Assignment

in

Persons and Family Relations

Submitted to :

Atty. Jeanna Ongan

Professor

Submitted by:

Lloyd B. Valiente

JD1
 Matrix of the Property Regime between Husband and Wife
Absolute Community of Property
(ACP)
In this regime, the husband and wife
are joint owners of all properties of
the marriage.
1.It applies when spouses adopt it in a When the future spouses adopt it in a
marriage settlement;
2. do not choose any economic
system; or
3. adopted a different property
regime and the regime is void
This is the default property regime for Under the Family code, this property
marriages celebrated after the
effectivity of the Family Code
Composed of all property at the time
of the celebration of the marriage,
and all property acquired thereafter
(Art 91, FC)
1. Property acquired by
gratuitous title
2. Property for exclusive use by
one or the other spouses,
excluding jewelry
3. Property acquired prior to the redemption, by barter or by exchange all fruits, natural, industrial or civil,
marriage by a spouse with
legitimate descendants by a
previous marriage.
4. Property excluded by
marriage settlement
The husband and wife are considered The administration of the property
joint administrators of the Conjugal
Conjugal Partnership of Gains (CPG)
In this regime, the husband and wife
place in a common fund the fruits of
their separate property, and the
income from their work or industry,
divided equally between them
When it applies
marriage settlement
Means of Establishment
regime applies where the future
spouses agree upon it in a marriage
settlement. Previously, this was the
regime which applied automatically
under the civil code
Inclusions
Composed of all property acquired
during the subsistence of the
marriage. There exists a rebuttable
presumption of conjugality on all
property acquired during this period. upon as separate shall pertain to the
(Art. 116, FC)
Exclusions
1. That which is brought to the
marriage as his of her own.
2. that which each acquires during the In this case,” to each spouse shall
marriage by gratuitous title;
3.that which is acquired by right of
with property belonging to only one of due or received during the marriage
the spouses;
4. that which is purchased with
exclusive money of the wife or
husband.
Administration
belongs to both spouses jointly. In
Absolute Separation of Property
(ASOP)
1. When the future spouses
adopt it in a marriage
settlement
2. ACP or CPG is dissolved
3. Prior marriage is dissolved
due to death of one spouse
failed to comply with the
requirements under Article
103 (Judicial settlement
proceeding of the estate of
deceased spouse)
4. By judicial order. Judicial
separation of property may
either be voluntary or for
sufficient cause.
The spouses must agree on the
adoption of this regime via a marriage
settlement of by virtue of a court
order
The regime of Separation of property
may refer to present and/or future
property, in whole or in part. In the
latter case, the property not agreed
absolute community.(Art 144, FC)
All things stipulated as separate are
excluded from the conjugal property.
belong all earnings from his or her
profession, business or industry and
from his or her separate property”
(art. 145, FC)
Each spouse shall own, dispose of
possess, administer and enjoy his or
Property and either spouse may not
unilaterally exercise the full and
exclusive power of management of
the ACP. In cases of disagreements as
to the administration of the property,
the husband’s decision shall prevail
with the wife possessing the right to a
proper remedy. The spouses’ right to
administration does not include
disposition or encumbrances of
community property.
The separation in fact shall not affect the regime of the ACP but:
case of disagreements, the husband’s
decision shall prevail. In the event that
one spouse is incapacitated in the
administration of the properties the
other spouse may assume sole powers
of administration. These powers do
not include disposition or
encumbrances without authority of
the court or written consent of the
other spouse. (Art. 124, FC)
Effects of Separation in fact
her own separate estate without need
of the other. To each spouse belog all
earnings from his or her profession,
business or industry, and all fruit,
natural, industrial or civil, due or
received during the marriage from his
or her separate property”
(Art. 145, FC)

1. The spouses who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;
2. When consent of one spouse to any transaction of the other is required
by law, judicial authorization shall be obtained in a summary
proceedings.
3. In case of insufficiency of community or conjugal partnership property,
separate property of both spouses shall be solidarily liable for the
support of the family. 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. (Art. 100 &
127, FC)
Effects of Dissolution
Upon dissolution and liquidation of Upon dissolution of the partnership,
the community property, what is the separate properties of the spouses
divided equally between the spouses are returned and only the net profits
or their heirs is the net remainder of of the partnership are divided equally
the properties of the ACP. between the spouses of the heirs.

Property Regime of Union Without Marriage

Article 147 Family Code Article 148 Family Code

Applicability
1. No Legal impediment to Marry Presence of Legal Impediment:
2. Void marriage on the ground of psychological 1. Adulterous Relationship
Incapacity 2. Bigamous/polygamous marriages
3. Incestuous void marriages under (Art 37)
4. Void marriages by reason of public policy (Art. 38)
Salaries and Wages
Owned in equal shares Separately owned by the party. If any is married, his or her
salary pertains to the CPG of the legitimate marriage
Property exclusively acquired
Belongs to party upon proof of acquition through exclusive Belongs to such party
funds
Property acquired by both through their work or industry
Governed by rules of co-ownership Owned in common in proportion to their respective

Presumptions
Property acquired while living together presumed
obtained by their joint efforts, work or industry and owned
by them in equal share.
If one party did not participate in acquisition:
Presumed to have contributed through care and
maintenance of the family and household
Forfeiture
When only one is in Good Faith, share of party in Bad Faith
in the co-ownership be forfeited in favor of:
1.their common children
2. innocent party
Proof of Actual Contribution
Not necessary
contributions
No presumption of joint acquisition.
Actual joint contribution of money, property of industry
shall be owned by them in common proportion.
However, their contributions are presumed equal, in the
absence if proof to the contrary
If one of the parties is validly married to another, his/her
share in the co-ownership shall accrue to the ACP or CPG
existing in the marriage.
If the party who acted in bad faith is not validly married to
another or both parties are in bathe faith, such share be
forfeited in manner provided in Article 147 last paragraph
necessary

Note: for as long as it is proven that the property was acquired during marriage, the presumption og conjugality will
attach regardless in whose name the property is registered.

The presumption is not rebutted by mere fact that the Certificate of Title of the property or the tax declaration is in the
name of one spouses.