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Arts. 88 104 FC
Arts. 88 104 FC
TITLE IV
PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
CHAPTER 3
SYSTEM OF ABSOLUTE COMMUNITY
Section 1. General Provisions
(Arts. 88-90)
When the Regime Will Govern the Spouses Property Relationship. – The
absolute community will govern the property relations of the spouses in the following
instances:
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Waiver Before the Marriage. – There is no question that the waiver may
be done appropriately BEFORE the marriage in the marriage settlement. If done
DURING the subsistence of the marriage, the waiver if VOID.
If the waiver is executed after the dissolution of the marriage caused for
instance by death of one spouse or annulment.
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Section 2.
What Constitutes Community Property
(Arts. 91-93)
All properties owned by the spouses at the time of the celebration of the
marriage;
All properties acquired after the celebration of the marriage.
If the properties are titled properties, the titles should be registered in the
names of both spouses through the registration of their marriage settlement with the
proper registry of property. Otherwise, third persons acting in good faith relying on the
titles in the name of only one of the spouses shall not be prejudiced.
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used by either spouse shall form part of the community property because they are
generally of great value.
“Legitimate Descendants”. – It must be noted that the law uses the word
“descendants,” not merely children. Hence, it would include grandchildren, great-
grandchildren and all other descendants. Likewise, the descendants must be
legitimate. The rule will not apply if the descendants are illegitimate.
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his book, who has a different view on the matter. I defer more to the view espoused
by Senator Tolentino.)
Example. – During the marriage, the wife inherited a BMW car worth
P6,000,000.00 from her father. This car, as well as the income and fruits
thereof, is exclusive property of the wife and does not form part of the
spouses’ community property (Art. 92[1]). If the wife is able to trade in
the BMW car with a Mercedez Benz car, the Mercedez Benz car will still
be considered her separate property.
Section 3.
Charges and Obligations of the
Absolute Community
(Arts. 94-95)
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Support shall be given to the spouses even if they are not living together,
except when one spouse leaves the other without valid reason, in which case the
former is not entitled to support (Art. 101[1]).
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Carlos vs. Abelardo, G.R. No. 146504, April 9, 2002, 380 SCRA 361.
Ante-Nuptial Debts of Either Spouse Benefiting the Family (Art.
94[7]). –
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Expenses of Litigation. –
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Provided that the suit is between the husband and wife, and that the
case is not groundless, the absolute community of property may be liable for the
expenses of litigation.
This solidary liability shall not, however, include ante-nuptial debts not
redounding to the benefit of the family, the support of illegitimate children by either
spouse, and liabilities incurred by the spouse by reason of a crime or a quasi-delict
(Article 94, paragraph 9).
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by the loser and shall not be charged to the community, but any
winnings therefrom shall form part of the community property.
(164a)
If, however, the winning ticket in a lottery or in the sweepstakes was given to
a spouse by a friend, it is believed that the ticket would be considered a donation
under Article 92 (1), and the winnings therefrom shall be considered separate property,
unless the donor of the ticket expressly provided that it shall form part of the
community property.
Section 4.
Ownership, Administration, Enjoyment and
Disposition of the Community Property
(Arts. 96-98)
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STUDY GUIDE (Arts. 88-104, Family Code)
For this purpose, she is given a period of five (5) years within which to
assail her husband’s decision on their disagreement, reckoned from the date of the
questionable transaction entered into by the husband.
Third persons who deal with the husband cannot complain if the contract
is set aside by the court, for by dealing with the husband without the consent of the
wife, they are forewarned that the wife is given by law the right to question the
transaction in court.
The failure of the wife to go to court within the prescriptive period will
mean her conformity to the husband’s decision.
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When there is an agreement between the spouses that only one of them shall
administer the community property; and
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If one spouse acts without the written consent of the other, or without court
authority, the disposition or encumbrance shall be void.
Homeowners Savings & Loan Bank vs. Dailo, G.R. No. 153802, March
11, 2005, 453 SCRA 283.
Even if the disposition or encumbrance is void (as it was done without the
consent of the other), it shall, however, be construed as a continuing offer on the part
of the consenting spouse and the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse (whose consent was not sought) or
authorization by the court BEFORE the offer is withdrawn by either or both offerors.
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testator spouse, at which time the community property is already terminated and
subject to liquidation.
EXCEPTION. – The law, however, allows either spouse, even without the
consent of the other spouse:
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Section 5.
Dissolution of Absolute Community Regime
(Arts. 99-101)
Death of Either Spouse (Art. 103). – Upon the death of either spouse the
absolute community ceases to exist. The community shall then be liquidated in the
proceeding for the settlement of the estate of the deceased. The surviving spouse
must liquidate the community property within one year from death of the deceased.
After the lapse of one year without any liquidation having been made, any disposition
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(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be
supported;
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CASE: Villanueva vs. CA and Retuya, G.R. No. 143286, April 14,
2004, 427 SCRA 439. – The cohabitation of a spouse with another person, even for
a long period, does not sever the tie of a subsisting previous marriage. Hence, all
property acquired from the date of their marriage until the death of the wife are still
presumed community (conjugal) and cannot form part of any co-ownership with the
paramour.
Deserter loses the right to be supported. – The spouse who leaves the
conjugal home without just cause is not entitled to support. However, the deserting
spouse’s obligation to support the other spouse and the children is not extinguished.
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The spouse has left the conjugal dwelling for a period of no less than
three (3) months; OR
The spouse has failed within the same period of three (3) months to give
any information as to his or her whereabouts.
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If the abandonment without just cause is for more than one year, another
remedy is the filing of a legal separation case under Article 55 (10).
Section 6.
Liquidation of the Absolute Community
Assets and Liabilities
(Arts. 102-104)
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Partition of net assets. – The net assets of the absolute community shall
be divided equally between the spouses, without prejudice to a contrary agreement in
the marriage settlements, or to a voluntary waiver of such share.
CASE: Abalos vs. Macatangay, G.R. No. 155043, September 30, 2004,
SCRA. – The right of the husband or wife to one-half of the conjugal assets does not
vest until the dissolution and liquidation of the conjugal partnership, or after dissolution
of the marriage, when it is finally determined that, after settlement of conjugal
obligations, there are net assets left which can be divided between the spouses or
their respective heirs.
Adjudication of conjugal dwelling and lot. – The conjugal dwelling and lot
shall be adjudicated as follows:
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The net profits constitute the “increase in value between the market value of
the community property at the time of the celebration of the marriage and the market
value at the time of dissolution.
It must be understood that debts and obligations must have been paid
first and that there is still a remainder before any net profits could be considered.
RULE OF FORFEITURE. –
Articles 43 (2) and 63 (2) refer to forfeiture of shares in the net profits, and
not of the capital of either spouse.
Articles 147 and 148 (unions without marriage) mention also of forfeitures
when a partner acted in bad faith. What is to be forfeited, however, is not net profits
because there is no conjugal partnership or community property in such unions. What
is forfeitable is the share of the errant partner in the co-ownership.
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The community property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased.
If the surviving spouse does not institute a judicial settlement of the estate of
the deceased spouse, the law requires the surviving spouse to liquidate (either
judicially or extra-judicially) the community property within ONE (1) YEAR from the
death of the deceased.
If there are no debts to be paid, liquidation may be by extra-judicial
settlement under Rule 74 of the Revised Rules of Court, or by an
ordinary action for partition.
If there are debts to be paid, the surviving spouse has no choice but to
file a proceeding for the settlement of the estate of the deceased spouse,
and the community property will be liquidated in the same proceeding.
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This is expressly made mandatory. The reason for this is to protect the
children of the first marriage considering that their shares in the estate of
their deceased parent have not yet been adjudicated to them (there
being no settlement), and these shares might be mixed up with the
property of the second marriage if the rule of complete separation of
property is not provided.
A spouse who contracted two or more marriges before the effectivity of the
Code (August 3, 1988) might have lived these marriages without liquidation of the
community properties.
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P 500,000.00
Community with C: x P1,000,000.00 = P200,000.00
P2,500,000.00
P200,000.00
Community with B: x P1,000,000.00 = P666,666.67
P300,000.00
P100,000.00
Community with C: x P1,000,000.00 = P333,333.33
P300,000.00
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apply to the property relations of the spouses in the subsequent marriage. Hence,
there is segregation of property from the start.
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