CATEGORY ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP OF GAINS COMPLETE SEPARATION OF

PROPERTY
Commence @ the PRECISE MOMENT that marriage is CELEBRATED - Only when the same has been agreed upon in the marriage -takes place only except by judicial order. Such judicial
/Existence  Any other time = void (Art. 88) settlement (Art. 105) separation of property may either be voluntary or for
Same with ACP’s ART. 88 => Art. 106 sufficient cause. (Art. 134, FC)
In absence of marriage settlement -> default: ACP

Waiver No Waiver of RISE can be made DURING the marriage

>except: in case of judicial separation of property (JSP)

Waiver takes place upon

1. JSP
2. Marriage – dissolved/annulled
- Shall
 Appear in a public instrument
 Recorded as provided in Art. 77
- Creditors of spouse who waivered may petition court to rescind the waiver
>limit: to the extent of the amount sufficient to cover the amount of their credits (Art. 89
Other rules or Co-ownership provisions apply in all matters not provided for in FC Conjugal partnership – governed by rules on CONTRACT OF
provisions that PARTNERSHIP in
apply  all that is not in conflict with what is expressly
determined in this Chapter or
 by the spouses in their marriage settlements (Art. 108)
What constitutes ALL property owned by the spouses –  proceeds, products, fruits, and income from the ALL earnings from his or her profession, business or
Comm. Prop.  @ the time of the celebration of the marriage SEPARATE properties of the spouses industry and all fruits, natural, industrial or civil, due or
 those acquired by either/both spouses by received during the marriage from his or her separate
 /acquired thereafter property. (Article 145 Family Code of the
 their efforts Philippines)
 /chance
 Damages because of an accident It may refer to present or future property or both. It may
(loss of expected salary/hospitalization expenses) be total or partial. In the latter case, the property not
agreed upon as separate shall pertain to the absolute
CONJUGAL PARTNERSHIP PROPERTY (Section 3) community. (Article 144 Family Code of the
Philippines)
1. Property acquired DURING the marriage (Art. 116)
a. Contracted/registered in name of one/both spouses
b. Whether acquisition be for the partnership or for ONLY
ONE of the spouses
2. The ff are CPP (Art. 117)
a. Acquired by onerous title during the marriage @
expense of COMMON fund
 b. Obtained from LIW/P
c. Fruits, (nat, industrial, /civil) due/received DURING
the marriage from the common property
+ net fruits from the EXCLUSIVE property of each
spouse
d. Share of either spouse in the hidden treasure
e. Acquired through occupation such as fishing and
hunting
f. Livestock existing upon dissolution of
partnership
- In excess of number of each kind -> brought to the marriage
by either spouse
g. Acquired by CHANCE
- Losses born by loser-spouse

Excluded from PROPERTY… As Exclusive properties

A. Property of Each
by Direct Spouse (Art. 109)
Acquisition
Comm. Prop. 1. Acquired DURING the marriage 1. Brought to the marriage as his or her OWN
 By gratuitous title 2. Acquired during marriage by GRATUITOUS title
 Fruits & income (from donations)
>unless expressly provided by the DoTeG B. Property by substitution
Desire of gratuitous giver must be respected 3. Acquired by right of
 REDEMPTION
2. For PERSONAL and EXCLUSIVE use of EITHER spouse
 Barter
>except jewelry  /by exchange with property belonging to only
one of the spouses
3. Acquired BEFORE the marriage *spouse dies before delivery of acquired property with exclusive money =
 By EITHER spouse 4. thePurchased
heirs are owners, notwith EXCLUSIVE MONEY of the
the spouse
 Who has legitimate descendants by a *spouse may wife/husband
ignore judgment against the other, since property involved
FORMER marriage is exclusive
 + fruits & income of such property
To protect the rights/legitimes of the children/other
descendants of the previous marriage
Must be LEGITIMATE

Property acquired 1. DURING the marriage = Presumed to belong to the community A. By Onerous donations – amount of charges
>unless proved that it is among those excluded = born by exclusive property when advanced by CPG (Art. 114)

Retirement benefits, pensions, annuities, gratuities, usufructs & similar

benefits
= governed by rules on gratuitous or onerous acquisitions as may be
proper (Art. 115)
 B. PROPERTY BOUGHT ON INSTALLMENTS (Art. 118)
- Partly paid with exclusive funds + conjugal
= before marriage-> buyer/buyers
=after marriage -> conjugal partnership
*any amount advanced -> be reimbursed upon liquidation

C. AMOUNT/CREDIT PAYABLE WITHIN PERIOD OF TIME (Art.

119)
- sums collected during marriage = exclusive property of the spouse
-interests during marriage on principal = belong to conjugal partnership

D. OWNERSHIP OF IMPROVEMENTS (Art. 120)

- Whether for utility or adornment
- Made on the SEPARATE property of the spouses
- @ expense of partnership
- /through acts/efforts of both spouses
- Shall pertain to CONJUGAL PARTNERSHIP
- /to original owner-spouse
-
RULES:
1. Cost of improvement = more than value of property
 Conjugal partnership (+ reimbursement of value of
owner-spouse)
2. Otherwise: retained by owner-spouse (+
reimbursement of costs)

Charges Upon and Liable for Liable for (Art. 121) -each spouse shall contribute to the family expenses, in
Obligations 1. SUPPORT of proportion to their income. in case of insufficiency, to
No’s 1 to 3 = SAME as ACP
a. the spouses the current market value of their separate properties.
4. ALL [TaliCE]
b. their COMMON children - Including –
c. the legitimate children of either
o Major -liability of the spouses to creditors for family expenses
[>support of illegitimate children = not supported by AC]
o & minor repairs shall be solidary. (Art. 146, FC)
2. ALL DEBTS & OBLIGATIONS
- Contracted DURING the marriage - Upon the CPP
- By the designated administrator-spouse 5. ALL [TaE] for mere preservation
o For the benefit of the community - Made during marriage upon the separate property of either
spouse
 - By both spouses No. 5-8= SAME as ACP
- /by one spouse with the consent of the other; 9. EXPENSES OF LITIGATION
3. ALL DEBTS & OBLIGATIONS - Between spouses
- Contracted by either spouse >unless suit s found to be groundless
- Without the consent of the other
- to the extent that the family may have been benefitted; Conjugal partnership is insufficient? = spouses are solidarily liable for
4. ALL [TaliCE] the unpaid balance with their separate property.
- Including –
o Major PERSONAL DEBTS (Art. 122)
o & minor repairs - Contracted by either
- Upon the community property - Before/during the marriage
5. ALL [TaE] for mere preservation - Shall not be charged to the conjugal partnership
- Made during marriage upon the separate property of either >>except: if they have redounded to the benefit of the family
spouse + fines & pecuniary indemnities
- Used by the family >>+ support of illegitimate children may be enforced against partnership
6. EXPENSES to enable assets after responsibilities are covered
- Either spouse >>condition: spouse has no exclusive property/is insufficient
- To commence/complete a [ProVO] >>>@ time of liquidation: spouse shall be charged for what has been
7. ANTENUPTIAL DEBTS paid
- Of either spouse
- Have redounded to the benefit of the family;
8. VALUE DONATED or PROMISED
- By both spouses
- in favor of their common, legitimate children
- for the exclusive purpose of commencing/completeing a
[ProVO]
9. ANTENUPTIAL DEBTS
o Of either spouse
o Other than those falling under par. 7
- + support of illegitimate children of either spouse
- +liabilities incurred
o by either spouse
o by reason of a crime/quasi-delict
- in case of absence/insufficiency of exclusive property of
debtor-spouse
 payment will be considered as advances
 deducted from share; upon liquidation
Whatever may be lost  Shall be borne by the loser
during the  Shall not be charged to the community
marriage in any game of  Any winnings -> shall form part of the community property
[ChaBSO]
Ownership, Of the COMMUNITY PROPERTY Of EXCLUSIVE PROPERTIES (Art. 110)
Possession,  Shall belong to both spouses jointly [Gen. Rule: Joint A&E by = retained by spouses
Administration, &
both spouses]
Enjoyment Transfer of admin. Of exclusive property -> to the other
 [>exception]: In case of disagreement: husband’s decision
shall prevail  By either spouse
 Subject to recourse to the court by the wife  By means of a PUBLIC INSTRUMENT
  For a proper remedy  Recorded in REGISTRY OF PROPERTY OF PLACE
 w/c must be availed of WITHIN 5 YRS - Where property is located
 from the DATE OF CONTRACT implementing such
decision Mortgage, Encumbrance, Alienation or Disposition
 [Rules of Exception]: in the event that one spouse is  May be done WITHOUT the consent of the other
 incapacitated  May appear ALONE in order to litigate
 /otherwise unable to participate in the admin. Of common ALIENATION of EXC. Prop. -> administered by the other
properties
 automatically terminates the administration over such property
 OTHER SPOUSE may assume powers of
administration
 proceeds turned over to owner-spouse
 These powers do not include: Property donated/left by will to the spouses, JOINTLY and with
 Disposition/encumbrance designation of determinate shares (1/2 for each, unless in different
 Without authority of the court proportion)
=shall pertain to donee-spouse as his or her own EXCL. PROP.
 /written consent of the other spouse
 In the absence = VOID
 Transaction shall be construed as a
continuing offer
 On part of the consenting spouse & 3rd person
 May be perfected as a binding contract
 Upon acceptance by the other
spouse
 /authorization by the court

Before the court is withdrawn by either or both
offerors
 Either spouse may dispose BY WILL
- Of his/her interest in the CP
 [Gen. Rule]: Neither spouse may DONATE ANY CP
- WITHOUT consent of the other
[>except]: Make MODERATE donations from the CP for
 Charity and /on occasion of family rejoicing/distress
DISSOLUTION/ DURATION AC terminates [GROUNDS FOR TERMINATION] Lasts until File a verified petition for voluntary dissolution of the
 Upon DEATH of either spouse ACP or the CPG and for the separation of their
1. Dissolution of the marriage – death or annulment
common properties
 Legal decree of LEGAL SEPARATION 2. Dissolution of the partnership[ - legal separation / JSP
 Marriage is ANNULLED or DECLARED VOID
 In case of JSP during marriage under Art. 134-138

Separation in Fact b/n = NOT AFFECT the regime

husband & wife
>except:

1. Spouse who = shall NOT HAVE the right to be SUPPORTED

a. LEAVES the conjugal home
b. /REFUSES to live therein without just cause
 2. Consent of one spouse to any transaction is required by law Judicial authorization shall be obtained -> in a summary proceeding
(instead of marital consent)

3. In absence of SUFFICIENT Community Property Separate property of both spouses

- Shall be solidarily liable for the support of the family

*spouse present
 shall be given judicial authority to A or encumber
- any specific separate property of the other spouse
 shall USE the fruits/proceeds
 to satisfy the other’s share

Abandonment without just =Aggrieved spouse may petition the court for
cause
1. receivership
/Failure to comply with
his/her obligations to the 2. JSP
family 3. /authority to be the sole administrator

 Abandonment:
- Spouse left conjugal dwelling
 Without any INTENTION of returning
 For a period or 3 months
 /has failed within same period
 To give any info
 As to his/her whereabouts
Shall be prima facie presumed to have no intention of returning to the conjugal dwelling
LIQUIDATION Upon dissolution, the ff procedure shall apply: Upon dissolution, the ff procedure shall apply:
1. Inventory 1. Inventory - spouses may jointly file a verified petition
- Separate listing of - Separate listing of within the court for voluntary dissolution of
a. AC and c. CP properties and the ACP or the CPG and for the separation of
their common properties
b. Exc. Properties of each spouse d. Exc. Properties of each spouse
2. Debts & obligations 2. Amounts paid in advance of debts & obligations - all creditors of the ACP and CPG as well as
- Paid out of its assets - Credited to the CP as an asset the personal creditors of the spouse shall be
3. Debts & obligations
- In absence, separate properties (solidarily) listed in the petition and notified of the filing
3. Remains of Exclusive Properties - Paid out of its assets thereof
- Shall be delivered to each of them - In absence, separate properties (solidarily)
4. Net remainder of the properties 4. Remains of Exclusive Properties - the court shall take measures to protect the
- Shall constitute its NET ASSETS - Shall be delivered to each of them creditors and other persons with pecuniary
- Divided equally b/n husband & wife 5. Loss or deterioration of movables interest
>unless: - Shall be paid to affected spouse from the conjugal funds
 Different proportion or division was agreed upon
  Voluntary waiver of share
- PROFITS: the increase in value b/n market value of the CP @
the time of the celebration & @ the time of dissolution
5. Presumptive legitimes
- Shall be delivered upon partition
- In accordance with Art. 51
6. Conjugal dwelling
- & the lot on which it is situated
 Shall be adjudicated on whatever is agreed upon in the
marriage settlement
 (in absence) Shall be adjudicated to the spouse
 With whom the MAJORITY of the children remain
 Children BELOW the age of 7 YEARS – are deemed
to have chosen the mother (ART. 102)
 >unless the court has decided otherwise
 No majority -> court shall decide
 Taking in consideration the best interests of the
children
consideration the best interests of the children
7. Net remainder of the properties
- Shall constitute its NET ASSETS - the separation of property shall not prejudice
the rights previously acquired by the creditors
- Divided equally b/n husband & wife
>unless:
- upon decree, the ACP or CPG shall be
 Different proportion or division was agreed upon liquidated in conformity with this Code
 Voluntary waiver of share
6. Presumptive legitimes
- during the pendency of the proceedings for
- Shall be delivered upon partition separation of property, the ACP or CPG shall
- In accordance with Art. 51 pay for the support of the spouses and their
children.
7. Conjugal dwelling
- & the lot on which it is situated
 Shall be adjudicated on whatever is agreed upon in
the marriage settlement
 (in absence) Shall be adjudicated to the spouse
 With whom the MAJORITY of the children remain
 Children BELOW the age of 7 YEARS – are
deemed to have chosen the mother (ART. 102)
 >unless the court has decided otherwise
 No majority -> court shall decide Taking in
 Property Regime of Unions Without Marriage (Article 147) Property Regime of Unions Without Marriage (Article 148)

APPLICABILITY

1. No legal impediment to marry; Presence of legal impediment:

2. Void marriage on the ground of psychological incapacity 1. Adulterous relationships
2. Bigamous/Polygamous marriages
3. Incestuous void marriages under Art. 37 (FC)
4. Void marriages by reason of public policy (Art 38)

SALARIES AND WAGES

Owned in equal shares Separately owned by the parties. If any is married, his/her salary pertains to the CPG of the
legitimate marriage.

PROPERTY EXCLUSIVELY ACQUIRED

Belongs to party upon proof of acquisition through exclusive Belongs to such party
funds
PROPERTY ACQUIRED BY BOTH THROUGH THEIR WORK OR
INDUSTRY
Property acquired while living together presumed obtained by their joint efforts, work or No presumption of joint acquisition. Actual joint contribution of money, property or industry
industry and owned by them in equal shares. If one party did not participate in shall be owned by them in common proportion. However, their contributions are
acquisition: presumed to have contributed through care and maintenance of family and presumed equal, in the absence of proof to the contrary.
household.
FORFEITURE

When one one is in GF, share party in BF in the co-ownership be forfeited in favor of:
1. Their common children
2. Innocent party
In default of/ waiver by any/ all common children, or by their descendants
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 BF is not validly
married to another or if both parties are in BF, such share be forfeited in manner provided in
last paragraph of Article 147.

PROOF OF ACTUAL CONTRIBUTION

Not necessary Necessary