Professional Documents
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Persons As of 12222017
Persons As of 12222017
Requisites:
I. Effectivity of ACP:
1) Contract that must be in writing
• Spouses failed to execute Marriage
2) Signed by the parties to a marriage
Settlement
3) Executed before the celebration of
• Marriage settlement is VOID
marriage
• Precise moment the marriage is
4) The object is their property relations
celebrated
• Not later than the marriage celebration
Who are the parties?
1) Future husband and wife. II. Nature of Interest of Spouses in the
2) If parties need parental consent, parent Community Property:
or guardian must be made a party. • Prior to liquidation of CP, Interest of
3) If parties under civil interdiction or each spouse in the conjugal assets are:
other disability, guardian appointed by 1) Inchoate, a mere expectancy;
the court must be made a party. 2) Does not constitute a legal nor
an equitable estate;
3) Does not ripen into title.
PROPERTY REGIMES • Rights of husband or wife to ½ of
conjugal assets does not vest until:
Property regimes named in the Family Code: 1) Dissolution and liquidation of
1) Absolute community of property (ACP) CP; or
2) Conjugal partnership of gains (CPG) 2) Dissolution of marriage
3) Complete separation of property (CSP) • Limited to the net remainder, resulting
4) Any other regimes (combination of 2 or all) from liquidation of CP after its
dissolution
Favored Property Regime: • Net Assets = Community Property –
In the absence of marriage settlement or when Conjugal Obligations
the property regime provided therein is void: • Net Assets divided equally between
FC: Absolute Community Property (ACP) spouses or respective heirs.
NCC: Relative Community Property or
Conjugal Property of Gains (CPG)
III. Abalos vs Macatangay, GR No. 155043 cannot affect the transaction between
Esther and Respondent.
Facts: On the other hand, the CA considered the
Petitioner, Arturo R. Abalos, and his wife, RMOA executed by Arturo valid to effect
Esther, are the registered owners of a the sale of his conjugal share in the
parcel of land with improvements. property.
Armed with a Special Power of Attorney
(SPA) purportedly issued by his wife, Issue:
Petitioner executed a Receipt and Whether or not the sale of the property is
Memorandum of Agreement (RMOA), in valid.
favor of Respondent, Dr. Galicano S.
Macatangay, Jr., binding himself to sell to Ruling:
respondent the subject property and not to No, the sale of the property is not valid.
offer the same to any other party within
thirty (30) days from date. In San Juan Structural and Steel Fabricators,
Respondent gave an earnest money Inc. v. Court of Appeals, the Court ruled that neither
amounting to P5,000.00 to be deducted spouse could alienate in favor of another, his or
from the purchase price of P1,300,000.00 her interest in the partnership or in any property
in favor of the spouses. belonging to it, or ask for partition of the
Apparently however, Esther and Arturo properties before the partnership itself had been
were having a rocky relationship. legally dissolved.
Esther executed a SPA in favor of her sister
and that she is selling her share in the In this case, even on the supposition that
conjugal property to Respondent. the parties only disposed of their respective
Respondent informed the couple that he shares in the property, the sale, assuming that it
has prepared a check to cover the exists, is still void for as previously stated, the right
remainder of the amount that needs to be of the husband or the wife to one-half of the
paid for the land but the spouses failed to conjugal assets does not vest until the liquidation
deliver the land. of the conjugal partnership.
RTC Ruling:
Dismissed the complaint because the SPA
could not have authorized Arturo to sell the
property to Respondent as it was falsified.
CA Ruling:
Reversed the decision, ruling that the SPA
in favor of Arturo, assuming it was void,
Article 89. No waiver of rights, shares and SECTION 2: WHAT CONSTITUTES COMMUNITY
effects of the absolute community of property PROPERTY?
during the marriage can be made except in case
of judicial separation of property.
Article 91. Unless otherwise provided in this
When the waiver takes place upon a Chapter or in the marriage settlements, the
judicial separation of property, or after the community property shall consist of all the
marriage has been dissolved or annulled, the property owned by the spouses at the time of
same shall appear in a public instrument and the celebration of the marriage or acquired
shall be recorded as provided in Article 77. The thereafter.
creditors of the spouse who made such waiver
may petition the court to rescind the waiver to I. Community Property
the extent of the amount sufficient to cover In the absence of marriage settlements,
the amount of their credits. community property, generally, consists:
• All property owned by the spouses at
I. Waiver of Rights: the time of the celebration of marriage;
GR: Void and
XPN: Exceptions • Acquired after the celebration of
– Judicial Separation of Property, or marriage
– Legal Separation
II. Formal Requisites of Waiver: Article 92. The following shall be excluded from
• Must appear in a public instrument the community property:
• Must be recorded in:
– The local civil registry; and (1) Property acquired during the marriage by
– The registry of property gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is
III. Protection to Creditors: expressly provided by the donor, testator or
• Waiver should not prejudice the grantor that they shall form part of the
creditors community property;
• Waiver can be rescinded by creditors
sufficient to cover the amount of (2) Property for personal and exclusive use of
credits. either spouse. However, jewelry shall form part
of the community property;
Article 90. The provisions on co-ownership (3) Property acquired before the marriage by
shall apply to the absolute community of either spouse who has legitimate descendants
property between the spouses in all matters by a former marriage, and the fruits as well as
not provided for in this Chapter. the income, if any, of such property.
I. Law on Co-ownership:
• Law on Co-Ownership is applied to ACP
• Art. 484-501, New Civil Code
GR: Community property shall consist of all (4) All taxes, liens, charges and expenses,
property owned by spouses at the time of including major or minor repairs, upon the
celebration of the marriage or acquired thereafter. community property;
XPN: Art. 92 of FC (5) All taxes and expenses for mere preservation
XPN to the XPN: made during marriage upon the separate
1. The donor, testator, or grantor expressly property of either spouse used by the family;
provides otherwise. (6) Expenses to enable either spouse to
2. Jewelry forms part of ACP. commence or complete a professional or
vocational course, or other activity for self-
improvement;
(7) Antenuptial debts of either spouse insofar as
Article 93. Property acquired during the
they have redounded to the benefit of the
marriage is presumed to belong to the
family;
community, unless it is proved that it is one of
(8) The value of what is donated or promised by
those excluded therefrom.
both spouses in favor of their common
legitimate children for the exclusive purpose of
I. Presumption: commencing or completing a professional or
Property acquired during the vocational course or other activity for self-
marriage is presumed to belong to the improvement;
community, except those excluded (9) Antenuptial debts of either spouse other
therefrom. than those falling under paragraph (7) of this
Article, the support of illegitimate children of
either spouse, and liabilities incurred by either
SECTION 3: CHARGES UPON AND OBLIGATIONS spouse by reason of a crime or a quasi-delict, in
OF THE ABSOLUTE COMMUNITY case of absence or insufficiency of the exclusive
property of the debtor-spouse, the payment of
which shall be considered as advances to be
Article 94. The absolute community of property
deducted from the share of the debtor-spouse
shall be liable for:
upon liquidation of the community; and
(10) Expenses of litigation between the spouses
(1) The support of the spouses, their common unless the suit is found to be groundless.
children, and legitimate children of either
spouse; however, the support of illegitimate If the community property is insufficient
children shall be governed by the provisions of to cover the foregoing liabilities, except those
this Code on Support;
falling under paragraph (9), the spouses shall be
(2) All debts and obligations contracted during solidarily liable for the unpaid balance with their
the marriage by the designated administrator- separate properties.
spouse for the benefit of the community, or by
both spouses, or by one spouse with the consent
of the other; I. Charges Upon the ACP
(3) Debts and obligations contracted by either The absolute community property shall be
spouse without the consent of the other to the liable for:
extent that the family may have been benefited; 1) Support of the spouses and children:
2)
Support from Spouses
• Even if not living together except 9) Donations by Both Spouses to Common
when a spouse leaves conjugal Legitimate Children;
home without just cause Purpose: professional, vocational courses
• Even during pendency of action for or activities for self-improvement
legal separation or annulment of
marriage 10) Ante-Nuptial Debts not under (7), Support
Common Children of Illegitimate Children, Liabilities of Either
• Legitimate children of previous Spouse Arising from Crime or Quasi-Delict;
marriage Only the debtor-spouse has no exclusive
• Illegitimate children - follow the property or his or her property is
provisions on Support and (9) insufficient.
The payments by the ACP are deemed
3) Debts and Obligations Contracted During advances to be deducted from the share of
Marriage; the guilty spouse upon the liquidation of
Either by both spouses or one of them, the absolute community.
with the consent of the other.
In (2) and (3), creditors need not prove that 11) Expenses of Litigation between Spouses
the debts benefited the family.
Article 112. The alienation of any exclusive Proof of acquisition during marriage is a
property of a spouse administered by the other condition sine qua non
automatically terminates the administration Proof is not required that the property was
over such property and the proceeds of the acquired with funds of the partnership.
alienation shall be turned over to the owner-
spouse. The presumption applies even when the
manner in which the property is acquired
does not appear.
Article 113. Property donated or left by will to the
II. Acquisition vs. Registration
spouses, jointly and with designation of
Jocson vs. CA 170 SCRA 333
determinate shares, shall pertain to the donee-
- “Acquisition of title and registration
spouses as his or her own exclusive property, and
thereof are two different acts. It is well
in the absence of designation, share and share
settled that registration does not
alike, without prejudice to the right of accretion
when proper. confer title but merely confirms one
already existing.”
- The property could have been
Article 114. If the donations are onerous, the acquired by the spouse while still
amount of the charges shall be borne by the single, but was only registered after
exclusive property of the donee spouse, marriage
whenever they have been advanced by the
conjugal partnership of gains.
Article 117. The following are conjugal
Article 115. Retirement benefits, pensions, partnership properties:
annuities, gratuities, usufructs and similar (1) Those acquired by onerous title during the
benefits shall be governed by the rules on marriage at the expense of the common fund,
gratuitous or onerous acquisitions as may be whether the acquisition be for the partnership,
proper in each case. or for only one of the spouses;
(2) Those obtained from the labor, industry, • The nuts of coconut trees are
work or profession of either or both of the natural or industrial fruits
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 Hidden treasure – Art. 438 of NCC
exclusive property of each spouse; - HT belongs to the owner of the
(4) The share of either spouse in the hidden property on which it is found
treasure which the law awards to the finder or - HT found on another property, half
owner of the property where the treasure is for the owner, half for the finder
found; - HT is of interest to science or the
(5) Those acquired through occupation such as arts, State may acquire them at
fishing or hunting; their just price
(6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind Occupation
brought to the marriage by either spouse; and - fishing or hunting
(7) Those which are acquired by chance, such as
winnings from gambling or betting. However, Livestock
losses therefrom shall be borne exclusively by - but only those in excess of the of
the loser-spouse. the number of each kind brought
to the marriage by either spouse
I. TAKE NOTE:
Article 121. The conjugal partnership shall be – Spouses as third person who
liable for: may execute sale.
– Debt that does not redound to
(1) The support of the spouse, their common benefit of family.
children, and the legitimate children of either
spouse; however, the support of illegitimate
children shall be governed by the provisions of
this Code on Support; Article 122. The payment of personal debts
(2) All debts and obligations contracted during contracted by the husband or the wife before or
the marriage by the designated administrator- during the marriage shall not be charged to the
spouse for the benefit of the conjugal conjugal properties partnership except insofar as
partnership of gains, or by both spouses or by they redounded to the benefit of the family.
one of them with the consent of the other;
(3) Debts and obligations contracted by either Neither shall the fines and pecuniary
spouse without the consent of the other to the indemnities imposed upon them be charged to
extent that the family may have benefited; the partnership.
(4) All taxes, liens, charges, and expenses,
including major or minor repairs upon the However, the payment of personal debts
conjugal partnership property; contracted by either spouse before the marriage,
(5) All taxes and expenses for mere preservation that of fines and indemnities imposed upon
made during the marriage upon the separate them, as well as the support of illegitimate
property of either spouse; children of either spouse, may be enforced
(6) Expenses to enable either spouse to against the partnership assets after the
commence or complete a professional, responsibilities enumerated in the preceding
vocational, or other activity for self- Article have been covered, if the spouse who is
improvement; bound should have no exclusive property or if it
(7) Antenuptial debts of either spouse insofar as should be insufficient; but at the time of the
they have redounded to the benefit of the family; liquidation of the partnership, such spouse shall
(8) The value of what is donated or promised by be charged for what has been paid for the
both spouses in favor of their common purpose above-mentioned.
legitimate children for the exclusive purpose of
commencing or completing a professional or
I. Rules concerning personal debts the other spouse may assume sole powers of
contracted during marriage: administration. These powers do not include
1. It shall not be charged to the conjugal disposition or encumbrance without authority of
partnership EXCEPT insofar as they the court or the written consent of the other
redounded to the benefit of the spouse. In the absence of such authority or
family. consent, the disposition or encumbrance shall be
2. If the spouse has no exclusive void. However, the transaction shall be
property it may be charged to the construed as a continuing offer on the part of the
charged to the conjugal partnership consenting spouse and the third person, and may
subject to the provision. be perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
Article 123. Whatever may be lost during the either or both offerors.
marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling I. Administration of Conjugal
whether permitted or prohibited by law, shall be Partnership Property
borne by the loser and shall not be charged to the • Shall belong to both spouse only
conjugal partnership but any winnings • In case of disagreement, the husbands
therefrom shall form part of the conjugal decision shall prevail
partnership property. • Subject to recourse to the court by the
wife for a proper remedy
• Gambling losses shall be borne by the • In case if he spouse is incapacitated,
losing spouse’ separate property, the other spouse may assume the sole
• winnings shall accrue to the community power of administration
property. • Sale by the spouse of the conjugal
property without the consent of the
other is VOID
SECTION 5: ADMINISTRATION OF THE • Sale of the conjugal property by the
CONJUGAL PARTNERSHIP PROPERTY husband without the consent of the
wife before the affectivity of the
family code is merely VOIDABLE.
Article 124. The administration and enjoyment of
the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to Article 125. Neither spouse may donate any
recourse to the court by the wife for proper conjugal partnership property without the
remedy, which must be availed of within five consent of the other. However, either spouse
years from the date of the contract may, without the consent of the other, make
implementing such decision. moderate donations from the conjugal
partnership property for charity or on occasions
In the event that one spouse is of family rejoicing or family distress.
incapacitated or otherwise unable to participate
in the administration of the conjugal properties,
GR: Neither spouse may donate any and use the fruits or proceeds thereof to satisfy
conjugal partnership property without the latter’s share.
the consent of the other
XPN: Other spouse may donate
moderate donations even without the I. Separation in Fact:
consent of the other, for charity or on GR: Not affect the regime.
occasions family rejoicing or distress. XPNS:
• No support for spouse who left the
conjugal home or refuses to live
SECTION 6: DISSOLUTION OF CONJUGAL therein without just cause.
PARTNERHIP REGIME • Judicial authorization may be
obtained by one spouse if
consent of the other is needed
Article 126. The conjugal partnership terminates: for any transaction.
• On separate property of both
(1) Upon the death of either spouse; spouses when conjugal
property is not sufficient.
(2) When there is a decree of legal separation;
(1) The spouse who leaves the conjugal home or The obligations to the family mentioned
refuses to live therein, without just cause, shall in the preceding paragraph refer to marital,
not have the right to be supported; parental or property relations.
(2) When the consent of one spouse to any
transaction of the other is required by law, A spouse is deemed to have abandoned
judicial authorization shall be obtained in a the other when he or she has left the conjugal
summary proceeding; dwelling without intention of returning. The
(3) In the absence of sufficient conjugal spouse who has left the conjugal dwelling for a
partnership property, the separate property of period of three months or has failed within the
both spouses shall be solidarily liable for the same period to give any information as to his or
support of the family. The spouse present shall, her whereabouts shall be prima facie presumed
upon petition in a summary proceeding, be given to have no intention of returning to the conjugal
judicial authority to administer or encumber any dwelling.
specific separate property of the other spouse
I. Remedies of Aggrieved Spouse in case (6) Unless the owner had been indemnified from
of Abandonment: whatever source, the loss or deterioration of
(a) Receivership – a remedy movables used for the benefit of the family,
availed of by one who has interest in a belonging to either spouse, even due to
property or fund which is in danger of fortuitous event, shall be paid to said spouse
being lost, removed, or materially injured from the conjugal funds, if any.
whereby the court appoints a person, (7) The net remainder of the conjugal
called a receiver, “ to take and keep partnership properties shall constitute the
possession of the property. profits, which shall be divided equally between
(b) Separation of property husband and wife, unless a different proportion
(c) Sole administration of the or division was agreed upon in the marriage
community property settlements or unless there has been a voluntary
waiver or forfeiture of such share as provided in
this Code.
SECTION 6: LIQUIDATION OF THE CONJUGAL (8) The presumptive legitimes of the common
PARTNERSHIP ASSETS AND LIABILITIES children shall be delivered upon the partition in
accordance with Article 51.
Article 129. Upon the dissolution of the conjugal (9) In the partition of the properties, the
partnership regime, the following procedure conjugal dwelling and the lot on which it is
shall apply: situated shall, unless otherwise agreed upon by
(1) An inventory shall be prepared, listing the parties, be adjudicated to the spouse with
separately all the properties of the conjugal whom the majority of the common children
partnership and the exclusive properties of each choose to remain. Children below the age of
spouse. seven years are deemed to have chosen the
(2) Amounts advanced by the conjugal mother, unless the court has decided otherwise.
partnership in payment of personal debts and In case there is no such majority, the court shall
obligations of either spouse shall be credited to decide, taking into consideration the best
the conjugal partnership as an asset thereof. interests of said children.
(3) Each spouse shall be reimbursed for the use
of his or her exclusive funds in the acquisition of I. Liquidation of CPG:
property or for the value of his or her exclusive 1. Inventory of all the properties;
property, the ownership of which has been 2. Restitution of advances made to each
vested by law in the conjugal partnership. of the spouses;
(4) The debts and obligations of the conjugal 3. Reimbursement for use of exclusive
partnership shall be paid out of the conjugal funds;
assets. In case of insufficiency of said assets, the 4. Debts and obligations of the CP are
spouses shall be solidarily liable for the unpaid paid;
balance with their separate properties, in 5. Delivery of exclusive properties;
accordance with the provisions of paragraph (2) 6. Payment of losses and deterioration of
of Article 121. movables belonging to each of the
(5) Whatever remains of the exclusive properties spouses;
of the spouses shall thereafter be delivered to 7. Division of the net conjugal
each of them. partnership;
8. Delivery of the children’s presumptive to the rules of evidence. In case of doubt as to
legitimes; which partnership the existing properties
9. Adjudication of conjugal dwelling and belong, the same shall be divided between the
custody of children. different partnerships in proportion to the
capital and duration of each.
Article 137. Once the separation of property has Article 138. After dissolution of the absolute
been decreed, the absolute community or the community or of the conjugal partnership, the
conjugal partnership of gains shall be liquidated provisions on complete separation of property
in conformity with this Code. shall apply.
Question:
In case both spouses Judicially Declared
absent and both sentenced to penalty with civil
interdiction, who should have authorized to
manage the exclusive property of the both
spouses?
Answer:
In case both spouses were judicially declared
absent and sentenced to penalty of civil
interdiction the court may appoint one of their