CP as an asset
3. Remains of Exclusive Properties 3. Debts & obligations - all creditors of the ACP and
- Shall be delivered to each of them - Paid out of its assets CPG as well as the personal
4. Net remainder of the properties - In absence, separate properties (solidarily) creditors of the spouse shall
- Shall constitute its NET ASSETS 4. Remains of Exclusive Properties be listed in the petition and
- Divided equally b/n husband & wife - Shall be delivered to each of them notified of the filing thereof
>unless: 5. Loss or deterioration of movables
 Different proportion or division was agreed upon - Shall be paid to affected spouse from the - the court shall take measures
 Voluntary waiver of share conjugal funds to protect the creditors and
- PROFITS: the increase in value b/n market value of 7. Net remainder of the properties other persons with pecuniary
the CP @ the time of the celebration & @ the time of - Shall constitute its NET ASSETS interest
dissolution - Divided equally b/n husband & wife
5. Presumptive legitimes >unless: - the separation of property
- Shall be delivered upon partition  Different proportion or division was shall not prejudice the rights
- In accordance with Art. 51 agreed upon previously acquired by the
6. Conjugal dwelling  Voluntary waiver of share creditors
- & the lot on which it is situated 6. Presumptive legitimes
 Shall be adjudicated on whatever is agreed upon - Shall be delivered upon partition - upon decree, the ACP or CPG
in the marriage settlement - In accordance with Art. 51 shall be liquidated in
 (in absence) Shall be adjudicated to the spouse 7. Conjugal dwelling conformity with this Code
 With whom the MAJORITY of the children - & the lot on which it is situated
remain  Shall be adjudicated on whatever is - during the pendency of the
 Children BELOW the age of 7 YEARS – are agreed upon in the marriage settlement proceedings for separation of
deemed to have chosen the mother (ART.  (in absence) Shall be adjudicated to the property, the ACP or CPG
102) spouse shall pay for the support of the
 >unless the court has decided otherwise  With whom the MAJORITY of the spouses and their children.
 No majority -> court shall decide children remain
 Taking in consideration the best interests  Children BELOW the age of 7
of the children YEARS – are deemed to have
chosen the mother (ART. 102)
 >unless the court has decided
otherwise
 No majority -> court shall decide
Taking in consideration the best interests of the
children
 Property Regime of Unions Without Marriage (Article 147) Property Regime of Unions Without Marriage (Article 148)

APPLICABILITY

1. No legal impediment to marry; Presence of legal impediment:

2. Void marriage on the ground of psychological incapacity 1. Adulterous relationships
2. Bigamous/Polygamous marriages
3. Incestuous void marriages under Art. 37 (FC)
4. Void marriages by reason of public policy (Art 38)

SALARIES AND WAGES

Owned in equal shares Separately owned by the parties. If any is married, his/her salary pertains to the CPG of the
legitimate marriage.

PROPERTY EXCLUSIVELY ACQUIRED

Belongs to party upon proof of acquisition through exclusive funds Belongs to such party

PROPERTY ACQUIRED BY BOTH THROUGH THEIR WORK OR INDUSTRY

Property acquired while living together presumed obtained by their joint efforts, work or No presumption of joint acquisition. Actual joint contribution of money, property or industry
industry and owned by them in equal shares. If one party did not participate in acquisition: shall be owned by them in common proportion. However, their contributions are presumed
presumed to have contributed through care and maintenance of family and household. equal, in the absence of proof to the contrary.

FORFEITURE

When one one is in GF, share party in BF in the co-ownership be forfeited in favor of:
1. Their common children
2. Innocent party
In default of/ waiver by any/ all common children, or by their descendants
If one of the parties is validly married to another, his/her share in the co-ownership shall accru
to the ACP or CPG existing in the marriage. If the party who acted in BF is not validly married
to another or if both parties are in BF, such share be forfeited in manner provided in last
paragraph of Article 147.

PROOF OF ACTUAL CONTRIBUTION

Not necessary Necessary

PROPERTY REGIMES