Notes For System of Absolute Community

Title IV: Property Relations Between and Wife
Chapter 3: System of Absolute Community

Preliminaries

ARTICLE 75. The future spouses may, in the marriage settlements, agree upon the
regime of absolute community, conjugal partnership of gains, complete separation
of property, or any other regime. In the absence of a marriage settlement, or when
the regime agreed upon is void, the system of absolute community of property as
established in this Code shall govern.

I. General Provisions

When does absolute community commence?

ARTICLE 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 shall be void.

System of Absolute Community as a Special Co-Ownership

ARTICLE 89. No waiver of rights, shares and effects of the absolute community of
property during the marriage can be made except in case of judicial separation of
property.

When the waiver takes place upon a judicial separation of property, or after the
marriage has been dissolved or annulled, the same shall appear in a public
instrument and shall be recorded as provided in Article 77. The creditors of the
spouse who made such waiver may petition the court to rescind the waiver to the
extent of the amount sufficient to cover the amount of their credits. (146a)

A report by Rosalie O. Abatayo 1L-M5

University of Cebu School of Law
ARTICLE 90. 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.

Notes:

● Waiver:
○ Article 6 of the Civil Code provides: “Rights may be waived,
unless the waiver is contrary to law, public policy, morals or
good customs or prejudicial to a third person with a right
recognized by law.” Therefore:

■ A waiver of rights during the marriage is not valid for
being contrary to law and public policy in the light of the
prohibition in Article 89 of The Family Code.

■ Article 89 (2) tackles the remedy for third persons
(creditors) whose rights may be prejudiced by the waiver
of one spouse to the rights in the absolute community.
For the benefit of this third person, the Court, upon
petition, may rescind the waiver to the extent of the
amount sufficient to cover the amount of their credits.

● The system of absolute community is a special type of co-ownership
hence, for matters not provided in Title IV, Chapter 3 of The Family
Code, the provisions on co-ownership shall apply.

○ There is co-ownership whenever the ownership of an undivided
thing or right belongs to different persons. (Art. 484, NCC)

○ Co-ownership is defined as "the right of common dominion
which two or more persons have in a spiritual part of a thing,
not materially or physically divided.” (Sanchez v. CA, G.R. No.
152766)


■ Example of applicable Co-ownership provisions:
● Art. 487. Any one of the co-owners may bring an
action in ejectment.
● Art. 487 now allows a Co-Owner to bring an action
for ejectment which covers all kinds of actions for
the recovery of possession, including forcible entry
and unlawful detainer, without the necessity of all
other co-owners to join as co-plaintiffs because
this action is deemed to be instituted for the
benefit of all co-owners. (Paras, 2008)

II. What constitutes community property?

ARTICLE 91. Unless otherwise provided in this Chapter or in the marriage
settlements, the community property shall consist of all the property owned by the
spouses at the time of the celebration of the marriage or acquired thereafter.

What are excluded in the absolute community?

ARTICLE 92. 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.

ARTICLE 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.


Notes:
● General Rule: All properties of both spouses acquired before the
celebration of marriage and during its subsistence belong to the
community of property.
○ RATIONALE: The underlying intent of the absolute community
of property is to make the husband and wife one in all aspects.
The intent of the Family Code to foster the essential unity of
husband and wife and to make the family a unified and strong
nuclear unit which is the foundation of the society overrides all
other consequences arising from property relations.

○ EXHAUSTED LIST OF EXCEPTIONS: There are four excluded
properties from the absolute community, to wit:

■ Those provided in marriage settlements;
● This is in accordance with Article 1 of the Family
Code which provides x x x x marriage settlements
may fix the property relations during the marriage
within the limits provided by this Code. x x x x

■ Gratuitous title;
● Requisite it must be a valid gratuitous acquisition.
● Proviso: u nless it is expressly provided by the
donor, testator or grantor that they shall form
part of the community property originally refers
to the fruits and income from the property
acquired via gratuity but further deliberations of
the Civil Code and Family Code Committee
resulted in extending this qualification to the
property itself, specifically those obtained thru
valid gratuitous acquisition [Article 92 (1)].

■ Personal and exclusive use; and
● PIECES OF JEWELRY with SUBSTANTIAL VALUE
BELONGS TO THE ABSOLUTE COMMUNITY.

● The exception of jewelry to the exclusion of
properties belonging to the absolute community
highlights the fact that the “property for personal
and exclusive use” referred to must be interpreted
in terms of value.
○ Example: a car that is personally and
exclusively used by either spouse belongs to
the absolute community regardless of the
personal and exclusive use of the property
exercised by the spouse. (Except if this
property has been stipulated as exclusive in
the marriage settlement.)

■ Property from previous marriage.
● Qualify: Property acquired from the previous
marriage by a spouse who has LEGITIMATE
descendants (not limited to children alone) from
that marriage.
● This exclusion is for previous marriages that were
judicially declared null and void or annulled and
previous marriages that were terminated by death
provided that liquidation of the property regime of
such marriage was made. If the property regime of
the previous was not liquidated, apply Art. 103.
○ Revisit Article 50, 52 and 53.
ARTICLE 50. x x x x

The final judgment in such cases (Arts. 40
and 45) shall provide for the liquidation,
partition and distribution of the properties
of the spouses, the custody and support of
the common children, and the delivery of
their presumptive legitimes, unless such
matters had been adjudicated in previous
judicial proceedings. x x x x


ARTICLE 52. The judgment of annulment or
of absolute nullity of the marriage, the
partition and distribution of the properties
of the spouses, and the delivery of the
children’s presumptive legitimes shall be
recorded in the appropriate civil registry and
registries of property; otherwise, the same
shall not affect third persons. (n)

ARTICLE 53. Either of the former spouses
may marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent marriage
shall be null and void.

○ Analysis:
■ Previous void marriage was governed
by ACP. The ACP was liquidated and
distributed. The share of the spouse
from the liquidated ACP of the
previous marriage cannot be brought
into the ACP of the second marriage
but his/her exclusive property from
the first marriage may be brought into
the ACP of the second marriage.

■ If previous void marriage was
governed by CPG and the CPG was
liquidated, the share of the spouse
from the CPG cannot form part of the
ACP of the subsequent marriage but
the properties of the spouse outside
of the CPG of the first marriage can be
brought into the ACP of the second
marriage


● Status of properties acquired using exclusive property of either
spouse:
○ Unlike under conjugal partnership regime where properties
bought using the exclusive property is likewise excluded from
the regime, the property bought using an excluded property
belongs to the absolute community.

● NOTE: IN ACP, PROPERTIES ACQUIRED DURING THE MARRIAGE IS
PRESUMED TO BE PART OF THE COMMUNITY OF PROPERTY,
UNLESS IT IS PROVED THAT SUCH PROPERTY QUALIFIES TO
BELONG IN THE EXCLUSIONS.

III. Charges upon and obligations of the absolute community

ARTICLE 94. The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and legitimate
children of either spouse; however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;

(2) All debts and obligations contracted during the marriage by the
designated administrator-spouse for the benefit of the community, or by both
spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of
the other to the extent that the family may have been benefited;

(4) All taxes, liens, charges and expenses, including major or minor repairs,
upon the community property;

(5) All taxes and expenses for mere preservation made during marriage upon
the separate property of either spouse used by the family;

(6) Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-improvement;


(7) Antenuptial debts of either spouse insofar as they have redounded to the
benefit of the family;

(8) The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for self
improvement;
(9) Antenuptial debts of either spouse other than those falling under
paragraph (7) of this Article, the support of illegitimate children of either spouse,
and liabilities incurred by either spouse by reason of a crime or a quasi delict, in
case of absence or insufficiency of the exclusive property of the debtor-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) Expenses 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. (161a, 162a, 163a, 202a-205a)

ARTICLE 95. Whatever may be lost during the marriage in any game of chance,
betting, sweepstakes, or any other kind of gambling, whether permitted or
prohibited by law, shall be borne by the loser and shall not be charged to the
community but any winnings therefrom shall form part of the community property.

Notes:
● The following may be charged upon the ACP:
a. Support to spouses, common children, and legitimate children
of either spouse. .
■ SUPPORT IS THE MOST IMPORTANT OBLIGATION.
■ Support compromises everything indispensable for
sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the
financial capacity of the family. (Article 194).
b. Debts and obligations

■ Contracted by the administrator spouse for the benefit
of the ACP;
■ Contracted by either spouse for the benefit of the
family;
■ Contracted by both spouses; and
■ Contracted by either spouse with the consent of the
other spouse.
■ Antenuptial debts of either spouse that redounded to
benefit of the family
c. Taxes, liens , charges and repairs upon the community
property, even without the consent of the other. (Apply
co-ownership)
d. Taxes and expenses for the preservation of exclusive property
used by the family.
■ Example: Maintenance expense for the house obtained by
gratuitous acquisition, and thus, not belonging to the
community property, but is used as residence of the
family.
e. Expenses for self improvement of either spouse and donation
promised for self-improvement of common legitimate child
■ This is also covered by “support”
■ Caution: Value of donation promised by the spouses for
the education/self-improvement of a common child must
be given by BOTH SPOUSES otherwise, it may qualify as
void donation under Article 87 for being an indirect
donation to the other spouse. A donation given to a
legitimate common child with no other compulsory heir
by ONLY ONE OF HIS/HER PARENT is an indirect
donation to the spouse.
f. Support of illegitimate children, antenuptial debts that do not
fall under paragraph 7 and liabilities arising from the civil
component of crimes, quasi-delict, when the exclusive
property of the concerned spouse is absent or insufficient but
the amount is deemed as advances of the concerned spouse
from his share of the ACP upon liquidation.

■ Article 100 of the Revised Penal Code provides that every
person who is criminally liable shall also be civilly liable
for the felony committed.

■ Art. 2176 of the NCC provides that “whoever by act or
omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done.” (quasi
delict)
● ARTICLE 2180. The obligation imposed by article
2176 is demandable not only for one’s own acts or
omissions, but also for those of persons for whom
one is responsible.

The father and, in case of his death or incapacity,
the mother, are responsible for the damages
caused by the minor children who live in their
company.

Guardians are liable for damages caused by the
minors or incapacitated persons who are under
their authority and live in their company. (NCC)

g. Litigation fee, provided that
■ Suit is between the husband and wife and has grounds;
■ Suit is for the benefit of the family.
● If the community property is insufficient to satisfy its liabilities, except
for par. 9, each spouse is solidarily liable. The balance can be paid out
of the separate funds of the spouses.
● In case of insolvency of a debtor spouse, the ACP cannot be subject to
attachment except insofar as the debt redounded to the benefit of the
family. In which case, if the husband is the insolvent, the
administration of the community will be transferred to the wife or to a
third person other than the assignee in an insolvency proceeding to
prevent the debtor spouse from dissipating the properties which may
be assigned to satisfy his obligations.
● In Article 95:

a. Profits from gambling belong to the absolute community;
b. Losses from gambling shall be charged upon the exclusive
property of the loser;
■ If the profit came from a sweepstake ticket that was given
or gifted to either spouse, the profit is part of the
exclusive property by virtue of Art. 92 (1)

IV. Ownership, Administration, Enjoyment, and Disposition of the Community
Property

ARTICLE 96. The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the 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.

In the event that one spouse is incapacitated or otherwise unable to participate in
the administration of the common 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, and
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.

Notes:
1. Joint Administration and enjoyment - a manifestation of co-ownership
a. One spouse can act freely to repair or improve a property.
2. If there is a disagreement, the husband’s will prevails for the meantime
subject to recourse by the court in the instance of the wife; if the wife
proceeds with her objective, the husband can also seek relief from the court.


Act Reason Proceeding
Appointment as sole Absence, abandonment of Article 253 of TFC

administrator the other spouse,
separation in fact
Appointment as sole Comatose, 1964 Revised Rules of

administrator cerebrovascular accident, Court
etc. that render the other
spouse incompetent
Sale of property Comatose, 1964 Revised Rules of

belonging to the absolute cerebrovascular accident, Court
Community etc. that render the other
spouse incompetent N.B.: As the administrator
spouse, he/she must
perform the duties of a
guardian. (Abalos v.
Macatangay, G.R. No.
155043)
Sale of property Absence, abandonment of If the other spouse will

belonging to the absolute the other spouse, not consent, summary
Community separation in fact proceedings under
Chapter 2, Title XI

3. In case one spouse is incapacitated or otherwise unable to jointly
administer the common properties, by reason of such spouse being absent,
has abandoned the other spouse, or the spouses are separated in fact, the
other spouse may assume sole powers of administration. The
appointment of the spouse as the sole administrator can be done in a
summary proceeding under Article 253 of the Family Code. (Monteclar,
2011) Article 253 sets that the judicial procedures for the appointment of sole
administration shall be under Chapter 2 and 3 of Title XI, or Summary
Judicial Proceedings for Separations in fact of husband and wife and parental
authority.

4. In Uy vs. Court of Appeals, decided on November 29, 2000, the Court
however, qualified that if the inability of the spouse to co-administer the
community of property is due to being in the comatose stage, or a victim of

stroke or cerebrovascular accident, which makes him “incompetent”, the
proper remedy is a judicial guardianship proceeding under Rule 93 of
the 1964 Revised Rules of Court and not a summary proceeding for
appointment as sole administrator under Article 253 of the Family Code
This proceeding for the appointment of guardians.

5. The authority to solely administer the community property does not include
the powers of disposition or encumbrance. The sole administrator spouse
cannot sell or encumber the common property without the consent of
the other spouse or the authority from the court. The sale of a
community property by one spouse without the consent of the other is
null and void. However, although the sale is void it can be ratified
later on if the non-consenting spouse will give his/her consent or the
court grants the required authorization. This is so because the
transaction shall 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 or
authorization by the court before the offer is withdrawn by either or
both offerors.
6. An action to nullify the sale which was executed without the consent of the
other spouse does not prescribe.
7. If the third party buyer acted in good faith, the sale cannot be voided (PNB
vs. Court of Appeals). Remedy for aggrieved spouse: Compel the erring
spouse to account the amount of the sale as it is part of the absolute
community.

ARTICLE 97. Either spouse may dispose by will of his or her interest in the
community property. (n)

Notes:
● This is not a contravention of Article 89 which prohibits waiver of
rights in the ACP since the will takes effect only after the death of the
testator spouse.
● A testator can provide that certain properties after his or her death
will go to whoever he or she wishes the property will go, provided that

the grant will not encroach the lawful legitimes of his compulsory
heroes.
● Considering the co-ownership nature of the ACP, the spouse-testator
can only dispose of his or her interest in the community property and
not in a specific property.

ARTICLE 98. Neither spouse may donate any community property without the
consent of the other. However, either spouse may, without the consent of the
other, make moderate donations from the community property for charity or on
occasions of family rejoicing or family distress.

Notes:
● Rationale: To protect the share of the other spouse in the community
property which may be prejudiced by reckless generosity of the other.
● Exceptions: Moderate donations for charity or occasions of family
rejoicing or distress.

V. Dissolution of Absolute Community Regime

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

Notes:
● Termination of ACP is not equivalent to termination of marriage.
Termination of marriages, however, terminates ACP altogether.
● ‘Modes by which ACP terminates:
○ Death
○ Legal Separation
○ Annulment
○ Nullification:
■ NO ACP in Void marriages

■ Article 147 and 148 governs the property relations of a
void marriage
■ Article 147 - For parties capacitated to marry each other
and lived exclusively together as husband and wife
without the benefit of marriage. The rule on
co-ownership applies. In case of bad faith, the share to
the property shall be forfeited in the following order:
● Common children and their descendants;
● In default of or waiver by any descendant, share
shall belong to surviving descendants;
● In absence of descendants, with the innocent
spouse.
● CAUTION: THIS IS NOT A REPRODUCTION OF
ARTICLE 43(2) GOVERNING TERMINATION OF
MARRIAGE UPON REAPPEARANCE OF ABSENT
SPOUSE. Note that in Art. 147, the order of
persons who will benefit from forfeiture due to
bad faith includes only common children and
their descendants, unlike in Article 43(2) where
the order is: (1) common children, (2) children of
guilty spouse from previous marriage, and (3)
innocent spouse.

■ ARTICLE 148. In cases of cohabitation not falling under
the preceding Article, only the properties acquired by
both of the parties through their actual joint
contribution of money, property, or industry shall be
owned by them in common in proportion to their
respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares
are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and
evidences of credit.

If one of the parties is validly married to another, his or
her share in the co-ownership shall accrue to the

absolute community or conjugal partnership existing in
such valid marriage. If the party who acted in bad faith
is not validly married to another, his or her shall be
forfeited in the manner provided in the last paragraph
of the preceding Article.

The foregoing rules on forfeiture shall likewise apply
even if both parties are in bad faith.
■
● Article 43 (2) applies only to forfeiture of share of
the profits of the ACP for marriages that
terminate upon the reappearance of the absentee
spouse, for void marriages under Article 40, and
voidable marriages under Article 45. For any
other reason for termination of marriage,
forfeiture proceeding, Article 147 and 148 applies.

○ Judicial Separation of property - provided under Article 136

ARTICLE 100. The separation in fact between husband and wife shall not affect
the regime of absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a summary
proceeding;
Note: Proceeding for judicial authorization is under Title XI. Ch. 2
(3) 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 of the other spouse and use the fruits or proceeds thereof to
satisfy the latter’s share. (178a)

Notes:

● This is a reiteration of the last paragraph of Art. 94 and the
joint obligation of the spouses to support the family under
Article 70 of the Family Code;

ARTICLE 101. If a spouse without just cause abandons the other or fails to
comply with his or her obligations to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property or
for authority to be the sole administrator of the absolute community,
subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to
marital, parental or property relations.

A spouse is deemed to have abandoned the other when her or she has left
the conjugal dwelling without intention of returning. The spouse who has
left the conjugal dwelling for a period of three months or has failed within
the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal
dwelling. (178a)

Notes:
● When can a spouse be deemed to have abandoned the other?
○ Departure without intent to return followed by prolonged
absence without just cause;
○ A spouse who has left for three month with failure to inform of
his whereabouts
○ Abandonment shall not only be appreciated by physical
absence but also moral and financial desertion. (Dela Cruz vs.
Dela Cruz)
● Remedies to the present spouse:
○ Petition the court for receivership or be appointed as sole
administrator of the community property
○ Judicial Separation of property - Art. 136
○ Failure to comply with obligations to the family under Article 101
may constitute psychological incapacity, a ground for
declaration of nullity of marriage (Art 36);

○ Unjustified abandonment for a period of over 1 year
constitutes ground for LEGAL SEPARATION (Art 55 par. 10).

VI. Liquidation of the Absolute Community Assets and Liabilities

ARTICLE 102. Upon dissolution of the absolute community regime, the following
procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of
the absolute community and the exclusive properties of each spouse.

(2) The debts and obligations of the absolute community shall be paid out of
its assets. In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties in
accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community shall
constitute its net assets, which shall be divided equally between husband and
wife, unless a different proportion or division was agreed upon in the
marriage settlements, or unless there has been a voluntary waiver of such
share provided in this Code. For purpose of computing the net profits subject
to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said
profits shall be 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 its dissolution.

(5) The presumptive legitimes of the common children shall be delivered
upon partition, in accordance with Article 51.

(6) Unless otherwise agreed upon by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of the common children
choose to remain. Children below the age of seven years are deemed to
have chosen the mother, unless the court has decided otherwise. In case

there is no such majority, the court shall decide, taking into consideration
the best interests of said children. (n)

Notes:
● In a voluntary judicial separation, the liquidation may be
governed by the terms agreed by the parties if the court
approves.

● INVENTORY:
Notes:
● The properties must be itemized and valued.
● The assessed value at the time of the liquidation must
be appreciated, not the purchase value.
● A new valuation may be conducted if the liquidation
took long or during the course thereof, there is a
significant change in the current market value of the
property.

● Payment of debts
○ Debts and obligations chargeable to the ACP under
Article 94shall be paid from the assets of the ACP.
○ In case of insufficiency of the ACP to settle the liabilities,
the spouses’ exclusive property will be used to pay the
debts.
○ In the case of Article 94(9), the liabilities that were paid
for by the ACP assets shall be deducted from the
concerned spouses’ share of the ACP net profit.
● Delivery of exclusive properties
○ Whatever is left of their exclusive properties after paying
off all the creditors shall be returned to them.
● Partition
○ If the common properties are more than enough to pay
the absolute community obligations, the remainder shall
be considered as the net assets to be divided by the
spouses. The net assets shall be divided equally by the
husband and wife, unless a different proportion or

division was agreed upon in the marriage settlement or
when there is a valid waiver of rights. The waiver will
not be contrary to Article 89 if it is made only upon the
declaration of judicial separation of property, or nullity,
or annulment of the marriage.
○ Forfeiture of net share to the net profit of the spouse in
bad faith takes effect herein according to law (Article 43
par. 2 for nullity cases under Article 40, 42, annulment
cases under Article 45 and Legal separation pursuant to
Article 63 par. 2; and Article 147 and 148 for other void
marriages)
● Delivery of presumptive legitimes PURSUANT TO ART. 51
○ This is only needed for marriages annulled under
Article 45 or nullified under Article 40.
○ HOWEVER, the delivery of presumptive legitime in a
judicial separation of property case (Noveras v. Noveras,
2014) was affirmed by the Court notwithstanding the
phrase “in accordance with Article 51.”
● Alien married to Filipino
○ An alien married to a filipino cannot have any interest in
the absolute community or CPG consisting of real estate
and he cannot claim refund for the value of the property.
(Muller v. Muller)

ARTICLE 103. Upon the termination of the marriage by death, the
community property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall
liquidate the community property either judicially or extrajudicially within
one year from the death of the deceased spouse. If upon the lapse of the one
year period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be
void.


Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of the
subsequent marriage. (n)

Notes:
● If the decedent spouse left no will and no debts, and the heirs
are all of age, or the minors are represented by their judicial or
legal representatives, duly authorized for the purpose, the
parties may, without securing letters of administration from the
Court, divide the estate among themselves as they see fit by
means if a public instrument in the office of the register of
deeds.
● In case of disagreement, they may file an ordinary action for
partition.
● Any disposition or encumbrance of any specific property before
the process of liquidation shall have been completed shall be
void because upon the death of the spouses, only the interest
to the property and not the physical and definite property is
vested upon the heirs. If there are creditors, the interest will
only vest after the payment of the debts.
● When both spouses are alive and the community still exists, one
cannot claim any definite property because they co-own the
absolute community of property.
● If the decedent is survived by a spouse and compulsory heirs,
the ACP evolves into a co-ownership between the surviving
spouse and the heirs.
● Mandatory COMPLETE SEPARATION OF PROPERTY IF THE
SURVIVING SPOUSE FAILS TO LIQUIDATE PRIOR TO
REMARRIAGE.

ARTICLE 104. Whenever the liquidation of the community properties of two
or more marriages contracted by the same person before the effectivity of
this Code is carried out simultaneously, the respective capital, fruits and
income of each community shall be determined upon such proof as may be
considered according to the rules of evidence. In case of doubt as to which

community the existing properties belong, the same shall be divided between
the different communities in proportion to the capital and duration of each.
(189a)

Notes;
(Paras)
1. This article applies only to those marriages contracted BEFORE the
effectivity of the Family Code.
2. In the distribution of the Property Between the Two Marriages
a. Adduce proof as determined by the rules of evidence
b. In case of doubt, get proportion of:
1) capital, and
2) duration of each marriage.
3. No Uniformity Prior to Advent of the Family Code
Before the advent of the Family Code, the Supreme Court has not been
uniform in its rulings as to whether there is need for judicial
declaration of nullity of a void marriage although it would seem that of
late, there was really a need for judicial decree on nullity of a void
marriage. Under Art. 40 of the Family Code, a final judgment declaring
a marriage void is necessary for purposes of remarriage.



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Title IV: Property Relations Between and Wife

Chapter 3: System of Absolute Community

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

Appointment as sole Absence, abandonment of Article 253 of TFC

Appointment as sole Comatose, 1964 Revised Rules of

Sale of property Comatose, 1964 Revised Rules of

Sale of property Absence, abandonment of If the other spouse will

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

A report by Rosalie O. Abatayo 1L-M5

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