Justine Kaye B.

Porcadilla
Persons & Family Relations (1L-M12)
Comparative Table

Property Relations Between Husband & Wife

Absolute Community of Conjugal Property of Regime of Separation of Property Regime of Unions w/o Property Regime of Unions
Property Gains Property Marriage (Art. 147) w/o Marriage
(Art. 148)
-At the precise moment of -At the precise moment of -During Marriage. -During Cohabitation. -During Cohabitation.
Effectivity or the celebration of marriage. Marriage is celebrated.
Commencement Express or implied
stipulation for the
commencement of the
community regime at any
other time shall be void.
Applicability -It automatically applies to -Marriages before the -Applies under the -Article 147 applies to the following: -Article 148 applies to the
marriages with no other pre- implementation of the following: following:
nuptial marriage settlement. Family Code and marriage *Cohabitation between a Man and a
after the Family Code, if *If there is an express Woman Living together as husband *Cohabitation between a man
agreed to by the parties declaration in the marriage and wife With capacity to marry and a woman living together as
through a marriage settlement without any legal impediment other husband and wife but is not
settlement. void marriages due to absence of capacitated to marry. (Art.35 (1)
-May refer to the following: formal requisite Void. under 18 years old).

*Present or future property *Marriages on the ground of *Adulterous relationship (e.g.

or both total or partial psychological incapacity. concubinage).

*If partial, a property not *Bigamous/Polygamous

considered separate is marriage (Art.35 (4).
presumed to pertain to the
ACP. *Incestuous marriages under
Art. 37.
 *Mandatory provisions of
Article103 and 130 or *Void marriages by reason of
subsequent marriages public policy under Art. 38.
without judicial settlement
of previous regime. *Void Marriages on the ground
of psychological incapacity may
*Default property regime apply.
when there is reconciliation
after judicial separation of
property

Exclusive Property -Property acquired by -Property brought into the -Both spouses are the -The properties acquired through -The properties acquired
gratuitous title if intended to marriage by each spouse owners of their exclusive exclusive funds of a spouse through exclusive funds of a
be excluded from absolute as his/her own. property. provided that there is proof. spouse and it needs no proof.
community of property; it The salaries and wages of one
must be a valid gratuitous -Property by gratuitous title party in the relationship.
acquisition during the during the marriage, given
marriage (Munoz v. that the done intended to it
Ramirez). to be exclusively owned.

-Property for personal and -Property acquired by right

exclusive use brought inside of redemption.
the marriage or acquired
during the marriage except -Property purchased with
jewelry. exclusive money of either
spouse.
-Property including the fruits
as well as the income -Collection of credits
acquired from previous belonging to one spouse,
marriage or before the but interests belong to the
marriage by either spouse, CPG.
for those with legitimate
descendants. -Sale of separate property.

-Indemnity pain in case of

expropriation of separate
 property or under an
insurance policy covering
separate property.

Common -All property owned by the -Onerous Title at the
Property spouses at the time of expense of common fund.
marriage.
-Property Acquired through
-All properties acquired after the Labor, Industry, Work,
the time of marriage. Profession of either or both
spouses.
-Fruits from common
property and net fruits of
the exclusive properties of
each spouse.
-Share of either spouse in
hidden treasures
-Applies only to partial -Salaries are owned in equal -Properties acquired by both
separation and such shares. through work and industry are
property are by default owned in common in proportion
governed by ACP. -Properties acquired by both to their respective contribution.
through work and industry (The
rules of co-ownership governs). -Properties acquired while living
together are equally owned if
-Properties acquired while living there is evidence of joint
together are owned in equal shares acquisition or contribution.
-Properties acquired are owned in
equal shares if there is contribution
to the maintenance of family and
household.

-Property Acquired through

occupation, such as fishing
or hunting.

-Livestock existing at
dissolution of partnership
in excess of what is
brought by either spouse in
the marriage.

-Acquired by chance such

as winnings in gambling or
betting.
 -Moral Damages arising
from a contract.

-Loans contracted during

the marriage and property
acquired from such loan.

-Property purchased by
installment if full ownership
was vested during the
marriage.

-Proceeds from a separate

business of a spouse.

-Property by reverse
accession if the new value
after improvement is
greater than the original
value of the property.

Liabilities -Support to Spouse, Debts and Obligations: -Spouse is solitarily liable -Liability is charged against the -There is no consent needed for
Common children, legitimate for creditors. exclusive property or the equal encumbrance of property.
children of previous -Incurred in the exercise of share of a spouse.
marriage, and illegitimate -In family expenses, both
children *spouse’s profession spouses shall be liable in -A spouse cannot encumber his or
a) by administrator-spouse proportion and if her respective share during
-For spouse, Even if not for the benefit of the family; insufficient, charged cohabitation without the consent of
living together except in against their separate the other.
case of abandonment. *by both spouses; properties based on
current market value.
-Even during pendency of *by one spouse with the
action for legal separation or consent of the other by one
annulment of marriage. spouse without the
consent of the other for the
benefit of the family
Debts and Obligations antenuptial debts for the
Contracted During the benefit of the family
Marriage
Taxes and Expenses
-Either by both spouse or
one of them, with consent of -Maintenance of CPG
the other. properties.

Debts Contracted by one -Mere preservation of all

spouse without consent of exclusive properties.
the other
-Litigation expenses,
-If it benefited the family. unless the suit is
groundless
*Tax, Liens, Repairs on
Community Property Support

*Taxes and Expenses for -Support of spouses and

Mere Preservation of common children.
separate properties
-Education of spouses,
-If it benefitted the family. same as absolute.

*Expenses for professional, -Education of common

vocational, or self- children, only for value of
improvement courses of donation
Spouses
-A spouse may encumber
*Ante-Nuptial Debts that his or her exclusive share
Benefitted the Family without the consent of the
other.
*Donations by Both Spouses
to Common Legitimate
Children
 *Ante-Nuptial debts that
don’t benefit the family,
support of illegitimate
children, liabilities arising
from crime or quasi-delict

-Only if the debtor-spouse

has no exclusive property or
his or her property is
insufficient

-The payment herein is

deemed advances to be
deducted from his or
her share upon liquidation.

*Expenses of litigation
between spouses

-Except when the suit is

groundless.
Terminates the property Termination of CPG Art. -Generally, the dissolution -It can be dissolved upon a valid -It can only be changed upon a
upon: 126 [cf. Art. 99] DLAJ) depends upon the owner marriage for common law valid marriage, given that the
spouse. relationship without suffering any legal impediment no longer
-Death of a spouse -Death legal impediment. exist.
determined by law, by -For reconciled marriages
contract, and by will. -Legal Separation after judicial separation of
Dissolutions property, regime of
-Decree of legal Separation -Annulment or declaration separation of property may
wherein the offending of nullity be dissolved for adoption
spouse shall have no right to of other regime of property.
any share of the net profits -Judicial separation of
earned by absolute property
community or conjugal
partnership.
 (2) CPG not affected by de
-Annulment or Judicial facto Separation Art. 128
declaration of nullity [cf. Art. 100] (3)

-Judicial Separation of -Abandonment and

property during marriage Absence [cf. Art. 101]

-When reappearing spouse

or interested person under
Article 41 files an affidavit of
reappearance to terminate
marriage of the present
spouse validly contracted
with another person.

Ownership or -The administration of
Administration property belongs to both
spouses. If doubt exist, the
decision of the husband
prevails; but the wife has five
years to go to court for
recourse, except when the
spouse is incapacitated or
unable to participate in the
administration.
For Separate Property: Generally, the owner -The general rules on administration -The general rules on
spouse is the administrator of property governs. administration of property
-Administration of property to his or her properties. governs.
depends to the owner. The However, the other spouse
other spouse can can be the administrator if:
administer the exclusive
property of the other under -One spouse becomes the
certain rules. guardian of the other.
For Conjugal Property: -One spouse is judicially
declared an absentee.
-Administration belongs to
both spouses. If doubt -One spouse is given
exist, the husband decision penalty of civil interdiction.
prevails but the wife can go
to court to seek for -One spouse become a
recourse. fugitive.
Disposition -A spouse can dispose -Disposition of conjugal -The owner spouse can -Under Article 147, a party is -Under Article 148, there is no
through a will his or her property is only allowed if dispose his or her separate prohibited to dispose his or her prohibition against alienation of
interest in the community with consent or approval by estate without the consent respective share during ideal share.
property; however, it is the other spouse of the other. cohabitation.
limited to his or her share in
the community property. Or if under judicial authority
secured by the court:
-Donation is prohibited
without the consent of the -Donation of CPG must be
other spouse, except the with the consent of the
following: other spouse except
moderate donations for
-Moderate donations to charity, on occasions of
charity due to family family rejoicing, or family
rejoicing or distress; and distress.

-Moderate gifts by each -Disposition of exclusive

spouse to the other due to property depends upon the
family rejoicing. owner spouse.

-Inventory of the assets of The following are the rules -The owner is the owner of -A share is forfeited if a spouse has -There is no liquidation, only
ACP and of spouses’ on liquidation: his or her property. As acted in bad faith. partition.
separate properties; such, liquidation depends
Liquidations -Prepare an inventory of all upon the owner spouse. -The rule for forfeiture is governed -If one party has a valid
-Obligations are paid with properties by the co-ownership. The forfeiture marriage, the property is divided
community property, but favors the innocent party, common based on the property regime of
separate obligations not -Amounts advanced by children, or their descendants. his or her valid marriage.
charged to ACP are paid by CPG in payment of
respective assets of personal debts and -There is no liquidation only -If one party acts in bad faith, the
spouses; obligations shall be partition. treatment is similar to article 147.
credited to CPG
-If obligations exceed the -The same rules of forfeiture
assets of ACP, nothing is -Reimburse each spouse applies if both parties acted in
divided. Creditors can go for the use of his/her bad faith.
after the separate properties exclusive funds in the
acquisition of property
of the spouses, which are -Debts and obligations of
solitarily liable for deficiency; CPG shall be paid out of
the conjugal assets,
-Balance or net remainder of otherwise both spouses
assets are divided equally are solidary liable
between spouses,
irrespective of how much -Remains of the exclusive
each brought into the properties shall be
community; delivered to respective
owner- spouses
-If personal obligations of a
spouse exceed his/her -Indemnify loss or
separate property, creditor deterioration of movables
can go after the share of the belonging to either spouse,
spouse on the net remainder even due to fortuitous
of the ACP; and event, used for the benefit
of the family
-After covering all
community obligations and -Net remainder of CPG
obligations of spouses, shall the constitute the
balance of separate profits which shall be
properties are delivered to divided equally between
respective spouses or their husband and wife except
heirs, and they will also when:
divide into two equal shares
whatever is left of the *A different proportion or
community assets, without division was agreed upon
prejudice to the provisions of in the marriage settlements
law on forfeitures and There has been a voluntary
delivery of presumptive waiver or forfeiture of such
legitimes. share

-Presumptive legitimes
delivered to common
children under Art. 51
-Conjugal dwelling goes to:

*Spouse with whom

majority of common
children choose to remain
(below 7yrs deemed to
have chosen the mother)

*Whoever the court

chooses in case of lack of
majority