ABSOLUTE COMMUNITY PROPERTY CONJUGAL PARTNERSHIP OF COMPLETE SEPARATION OF PROPERTY

GAINS
Nature A property regime wherein the spouses are It is a special type of partnership, where the Each spouse shall own, dispose of, possess,
considered co-owners of all property brought husband and wife place in a common fund administer and enjoy his or her own separate
into the marriage, as well as those acquired the proceeds, products, fruits and income property, whether acquired prior to the marriage
during the marriage, which are not otherwise from their separate property and those or during the marriage, without need of the
excluded from the community either by the acquired by either or both spouses through consent of the other.
provisions of the Family Code or by the marriage their efforts or by chance.
settlement.
(Article 106, Family Code)
Applicability and When it is agreed When it is expressly provided for in the marriage
● The provisions ● Only if the future spouses have
upon in the marriage settlement.
Governing Rules shall govern the expressly agreed upon in their
settlement.
property relations marriage settlement that CPG shall
of the spouses. govern their property relations.

● Provisions of the ● Primarily governed by their

Family Code agreement subject to the limitations
shall apply in of the Family Code on conjugal
suppletory partnerships shall be of suppletory
manner. application.

● In all matters not

provided for
under the Family
Code, the
provisions on co-
ownership shall
apply.
 In the absence of When it so decreed Due to:
● Pursuant to
marriage settlement by a competent
Article 75 of the a.) Sufficient causes
or when the regime court
Family Code, the under Article 135;
agreed upon is void,
the system of provisions of the b.) Voluntary
absolute community Family Code Dissolution –
of property shall shall apply. when the spouses
apply. (Article 75 of filed a verified
the Family Code) ● In all matters not petition for
provided for judicial separation
under the Family of their properties
Code, the under Article 136
provisions on co-
When the regime ownership shall Mandatory regime Due to failure of the
agreed upon the apply. of complete spouse to liquidate the
parties in the separation of absolute community
marriage settlement property. property or conjugal
is void. partnership of gains of a
previous marriage which
has been terminated by
death within the one-year
period required by law
prior to contracting
another marriage. Should
the surviving spouse
contract a subsequent
marriage, such marriage
shall be governed by a
regime of complete
separation of property
Commencement Article 88. The absolute community of property between spouses shall commence at the General Rule: If agreed upon in the marriage
precise moment that the marriage is celebrated. Any stipulation, express or implied, for the settlement, at the time of the celebration of the
 commencement of the community regime at any other time shall be void. marriage.

Article 89. No waiver of rights, shares and effects of the absolute community of property during Exceptions: It may be made during the marriage
the marriage can be made except in case of judicial separation of property. When the waiver but pursuant to a judicial decree for sufficient
takes place upon a judicial separation of property, or after the marriage has been dissolved or causes provided under Article 135.
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.

Inclusions (What Presumption in favor of Community Property: Article 116. All property acquired during Article 144. Separation of property may refer to
Constitutes APC; CPG: the marriage, whether the acquisition present or future property or both. It may be total
EP) appears to have been made, contracted or or partial. In the latter case, the property may not
Article 93. Property acquired during the registered in the name of one or both agreed upon as separate shall pertain to the
marriage is presumed to belong to the spouses, is presumed to be conjugal unless absolute community.
community, unless it is proved that it is one of the contrary is proved.
those excluded therefrom.

❖ By the very nature of this regime, which Article 117. The following are conjugal
consists practically all the properties of partnership properties:
the spouses, whether acquired before or (1) Those acquired by onerous title during
during the marriage, the presumption in the marriage at the expense of the
favor of the community must relate to all common fund, whether the acquisition be
the properties of the spouses and not only for the partnership, or for only one of the
to the properties acquired during the spouses;
marriage.

(2) Those obtained from the labor,

industry, work or profession of either or
Article 91. Unless otherwise provided in this both of the spouses;
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.
(3) The fruits, natural, industrial, or civil,
due or received during the marriage from
the common property, as well as the net
fruits from the exclusive property of each
spouse;
(4) The share of either spouse in the
hidden treasure which the law awards to
the finder or owner of the property where
the treasure is found;
(5) Those acquired through occupation
such as fishing or hunting;
(6) Livestock existing upon the dissolution
of the partnership in excess of the number
of each kind brought to the marriage by
either spouse; and
(7) Those which are acquired by chance,
such as winnings from gambling or betting.
However, losses therefrom shall be borne
exclusively by the loser-spouse.
Payables (Article 118)
Property bought on installments paid
partly from exclusive funds of either or
both spouses and partly from conjugal
funds depends upon when the full
ownership is vested:

If before marriage – it shall be the

exclusive property of the buyer spouse

During the marriage – it shall belong to

the conjugal partnership

In either case, any amount advanced by the

partnership or by either or both spouses
shall be reimbursed by the owner or owners
upon liquidation of the partnership.

Receivables (Article 119):

Whenever an amount or credit payable
within a period of time belongs to one of
the spouses:

Partial payments – shall be the exclusive

property of the creditor spouse.

Interest – it shall belong to the conjugal

partnership.

Ownership of improvements whether for

utility or adornment (Article 120)

The ownership of improvements, whether

for utility or adornment, made on the
separate property of the spouses 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:

1. When the cost of the improvement

made by the conjugal partnership
and any resulting increase in value
are more than the value of the
property at the time of the
improvement, the entire property of
one of the spouses shall belong to
the conjugal partnership, subject to
reimbursement of the value of the
property of the owner-spouse at the
time of the improvement;

2. If the cost of the improvement made

by the conjugal partnership and any
resulting increase in value is equal
or less than the value of the
principal property at the time of the
improvement, said property shall be
retained in ownership by the owner-
spouse, likewise subject to
 reimbursement of the cost of the
improvement.

In either case, the ownership of the entire

property shall be vested upon the
reimbursement, which shall be made at the
time of the liquidation of the conjugal
partnership.

Exclusive Property Article 92: Charges & Obligations Article 109: To each spouse shall belong all earnings from his
of the Exclusive or her profession, business or industry and all
(1) Property Direct Acquisition:
Property: fruits, natural, industrial or civil, due or received
acquired during the
(1) That which is brought to the marriage as during the marriage from his or her separate
marriage by (1) Support to
his or her own; property.
gratuitous title by illegitimate
either spouse, and children of either (Article 145, Family Code)
the fruits as well as spouse
the income thereof, (2) That which each acquires during the
(2) If the community marriage by gratuitous title;
if any, unless it is
property is
expressly provided
insufficient to
by the donor, testator
cover the Substitution:
or grantor that they
liabilities, except
shall form part of the (3) That which is acquired by right of
ante-nuptial
community property;
debts, the spouses redemption, by barter or by exchange with
shall be solidarily property belonging to only one of the
liable for the spouses; and
(2) Property for
unpaid balance
personal and
with their
exclusive use of (4) That which is purchased with exclusive
separate
either spouse. money of the wife or of the husband.
properties.
However, jewelry
shall form part of the Article 94, Family
 community property; Code Article 113:
Property donated or left by will to the
spouses jointly. If there is designation as to
(3) Property
the shares, the designation must be
acquired before the
followed. If there is none, share and share
marriage by either
alike, without prejudice to the right of
spouse who has
accretion when proper.
legitimate
descendants by a
former marriage,
Article 114:
and the fruits as well
as the income, if If the donations are onerous, the amount of
any, of such the charges shall be borne by the exclusive
property. property of the donee spouse, whenever
they have been advanced by the conjugal
partnership of gains.
Article 95:
Winnings during the
Article 115:
marriage in any game
of chance, betting, Retirement benefits, pensions, annuities,
sweepstakes, or any gratuities, usufructs and similar benefits.
other kind of
gambling whether
permitted or Presumption:
prohibited by law.
Payments made from the conjugal property
shall be presumed conjugal property of the
spouses.
Article 94 Article 121 Article 146
Charges and Obligations 1. Support of: Both spouses shall bear the family expenses in
proportion to their income, or, in case of
a.) Spouses
insufficiency or default thereof, to the current
 b.) Their Common children market value of their separate properties.
c.) Legitimate children of either spouse
Support of Illegitimate Children of either spouse Support of illegitimate children of either
shall be chargeable to the exclusive property of spouse is chargeable to the exclusive
the illegitimate parent. (Article 197) In case of property of the illegitimate parent. In case
insufficiency or absence of the exclusive of insufficiency of the exclusive property of
property of the illegitimate parent-spouse, the the illegitimate parent-spouse, the payment
payment of which may be taken from the of which may be taken from the community
community property and the same shall be property and the same shall be considered
considered as advances to be deducted from the as advances to be deducted from the share
share of such parent upon liquidation of the ACP. of such parent upon liquidation of the CPG
but only after charges and obligations of
the CPG under Article 121.
2. All debts and obligations contracted during the marriage by: The liability of the spouses to creditors for family
expenses shall, however, be solidary.
a.) The designated administrator-spouse for the benefit of the ACP/CPG
b.) By both spouses
c.) 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 the marriage upon the
separate property of either spouse;
6. Expenses to enable either spouse to commence or complete a professional, vocational,
or other activity for self-improvement
7. 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 professional
or vocational course or other activity for self-improvement.
8. Expenses of litigation between spouses unless the suit is found to be groundless.
9. Ante-nuptial debts are chargeable to the As a general rule, ante-nuptial debts or the
ACP if they redounded to the benefit of payment of personal debts contracted by
the family. either spouse before or during the marriage
shall not be charged to the conjugal
Personal debts not redounding to the
partnership. Neither shall fines and
benefit of the family such as liabilities
indemnities imposed upon them be charged
incurred by reason of crime or quasi-
to the partnership.
delict are chargeable to the separate
property of debtor spouse.
In case of insufficiency of property, Exceptions:
chargeable to the ACP but considered as
1. If they redounded to the benefit of
advances deductible from the share of the
the family;
debtor-spouse upon liquidation.
2. If the spouse should have no
exclusive property or if it should be
insufficient, provided that charges
and obligations of the conjugal
partnership have been covered.
NOTE: But at the time of the liquidation of
the partnership, such spouse shall be
charged for what has been paid for this
purpose.
(Article 122, Family Code)

10. Taxes and expenses for mere preservation Taxes and expenses for mere preservation
during marriage upon separate property during marriage upon separate property of
of either spouse used by the family. either spouse, regardless of whether used by
the family because the use and enjoyment
 of separate property of the spouses belong
to the partnership.
If the community property is insufficient to cover If the conjugal partnership is insufficient to
the foregoing liabilities, except those falling cover the foregoing liabilities, the spouses
under paragraph (9), the spouses shall be shall be solidarily liable for the unpaid
solidarily liable for the unpaid balance with their balance with their separate properties.
separate properties.
NOTE: The separate properties shall be SOLIDARILY and SUBSIDIARILY liable for the
obligations of the community or conjugal properties if the latter are insufficient. (Article 94,
Family Code)

Whatever may be lost during the marriage, in any game of chance, or in 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 and conjugal partnership. (Article 95;Article 123, Family Code)
Ownership,
Administration, and
Articles 96 to 98 Articles 124-125 Article 145
Enjoyment
General Rule: The administration and enjoyment General Rule: The administration and Each spouse shall own, dispose of, possess,
of the community property shall belong to both enjoyment of the conjugal partnership administer and enjoy his or her own separate
spouses jointly. shall belong to both spouses jointly. estate, without need of the consent of the other.

In case of disagreement, the husband’s 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.
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 In the event that one spouse is
administration of the common properties, the incapacitated or otherwise unable to
other spouse may assume sole powers of participate in the administration of the
administration. conjugal properties, the other spouse may
assume sole powers of administration.
❖ These powers do not include disposition
or encumbrance without authority of the ❖ These powers do not include
court or the written consent of the other disposition or encumbrance
spouse. without authority of the court or
the written consent of the other
❖ In the absence of such authority or spouse.
consent, the disposition or encumbrance
shall be void. However, the transaction ❖ In the absence of such authority or
shall be construed as a continuing offer consent, the disposition or
on the part of the consenting spouse and encumbrance shall be void.
the third person, and may be perfected as However, the transaction shall be
a binding contract upon the acceptance by construed as a continuing offer on
the other spouse or authorization by the the part of the consenting spouse
court before the offer is withdrawn by and the third person, and may be
either or both offerors. 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.
Disposition Article 97. Either spouse may dispose by will of Article 125. Neither spouse may donate any
his or her interest in the community property. conjugal partnership property without the
consent of the other. However, either
spouse may, without the consent of the
Article 98. Neither spouse may donate any other, make moderate donations from the
community property without the consent of the conjugal partnership property for charity or
other. on occasions of family rejoicing or family
distress.
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 distress.
Dissolution Article 99 Article 126

(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 Articles 134 to 138.

(5) Upon filing of an affidavit of reappearance of the absent spouse. (Article 42, paragraph 2,
Family Code)
Effect of Separation de General Rule: It shall not affect the property regime.
facto between the husband
and the wife
Exceptions:
(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;
 (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.

Effect on Abandonment
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.
Liquidation The absolute community property or the conjugal partnership is considered dissolved only
upon the issuance of the judicial decree of separation, not at the moment when the parties
enter into a compromise agreement in the course of the proceedings for separation of property.
(1) An inventory shall be prepared, listing (1) An inventory shall be prepared, listing
separately all the properties of the absolute separately all the properties of the conjugal
community and the exclusive properties of each partnership and the exclusive properties of
spouse. 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.
(2) Amounts advanced by the conjugal
partnership in payment of personal debts
and obligations of either spouse shall be
credited to the conjugal partnership as an
asset thereof.

(3) Each spouse shall be reimbursed for the

(3) Whatever remains of the exclusive properties use of his or her exclusive funds in the
of the spouses shall thereafter be delivered to acquisition of property or for the value of
each of them. his or her exclusive property, the ownership
of which has been vested by law in the
conjugal partnership.
(4) The net remainder of the properties of the
absolute community shall constitute its net
assets, which shall be divided equally between (4) The debts and obligations of the
husband and wife, unless a different proportion conjugal partnership shall be paid out of the
or division was agreed upon in the marriage conjugal assets. In case of insufficiency of
settlements, or unless there has been a voluntary said assets, the spouses shall be solidarily
waiver of such share provided in this Code. For liable for the unpaid balance with their
purpose of computing the net profits subject to separate properties, in accordance with the
forfeiture in accordance with Articles 43, No. (2) provisions of paragraph (2) of Article 121.
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 (5) Whatever remains of the exclusive
celebration of the marriage and the market value properties of the spouses shall thereafter be
at the time of its dissolution. delivered to each of them.

(5) The presumptive legitimes of the common (6) Unless the owner had been indemnified
children shall be delivered upon partition, in from whatever source, the loss or
accordance with Article 51. deterioration of movables used for the
benefit of the family, belonging to either
spouse, even due to a fortuitous event, shall
 (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 in no
such majority, the court shall decide, taking into
consideration the best interests of said children.
Where and When to Upon termination of the marriage by death, the community property or conjugal partnership
be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal
partnership properties shall constitute the
profits, 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 or
forfeiture of such share as provided in this
Code.
(8) The presumptive legitimes of the
common children shall be delivered upon
the partition in accordance with Article 51.
(9) In the partition of the properties, the
conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed upon
by the parties, 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.
Liquidate 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 extra-judicially within six months from the death of the
deceased spouse.

If upon the lapse of the six-month period no liquidation is made, any disposition or
encumbrance involving the conjugal partnership 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.
Liquidation of Community Whenever the liquidation of the community properties of two or more marriages contracted by
Properties of two or more the same person before the effectivity of this Code is carried out simultaneously, the respective
marriages contracted by capital, fruits and income of each community shall be determined upon such proof as may be
the same person 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.
Article 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
matters which are not expressly determined in
this Chapter.

PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

 Article 147 Article 148

As to applicability The provision applies to parties who are
capacitated to marry each other, but live
exclusively with each other as husband and
wife without the benefit of marriage or under a
void marriage.
The provision applies to parties who are
incapacitated to marry due to some legal
impediments. (i.e. adulterous relationships
and marriages which are bigamous,
incestuous, or void by reason of public policy
under Article 38).

As to Salaries and Wages Owned in equal shares Separately owned by the parties. If any of
them is married, his/her salary is the property
of the Absolute Community Property or
Conjugal Partnership of the legitimate
marriage.

As to Property Acquired by
Both Spouses through
Governed by the rules on co-ownership. Owned by them in common proportion to their
their Work/Industry
respective contributions.
As to Property Acquired Presumed to be obtained by their joint efforts, No presumption of joint acquisition. When
While Living Together work, or industry and shall be owned by them there is evidence of joint acquisition but none
in equal shares. as to the extent of actual contribution, there is
a presumption of equal sharing.
 Even if one party did not participate in the
acquisition of any property, efforts in the care
The same rule applies to joint deposits of
and maintenance of the family and household
money and evidences of credit.
are considered contributions.
As to forfeiture When only one of the parties to a void (1) If one of the parties is validly married
marriage is in good faith, the share of the party to another, his or her share in the co-
in bad faith shall be forfeited: ownership shall accrue to the
Community Property or the Conjugal
Partnership of Gains existing in such
1. In favor of their common valid marriage;
children; (2) .If the party who acted in bad faith is
2. In case of default or waiver by not validly married to another, his/her
any or all common children or share shall be forfeited in the same
their descendants each vacant manner provided for in Article 147; or
share shall belong to the (3) The above rules apply even if both
respective surviving parties are in bad faith.
descendants; or
3. In their absence, to the innocent
party.

In all cases, forfeiture takes place upon

termination of cohabitation.