NOTES ON ACP AND CPG (REFERENCE BY STA.

MARIA 2010)

ABSOLUTE COMMUNITY OF PROPERTY CONJUGAL PARTNERSHIP OF GAINS SEPARTAION OF PROPERTIES

When shall it Art.88 – At the precise moment that the marriage is celebrated. Note: Art.107 – The rules provided in Arts.88 and 89 shall also apply to “At the precise moment that the marriage
commence conjugal partnership of gains. is celebrated.”
Note: Any stipulation, express or implied, for the commencement of
the community regime at any other time shall be void “At the precise moment that the marriage is celebrated.”

Waiver of rights, Art.89 – Not allowed during the marriage except in case of judicial
interest, shares separation of property.
and effects
When 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
Art.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.
Note: Art.107 – The rules provided in Arts.88 and 89 shall also apply to
conjugal partnership of gains.
“Not allowed during the marriage except in case of judicial separation of
property.
When 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 Art.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.”

Governing Art.90 – Co-ownership in all matters not provided for in this Chapter Art.108 – Contract of Partnership in all that is not in conflict with what is Art.143 – The marriage settlement shall
Rules 3 expressly determined in Chapter 4 of the Family Code or by the spouses in principally govern the regime of
their marriage settlements separation of property.

Note:
 They have to enter into a valid
marriage settlement prior to the
marriage stipulating such regime.

Effect Art.90 – The spouses become co-owners of all the properties.
Note:
 Each co-owner may use the thing owned in common,
provided he does so in accordance with the purpose and
not to injure the interest of the co-ownership.
Art.110 – The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or
her exclusive property to the other by means of a public instrument, which
shall be recorded in the registry of property of the place where the property
is located.
Note:
 All properties brought into the marriage by the contracting parties
belong to each of them exclusively. The partnership does not
produce the merger of the properties of each spouse.
 Even when there is a transfer of administration, the owner-spouse
may still donate, encumber, or otherwise alienate his property. He
may also transfer administration to a stranger, even without the
Art.145 – Each spouse shall own, dispose
of, possess, administer and enjoy his or
her own separate estate, without need of
the consent of the other. To each spouse
shall belong 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.
Art.146 – Both spouses shall bear the
family expenses in proportion to their
income, or, in case of insufficiency or
default thereof, to the current market
value of their separate properties.

1

Properties Art.91 – Unless otherwise provided in this Chapter or in the
Included marriage settlements, the community property shall consist of:
a. All properties owned by the contracting parties at the time
of the marriage ceremony; or
b. Those which may acquire thereafter
Art.93 – Property acquired during the marriage is presumed to
belong to the community, unless it is proved that is one of those
excluded therefrom.
Note:
 If under the marriage settlement, it was stipulated that a
certain property shall remain separate during the marriage
is valid. However, if such separate property was used to
subsequently purchase another property during the
marriage, such purchased-property shall no longer be
considered as a separate party but shall be part of the
absolute community of property. (Arts.91 and 93)
consent of the other spouse.
The liability of the spouses to creditors for
Art.111 – A spouse of age may mortgage, encumber, alienate or otherwise family expenses shall, however, be
dispose of his or her exclusive property, without the consent of the other solidary.
spouse, and appear alone in court to litigate with regard to the same.
Art 112 – Alienation of any exclusive property of a spouse administered by
the other automatically terminates the administration over such property and
the proceeds of the alienation shall be returned over to the owner-spouse.
Art. 106 – Under the regime of conjugal partnership of gains, the husband Art.144 – Separation of Property may
and wife place in a common fund the: refer to:
a. Proceeds, products, fruits and income from their separate 1. present or
properties; and 2. future property or
b. Those acquired by either or both spouses through their efforts 3. both.
or by chance
It may be total or partial. In Partial, the
Art.116 – All property acquired during the marriage, whether the acquisition property not agreed upon as separate
appears to have been made, contracted or registered in the name of one or shall pertain to the absolute community.
both spouses, is presumed to be conjugal unless the contrary is proved.
 For as long as acquisition is proven during the marriage, the Note:
presumption will apply even when the manner in which the  However, it is not valid for the
properties were acquired does not appear. contracting parties to agree in
 In case where the property is registered in the names of both the marriage settlement that the
spouses, the presumption that it is conjugal arises. However, CPG or the ACP shall govern
subject to rebuttal upon contrary proof. their marital property relationship
only up to a certain time, then
Art.117 – The following are conjugal partnership properties: followed by the regime of
separation of properties.
1. Acquired by onerous title during the marriage at the expense
of the common fund
2. Obtained from the labor, industry, work or profession of either
or both of the spouses
3. Fruits, natural, industrial, civil, due or received during the
marriage form the common property, as well as the net fruits
from the exclusive property of each spouse
Note:
 Net Fruits are referred to because the fruits of the separate
property will be applied first to the expenses and administration of
the said separate property and the remaining balance of the said
fruits which constitute the net fruits shall be considered conjugal.
4. Share of either spouse in the hidden treasure
Note:
 Hidden treasure contemplates artifacts or objects which have
2
 undergone transformation from their original raw state.

5. Acquired through occupation such as fishing or hunting

6. Livestock existing upon the dissolution of the CPG in excess

of the number of each kind brought to the marriage

7. Acquired by chance

Art.118 – Property bought on installments partly by exclusive funds and

partly by conjugal funds, ownership is determined by the time when the title
is vested:
 If ownership is vested before the marriage – not included in CPG
 If ownership is vested after the marriage – included in CPG. In this
instance, the spouse who contracted the purchase shall have the
right to be reimbursed by the partnership

 The installment was initiated prior to the marriage and ended

during the marriage.

Art.119 – Payment of credit in favor of spouse:

 All payments made on the principal during the marriage – exclusive
to the creditor-spouse
 Interest on the principal falling due during marriage – included in
CPG

Art.120 – ownership of improvements, whether utility or adornment, made

on the separate property at the expense of the partnership or through the
acts or efforts of either or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject to the following rules:
 Cost of improvement > value of the property at the time of
improvement = considered as CPG subject for reimbursement of
the value of the property at the time of improvement to the owner-
spouse
 Cost of improvement < value of the property at the time of
improvement = considered as exclusive property of the owner-
spouse subject for reimbursement of the cost of improvement by
the owner-spouse

Properties Art. 91 – Art.109 – The following shall be the Exclusive property of each spouse:
Excluded
1. Properties excluded from the community of property in 1. Brought to the marriage as his or her own
the marriage settlement Note:
 The said properties cannot be encumbered, alienated nor disposed
Art.92 – The following shall be excluded from the ACP: of by the other spouse without the consent of the owner-spouse
 The nature of the property as separate shall remain unless the

3
2. Property acquired during the marriage by gratuitous
title (including its fruits and income)
Exc: unless expressly provided by the donor that they shall
form part of the community property
Note: If donated property is subsequently sold, proceeds
shall be part of the absolute community of property and no
longer be considered as separate property.
3. Property for personal and exclusive use.
Exc: Jewelries shall form part of the community property
Note: these personal and exclusive properties may either
have been brought inside the marriage or were acquired
during the marriage.
The property for personal and exclusive use must be of
value to be part of the community property.
4. Property acquired from previous marriage who has
legitimate descendants from it, and the fruits as well as
the income, if any, of such property
Note: “Descendants” include not only children, but also
grandchildren, great-grandchildren, and all other
descendants, which must be legitimate.
1st Marriage is declared null and void for being incestuous
– children are illegitimate – thus properties from the 1st
marriage shall belong to the absolute community of
property of the subsequent marriage.
1st Marriage is declared null and void under Art.36 or
because of non-compliance with the provisions of Arts.52
and 53 – children are legitimate – thus property acquired
by the spouse who has previous children of a previous
marriage shall not belong to the absolute community of the
subsequent marriage.
Previous marriage was terminated by death and no
liquidation – surviving spouse contracted a subsequent
marriage – subsequent marriage shall be governed by the
complete separation of property regime in accordance with
Art.103. Hence, the property owned by the surviving
spouse prior to his subsequent marriage shall be
contrary is proved by positive and convincing evidence.
 These exclusive properties brought into the marriage shall be
principally used for the payment of personal debts, not redounding
to the benefit of the family, contracted by the owner-spouse before
the marriage, as well as support of illegitimate children of the
owner-spouse.
 In the event the assets of the CPG would be insufficient to pay the
obligations of the partnership at the time of liquidation, the spouses
shall be solidarily liable for the unpaid balance with their separate
properties.
2. Acquired during marriage by gratuitous title
Note:
 But the income and the fruits of the property acquired by gratuitous
title shall be considered conjugal.
Art.113 – Property donated or left by will to the spouses, jointly and with
designation of determinate shares, shall pertain to the donee-spouse as his
or her own exclusive property, and in the absence of designation, share and
share alike, without prejudice to the right of accretion when proper.
 Accretion is the incorporation or addition of property to another
property. Accretion is proper between husband and wife, unless
the donor provided otherwise
 However, if the designation is of determinate properties, accretion
will not apply.
Art.114 – If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the donee-spouse, whenever they have
been advanced by the conjugal partnership of gains.
 If conjugal funds are used to pay the obligation attached to an
onerous donation, the done-spouse shall reimburse the conjugal
partnership but the property remains to be his exclusive property.
Art.115 – Retirement benefits, pensions, annuities, gratuities, usufructs and
similar benefits shall be governed by the rules of gratuitous or onerous
acquisition as may be proper in each case.
 Nature of it will depend upon how it was obtained and the
circumstances of the case.
 Gratuity is an act of liberality = Separate Property
 Annuity is not a gratuity if the recipient thereof is entitled to it as a
matter of right = Conjugal
 Pensions are in the nature of compensation for services previously
rendered for which full and adequate compensation was not
received at the time of the rendition of the service = Conjugal
 Acquisition of insurance policy where payment was taken from the
communal funds = Conjugal
 Acquisition of insurance policy where payment was taken from the
4
 separately owned by him during the subsequent marriage.
Otherwise, if there is liquidation, the absolute community of
property shall be the property regime of the subsequent
marriage.
Note:
The law on absolute community of property does not even provide
that property purchased with the exclusive money of the wife or
husband shall be excluded from the community property, unlike the
provisions relative to the conjugal partnership of gains.
If the excluded properties are likewise sold, exchanged or merely
bartered for another property, during the marriage, the money,
property, or subject matter obtained will become absolute
community of property. Unless, the property received will qualify as
a property used for the personal and exclusive use of the recipient
spouse.
Charges upon Art.94 – The absolute community of property shall be liable for:
and Obligations
1. Support of the:
a. Spouses
b. Their common children
c. Legitimate children of either spouse
Note:
 Support for illegitimate children shall be taken from the
separate property of the parent-spouse.
In case of absence or insufficiency of separate property,
the absolute community of property shall pay but the
separate funds of the spouse = Separate Property
3. Acquired by right of redemption, by barter or by exchange
with property belonging to only one of the spouses
Note:
 In case of redemption, the property shall belong to the spouse who
has the right to redeem regardless of whether or not he or she
uses personal funds.
However, if conjugal funds were used to redeem – subject for
reimbursement by the owner-spouse
 If however, no right of redemption belonging to either of the
spouses – whoever buys or procures something using his or her
own funds shall exclusively own what was purchased.
 In the absence of proof that the right of redemption pertained to
any of the spouses – must be presumed to form part of the
conjugal partnership
 In case of exchange, the property then acquired by one spouse
using his or her exclusive property shall remain the separate
property of such spouse.
 If the separate property of a spouse is used as part of the purchase
price of a new property in additional to the conjugal funds spent for
the said purchase, the new property shall be considered conjugal.
4. Purchased with exclusive money of the wife/husband
Note:
 Property is purchased using the exclusive money of one spouse
but title is taken in the spouses’ joint names – circumstance shall
determine whether it shall result in a gift from the spouse whose
money was used or a trust in favor of such spouse.
Art.121 – The conjugal partnership shall be liable for:
 Support
 Spouses
 Their common children
 Legitimate children of either spouse
 Debts and obligations contracted during the marriage by:
 Administrator-spouse for the benefit of the CPG
 Both spouses
 One of them with the consent of the other
5
 payments shall be considered as advances to be deducted
from the share of the parent concerned upon liquidation.
2. Debts and obligations contracted during the marriage
by:
a. Administrator-spouse for the benefit of the
community
Note:
 the consent of the other spouse is not needed.
 There must be proof to show that the obligation incurred
redounded to the benefit of the family
b. Both spouses
Note:
 Even if the debt or obligation were not for the benefit of the
community
c. One spouse with the consent of the other
Note:
 Even if the debt or obligation were not for the benefit of the
community
3. Debts and obligations contracted by either spouse
without the consent of the other, the ACP shall be
liable to the extent that the family may have been
benefited
Note:
 Any loss resulting from the exercise of a profession or
family business shall be chargeable to the ACP
However, personal undertaking by a spouse to an
obligation (such as a surety or guarantor), cannot be
presumed to be for the benefit of the family as any
advantage that may arise therefore is merely indirect
4. Taxes, liens, charges and expenses upon the
community property (including repairs)
Note:
 Even without the consent of the other spouse following the
general rules on co-ownership.
5. Taxes, expenses for preservation of separate property
made during marriage
Note:
 is premised on the fact that such separate property has
been used or is being used by the family during the
marriage
 Debts and obligations contracted by either spouse without the
consent of the other to the extent that the family may have
been benefited
 Taxes, liens, charges and expenses upon the CPG
 Taxes, expenses for preservation of separate property made
during marriage
 Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-
improvement
 Antenuptial debts of either spouse
Note:
 Only insofar as they have redounded to the benefit of the family
 The value of what us 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
 Expenses of litigation between spouses
Note:
 Suit between husband and wife
 The suit is not groundless.
 Otherwise, separate property shall be made liable
 The CPG may be liable for expenses of litigation in a suit not
involving a case between husband and wife for as long as the suit
benefits the family
Note:
 Except for Item9 of Art. 94, the liabilities of the CPG are the same
as those enumerated in Arty.94 of the FC.
 Liabilities shall only be chargeable to the CPG if it benefits the
same.
 If both spouses signed the surety agreement, then the CPG shall
be liable.
 The CPG is also liable for all obligations contracted by the husband
and wife.
 If the CPG is insufficient to cover the foregoing liabilities, the
spouses shall be solidarily liable for the unpaid balance with their
separate properties.
 So long as the CPG subsists, its property shall not be among the
assets to be taken possession f by the assignee for the payment of
the insolvent debtor’s obligations, except insofar as the latter have
6

6. Expenses to enable either spouse to commence or
complete a professional or vocational course, or other
activity for self-improvement
Note:
 Donation must be by both of the spouses.
If only one of the spouses donate, this may fall under the
prohibition of Art.87, thus void.
7. Antenuptial debts of either spouse insofar as they
have redounded to the benefit of the family
Note:
 If such debt or obligation did not redound to the benefit of
the family, the separate property of the debtor-spouse shall
be liable.
8. The value of what us 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.
redounded to the benefit of the family
Art.122 – debts, fines, pecuniary indemnities incurred before or during the
marriage
 General Rule: The payment of personal debts nor the fines and
indemnities imposed upon them = shall not be charged to the CPG,
except insofar as they redounded to the benefit of the family or do
not have the consent of the other spouse (therefore, charged to the
separate property of the spouse-debtor) The CPG has no duty to
make payment in advance for the liability of the spouse-debtor
which shall be reimbursed or paid at the time of liquidation.
Exception: If obligations under Art.121 have been covered and the
debtor-spouse has insufficient or no exclusive properties to pay the
debt or obligation involved = CPG may be liable, but at the time of
liquidation, such spouse shall be charged for what has been paid
for the purposes above-mentioned.
 Difference form the ACP: The CPG is liable for the personal debts,
fines and indemnities of either spouse only after payment of all the
liabilities of the CPG under Art.121 and when the separate property
of the spouse is insufficient.

9. Antenuptial debts of either spouse other than those Under the ACP, such liabilities may be charged against the ACP
falling under par.(7), the support of illegitimate children only in case the separate property of the spouse in insufficient.
of either spouse, and liabilities incurred by either Thus, it is no longer required that all charges upon the absolute
spouse by reason of a crime or a quasi delict, in case community be satisfied before such personal obligations may be
of absence or insufficiency of the exclusive property of paid by the ACP.
the debtor-spouse
Note:
 The payment of which shall be considered as advances to
be deducted from the share of the debtor-spouse upon
liquidation of the ACP

10. Expenses of litigation between spouses

Note:
 Suit between husband and wife
 The suit is not groundless.
 Otherwise, separate property shall be made liable
 The ACP may be liable for expenses of litigation in a suit
not involving a case between husband and wife for as long
as the suit benefits the family

Note:
 If the community property is insufficient to cover the
foregoing liabilities, except those ante-nuptial debts not
redounding to the benefit of the family, the support of
7
 illegitimate children, and liabilities incurred by the spouse
by reason of a crime or a quasi-delict, falling under par.(9),
the spouses shall be solidarily liable for the unpaid balance
with their separate properties.
 So long as the absolute community subsists, its property
shall not be among the assets to be taken possession f by
the assignee for the payment of the insolvent debtor’s
obligations, except insofar as the latter have redounded to
the benefit of the family

Gains and Art. 95 (the activities connote that the spouses parted with some Art.123 – (the same with Art.95)
losses in valuable consideration hoping that some valuable return will be
Games of gained) thus: GAIN – shall form part of the CPG
Chance,
betting, GAIN – shall form part of the ACP LOSSES – shall be borne by the loser
sweepstakes, or
any kind of
LOSSES – shall be borne by the loser
gambling,
whether
permitted by or Note:
prohibited by However, if a stranger just gave, without consideration, one of the
law spouses a sweepstake ticket which eventually won, the winning
shall be considered separate property in accordance with Art.92(1)
of the FC unless the donor expressly provided that it shall form part
of the community

Ownership, Art. 96 – the administration and enjoyment of the community Art.124 – is exactly identical with Art.96. Hence, their application is the
Administration, property shall: same.
Enjoyment and Note:
Disposition of 1. belong to both of the spouses jointly  If the “contract” is later approved by the court or the incapacitated
the Property spouse finally gives his or her consent, there is no retroactive
Exc: if validly delegated to only one spouse in a marriage effect as the contract thereby perfected is an entirely new
settlement executed prior to the marriage transaction
Note:
 Each may validly exercise full power of management alone,  If the transaction occurred before the effectivity of the Family Code,
even without the consent of the other, subject to the the other spouse has 10 years to annul the contract.
intervention of the court in proper cases, and to certain
limitation.
 However, any disposition by one spouse of the said
properties, completely without the knowledge and consent
of the other spouse, is null and void. The action to nullify
the contract entered into by the transacting spouse will not
have any prescriptive period. (However, the innocent
purchaser-for-value is protected by law. The remedy of the
aggrieved spouse is to compel the erring spouse to
account for the proceeds of the sale as the same is part of
the ACP.)

8
 2. In case of disagreement – the decision of the Husband
prevails, subject to recourse to the court by wife for a
proper remedy (which must be availed of within 5yrs from
the date of the contract implementing such decision)
Note:
 If the transaction was with knowledge but without the
consent of the other spouse and disagreement arises
(husband prevails), the transaction shall not be considered
void but merely annullable at the instance of the wife.
However, if the wife ratifies the contract, she cannot seek
the annulment of it even within the 5yr prescriptive period

Par(2), Art.96 – 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
 appointment of the sole administrator shall be in a
summary proceeding under Art.253 of the FC
 it involves a situation where the other spouse is absent or
separated in fact or has abandoned the other or the
consent is withheld.
 The spouse who assumed such power of administration
cannot dispose, alienate or encumber property without
judicial approval or the written consent of the incapacitated
spouse. Otherwise, the transaction is VOID. However, the
transaction shall be construed as a continuing offer on the
part of the consenting spouse and 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.

If subject spouse “is an incompetent”:

 One who is comatose or semi-comatose condition, stroke,
cerebrovascular accident, without motor and mental
faculties, with diagnosis of brain stem infarct
 the proper remedy is judicial guardianship proceeding
under Rule 93 of the ROC and not Art.253 of the FC.

Disposition by Art.97 – Either spouse may dispose by will of his or her interest in
will the community.

Note:
 to take effect after his death.
 Provided that the grant will not encroach on the lawful
legitimes of his compulsory heirs

9
Donations Art.98 – neither spouse may donate any ACP without the consent of Art.125 – exactly identical with Art.98. Hence, their application is the same.
the other spouse. Except, moderate donations for charity or on
occasions of family rejoicing or family distress (even without the
consent of the other).

Note:
 Subject to revocation or reduction should such donations
turn out to be inofficious or they infringe on the legitime or
successional rights of another compulsory heir.
 However, even with the consent of the other spouse, the
donor-spouse cannot make a substantial donation, direct or
indirect to the consenting spouse during the marriage, as it
is void Under Art.87.

Dissolution Art.99 – The ACP terminates: Art.126 – is exactly the same as Art.99. hence, the same explanations are
likewise applicable.
1. Upon death of either spouse
Note:
 The ACP shall be liquidated in the same proceeding for the
settlement of the estate of the deceased

2. Decree of legal separation

Note:
 Offending spouse shall have no right to any share of the
net profits, which shall be forfeited in accordance with the
provisions of Art.43(2) - forfeited in favor of the common
children, or if there be none, the children of the guilty
spouse by a previous marriage or in default of children, the
innocent spouse.

However, upon reconciliation, the parties may agree to

revive the ACP subject to the provisions of Art.67

3. Marriage is annulled or declared void

Note:
 In case of an Annulment Decree, if either of the spouses
acted in bad faith, his or her share of the net profits of the
ACP shall be forfeited in accordance with the provisions of
Art.43(2)

 In case of nullity decree, as a general rule, there is no ACP

in a void marriage.

As an exception, the subsequent void marriage that could

exist by the non-observance of Art.40. Therefore, upon
final judgment of such nullity, par.2 of Art.43 shall be
observed,
10
 4. Judicial separation of property during the marriage
under Arts.134 to 138
Note:
 If it is voluntary, the parties can file the agreement for
separation of property in court to obtain the necessary
court approval (Art.136) The paries may revive after, but
once revived, no voluntary separation of property may
thereafter be granted.
 If involuntary, it must be for a sufficient cause and must
likewise have court approval.

Sufficient causes – Respondent is:

o sentenced to a penalty which carries with it civil interdiction
o Judicially declared an absentee
o Loss of parental authority
o Abandonment and failure to comply with obligations to the
family.
o Separated in fact for at least 1 year and reconciliation is
highly improbable

Liquidation After Affidavit of Reappearance

 ACP is dissolved after compliance of Art.42 which will
result to the termination of the subsequent marriage under
Presumptive Death

Separation in Art.100 – The separation in fact between husband and wife shall Art.127 – Exactly the same as Art.100
fact not affect the ACP

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
Note:
 Mere fact of separating from the conjugal roof, cannot be
presumed culpable. Fault must always be proven.
 If the spouse left with a valid cause, then he can still be
supported from the ACP.
 ACP can still be liable for all obligations incurred by the
separating spouse that may redound to the benefit of the
family or which are enumerated in Art.94, FC.

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:
 Any of the spouses, whether or not he was the one who left
11
 the conjugal home without valid cause, can seek judicial
relief.

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 to satisfy the latter’s share.

Abandonment Art. 101 Art. 128 – the same with Art. 101
and/or failure to Aggrieved spouse may petition the court for:
comply with  receivership
family  judicial separation of property
obligations  authority to be the sole administrator
subject to such precautionary conditions as the court may impose

The Obligations referred are marital, parental or property relations.

deemed to have abandoned = left the conjugal dwelling without

intention of returning for a period of three months or has failed within
the same period to give any information as to his whereabouts.

Note:
 Abandonment must not only be physical estrangement but
also amount to financial and moral desertion.
 Failure to comply with marital, parental or property
obligations only to avail the reliefs stated.

Liquidation Art.102 – Upon dissolution of the ACP, the following procedure shall Art.129 – Procedure:
apply:
1. Itemized Inventory of all properties of the CPG and the
1. Itemized Inventory of all properties of the ACP and the exclusive properties of each spouse respectively.
exclusive properties of each spouse respectively. Note:
Note:  The same with Art.102(1)
 Properties must be valued. The appraisal must be based
on the market or the assessed value at the time of the 2. Amounts advanced by CPG in payment of personal debts and
liquidation. obligations shall be credited to the CPG as an asset
Note:
2. Debts and obligations of the ACP shall be paid out of  Those amounts listed under Arts.122, 118, and 114 shall be
its assets. In case of insufficiency, spouses are considered as assets.
solidarily liable in accordance with Art.94(2)
Note: 3. Each spouse shall be reimbursed for the use of his or her
 Payments made under Art.94(9) shall be considered as exclusive funds in the acquisition of property or for the value
advances to be deducted from the share of the debtor- of his exclusive property, the ownership of which has been
spouse upon liquidation.
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 vested by law in the CPG
3. Whatever remains of the exclusive properties shall be
delivered to each of them 4. Debts and obligations of the CPG shall be paid out of its
Note: assets.
 These properties are those stipulated in the marriage Note:
settlement as exclusive properties or even during the  Those incurred under Art.121
marriage and those excluded under Art.92.
5. Whatever remains of the exclusive properties shall be delivered to
4. The net remainder of the ACP shall constitute its net each of them
assets which shall be divided equally, unless a
different portion or division was agreed upon in the 6. Unless the owner had been indemnified from whatever source, the
marriage settlements, or unless there has been a loss or deterioration of movables used for the benefit of the family,
voluntary waiver of such share belonging to either spouse even due to fortuitous event, shall be
Note: paid to said spouse from CPG, if any
 If waiver is based under Art.89, then such is Void. To be
valid, it can only occur upon a judicial separation of 7. The net remainder of the CPG shall constitute the profits which
property or after marriage has been dissolved or annulled shall be divided equally, unless a different portion or division was
and it must be contained in a public instrument. agreed upon in the marriage settlements, or unless there has been
a voluntary waiver or forfeiture of such share
5. Presumptive legitimes of the common children shall be
delivered upon partition 8. Presumptive legitimes of the common children shall be delivered
Note: upon partition
 Only after the finality of a judicial decree of annulment on
ground provided in Art.45 or of nullity of a subsequent void
9. Unless otherwise agreed upon, conjugal dwelling and the lot shall
marriage under Art.40 in relation to Arts.52 and 53. Hence,
be adjudicated to the spouse with whom the majority of the
delivery of presumptive legitime need not be proper in
common children choose to remain. Children below 7yrs old are
cases of legal separation or in case of a judicially declared
deemed to choose the mother. In case there is no majority, the
void marriage other than that of Art.40.
court shall decide.
 Delivery can be enforced via a summary judicial
proceeding pursuant to Art.253.
 The value of the presumptive legitime shall be computed
as of the date of the final judgement, and shall be delivered
in cash, property or sound securities.

6. Unless otherwise agreed upon, conjugal dwelling and

the lot shall be adjudicated to the spouse with whom
the majority of the common children choose to remain.
Children below 7yrs old are deemed to choose the
mother. In case there is no majority, the court shall
decide.

Termination of Art.103 – Procedure: Art.130 – The same with Art.103

marriage by
death 1. ACP shall be liquidated in the same proceeding for the
settlement of the estate of the deceased.

If no judicial settlement proceeding – surviving spouse shall

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 liquidate the ACP either judicially or extra-judicially within
1yr from the death.

If upon the lapse of 1yr, no liquidation made – any

disposition or encumbrance of ACP shall be VOID.

Note:
 Any disposition or encumbrance of any specific property
before the process of liquidation has been completed and
therefore even before the lapse of the one-year period is
premature, and hence, likewise void.
 It is only after liquidation and partition when specific
properties are definitely and physically determined that a
sale of such allotted property can be made.
 Hence, although, after the death of the decedent, the heirs
can sell, waive or even alienate their interest to the
property they inherit, but they cannot sell a specific
concrete property.
 No complaint for the collection of indebtedness chargeable
to the ACP or CPG can be brought against the surviving
spouse, unless such surviving spouse is solidarily liable for
the claim against the ACP or CPG. It must be claimed and
paid in the settlement of estate proceedings of the
deceased spouse.

2. If Surviving spouse contracted a subsequent marriage

without liquidation – complete separation of property shall
govern the subsequent marriage
Note:
 This rule applies only when the termination of the ACP or
CPG is by death and not when the first marriage has been
judicially annulled or declared void.

Simultaneous Art.104 – involves at least two marriages contracted prior to August Art.131 – The same with Art. 104
liquidation of 3, 1988 and involves a situation where the community properties of
Property each marriage are to be liquidated simultaneously, the respective
constituted prior capital, fruits and income of each community shall be determined
to the FC upon such proof as may be considered according to the rules of
evidence. In case of doubt as to which community the existing
property belong, the same shall be divided between or among the
different communities in proportion to the capital and duration of
each.

Advancement Art.132 – The Rules of Court on the administration of estates of deceased

persons shall be observed in the appraisal and sale of property of the
conjugal partnership, and other matter which are not expressly determined
in this Chapter.

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 Art.133 – From the common mass of property support shall be given to the
surviving spouse and to the children during the liquidation of the inventoried
property and until what belongs to them is delivered; but from this shall be
deducted the amount received for support which exceeds the fruits or rents
pertaining to them

ART.147 ART.148

Parties involved 1. Man and woman who are: If any one of the requirements under Art.147 is absent, Art.148 will apply.
a. capacitated to marry each other;
b. live exclusively with each other as husband and wife; Relationships contemplated under Art.148:
c. without the benefit of marriage 1. Man and woman living together as husband and wife, without benefit of marriage, but are not
capacitated to marry
2. Man and woman who are married under a void marriage 2. Adulterous relationship (even before the effectivity of FC)
3. Bigamous or polygamous marriage
4. Incestuous void marriage
5. Void marriages by reason of public policy

Structure of the 1. Wages and salaries shall be owned by them in equal shares
Property
relationship 2. Property acquired by either of the parties exclusively by his or her own fund
belongs to such party provided that there is proof that he or she acquired it by
exclusive funds
3. Property acquired by both of them through their work or industry shall be
governed by the rules on co-ownership. Consequently, either spouse may
alienate in favor of the other his or her share in the property
4. Property acquired while they live together shall be presumed to have been
obtained by their joint efforts, work, or industry and shall be owned by them in
equal shares. A party who did not participate in the acquisition by the other
party of any property shall be deemed to have contributed jointly in the
acquisition thereof if the former’s efforts consisted in the care and maintenance
of the family and of the household.
5. Fruits of the couple’s separate property are not included in the co-ownership
6. Property acquired by any of the parties after separation shall be exclusively
owned by the party who acquired it,
1. The salaries and wages are separately owned by the parties and if any of the spouses is
married, his or her salary is the property of the CPG of such legitimate marriage
2. Property solely acquired by funds of any of the parties belongs to such party
3. 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.
4. The respective shares of the parties over properties owned in common are presumed to be
equal. However, proofs may be shown to show that their contribution and respective shares
are not equal. Without proof of actual contribution by both parties, there can be no
presumption of co-ownership and equal sharing.
5. The rule and presumption mentioned above shall apply to joint deposits of money and
evidences of credit
6. If one of the parties is validly married to another, his or her share in the co-ownership shall
accrue to the ACP or CG existing in such valid marriage. If the party who acted in bad faith is
not validly married to another, his or her share shall be forfeited in the manner provided in the
last paragraph of Art. 147. The foregoing rules on forfeiture shall likewise apply even if both
parties are in bad faith.

7. Neither party can encumber or dispose by acts inter vivos of his or her share in
the property acquired during cohabitation and owned in common, without the
consent of the other, until after the termination of their cohabitation. However,

15
 either spouse may alienate in favor of the other his or her share in the property
o-owned. But no one can donate or waive any interest in the co-ownership that
would constitute and indirect or direct grant of gratuitous advantage to the other
which is void pursuant to Art.87

8. When only one of the parties to a void marriage is in good faith, the share of the
party in bad faith in the co-ownership shall be forfeited in favor of their common
children. In case of default or waiver by any or all of the common children or
their descendants, each vacant share shall belong to the respective surviving
descendants. Tin the absence of descendants, such share shall belong to the
innocent party. In all cases, the forfeiture shall take place upon termination of
the cohabitation.

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