Absolute Community Property Difference Conjugal Partnership of Gains

Default under FC, in the absence of marriage Default Property Default under the Civil Code
settlement/regime agreed is void regime
Art. 88 – commence @ the precise moment Art. 88 – commence @ the precise moment that
that the marriage is celebrated. Any stipulation Commencemen the marriage is celebrated. Any stipulation for the
for the commencement of the regime at any t commencement of the regime at any other time
other time shall be void shall be void
Art. 91 – all the property owned at the time of Art. 106 – H&W place in a common fund the ff:
marriage or acquired thereafter (unless  Proceeds, products, fruits & income from
otherwise provided) their separate properties
Art. 95 – winnings from gamblings  Those acquired by either/both spouses
thru their efforts or by chance
 Upon dissolution of marriage/partnership,
net gains/benefits obtained by either/both
shall be divided equally between them
(unless otherwise agreed in marriage
settlements)
Art 117 – the ff. are CP prop.:
 Acquired by onerous title during the
marriage @ the expense of the common
fund (whether the acquisition be for the
partnership/for only one of the spouses)
 Obtained from the labor, industry,
work/profession of either/both spouses
 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
 Share of either in the hidden treasure w/c
the law awards to the finder/owner of the
prop. where the treasure is found
 Acquired thru occupation such as
What fishing/hunting
Constitutes  Livestock existing upon dissolution of
partnership in excess of number of each
kind brought to the marriage by either
spouse
 Acquired by chance (winnings from
gambling or betting). [however, losses shall
be borned exclusively by the loser
Including (FC):
Art 118 - Property bought on installments paid
partly from exclusive funds of either spouses and
partly from conjugal funds, if full ownership was
vested DURING the marriage (subj to
reimbursement upon liquidation of partnership)
Art 119 - Interest falling due DURING the
marriage, accruing from a credit payable to the
spouse (but the principal belongs exclusively to the
creditor-spouse)
Art 120 - Ownership of improvements (whether for
utility or adornment) on the separate property of the
spouses at the expense of the partnership or
through the acts/efforts of either or both spouses
belong to the CPG OR the owner-spouse subject to
reimbursement
Art. 92 Art. 109 – the ff. shall be exclusive property:
 Acquired by gratuitous title + fruits &  Brought to the marriage as his/her own
income thereof (unless otherwise  Each acquires during the marriage by
provided) gratuitous title (only the property is
 For personal & exclusive use (except excluded but its fruits belong to the CPG)
jewelry)  Acquired by right of redemption, by bater
 Acquire before the marriage by either or by exchange w/ property belonging to
who has legit descendants by a only one of the spouses
former marriage + fruits & income (if Exclusions  Purchased w/ exclusive money of
any) wife/husband
Also:
Art. 122
 Payment of personal debts of H/W
before/during the marriage which has NOT
redounded to the benefit of the family
 Fines and pecuniary indemnities imposed
upon the H/W
Art. 90, FC. The provisions on CO- Art. 108, FC - The conjugal partnership shall be
OWNERSHIP shall apply to the absolute governed by the rules on the CONTRACT
community of property between the spouses OF PARTNERSHIP in all that is not in conflict with
in all matters not provided for in this Chapter. Suppletory Rule what is expressly determined in this Chapter or by
(simply divide by 2) the spouses in their marriage settlements.

*still have to worry about who uses, who pays, etc.

Art. 93 – acquired during the marriage is Art. 116 – All property acquired during the
presumed to belong to the community (unless marriage, whether the acquisition appears to have
it is one of those excluded therefrom) Presumption been made, contracted or registered in the name of
one or both spouses, is presumed to be conjugal
unless the contrary is proved.
Art. 94 – liable for: Art. 121 – liable for:
1. Support of spouses, common kids, & 1. Support of the spouse, common kids, &
legit kids of either. (support of illegit = legit kids of either spouse (support of illegit
governed under Support) = governed under Support)
2. Debts & obligs. contracted by 2. Debts & obligs. contracted by designated
designated spouse during the spouse during the marriage for the benefit
marriage for the benefit of the of the conjugal partnership, or by both or
community, or by both or by one w/ by one w/ consent of the other
consent of the other 3. Debts & obligs. contracted by either w/o
3. Debts & obligs. contracted by either consent of the other to the extent that the
w/o consent of the other to the extent family may have been benefitted
that the family may have been 4. All taxes, liens, charges & expenses
benefitted (including major&minor repairs) upon
4. All taxes, liens, charges & expenses conjugal partnership property
(including major&minor repairs) upon 5. All taxes & expenses for mere preservation
Charges
community property made during marriage upon the separate
5. All taxes & expenses for mere property of either spouse
NOTE: Art. 94
preservation made during marriage 6. Expenses to enable either to
(5) vs. Art. 121
upon the separate property of either commence/complete a
(5)
used by the family professional/vocational course or other
6. Expenses to enable either to activity for self-improvement
Art. 94 has #9
commence/complete a 7. Antenuptial debts of either insofar as they
while Art. 121
professional/vocational course or have redounded to the family’s benefit
has no such
other activity for self-improvement 8. Value of what is donated/promised by both
provision. Such
7. Antenuptial debts of either insofar as in favor of their common legit kids for the
provision for
they have redounded to the family’s exclusive purpose of commencing
CPG is found in
benefit /completing a professional/vocational
Art. 122.
8. Value of what is donated/promised by course
both in favor of their common legit 9. Expenses of litigation between the spouses
kids for the exclusive purpose of (unless suit is groundless)
commencing/completing a Note: if ACP is insufficient (except under. Par. 9),
professional/vocational course the spouses shall be solidarily liable for the unpaid
9. Antenuptial debts of either other than balance w/ sep. prop.
those falling under par. 7; support of Including:
illegit kids & liabilities incurred by Art. 122 - Payment of personal debts of H/W
either by reason of a crime. (in case before/during the marriage insofar as they
of absence/insufficience of debtor- redounded to the benefit of the family.
spouse’s exclusive prop., ; payment of Art. 122 - Personal debts, fines and indemnities,
w/c shall be considered as advances support of illegitimate children of either spouse,
to be deducted from debtor’s share may be enforced against the partnership upon the
upon liquidation) ff conditions:
10. Expenses of litigation between the  After responsibilities in Art. 121 are paid
 spouses (unless suit is groundless)  If the spouse has no exclusive property /
Note: if ACP is insufficient (except under. Par. sufficient property
9), the spouses shall be solidarily liable for the Provided that these will be charged to the spouse
unpaid balance w/ sep. prop. upon liquidation
 
Art. 96 Art. 124
 The administration & enjoyment shall  The administration & enjoyment shall
belong to both spouses jointly belong to both spouses jointly
 In case of disagreement, husband’s  In case of disagreement, husband’s
decision shall prevail (subj. to decision shall prevail (subj. to recourse by
recourse by the wife for a proper the wife for a proper remedy) w/c must be
remedy) w/c must be availed w/in 5 availed w/in 5 yrs. from the date of the
yrs. from the date of the contract contract
 In the even one is incapacitated, other  In the even one is incapacitated, other may
may assume sole powers (don’t assume sole powers (don’t include powers
include powers of of disposition/encumbrance w/o court
disposition/encumbrance w/o court authority or other spouse’s written consent)
authority or other spouse’s written  in the absence of authority/consent,
consent) disposition/encumbrance shall be void.
 in the absence of authority/consent, However, the transaction shall be
disposition/encumbrance shall be construed as a continuing offer on the part
void. However, the transaction shall of consenting spouse & 3rd person & may
be construed as a continuing offer on be perfected as a binding contract upon
Ownership,
the part of consenting spouse & 3rd the other’s acceptance or court’s
administration &
person & may be perfected as a authorization before the offer is withdrawn
enjoyment
binding contract upon the other’s by either/both offerors
acceptance or court’s authorization Art. 142 - The administration of all classes of
before the offer is withdrawn by exclusive property of either spouse may be
either/both offerors transferred by the court to the other spouse:
 When one spouse becomes
the guardian of the other
 When one spouse is judicially declared
an absentee
 When one spouse is sentenced to a
penalty which carries with it civil
interdiction
 When one spouse becomes a fugitive from
justice or is in hiding as an accused in a
criminal case
If the other spouse is not qualified by reason of
incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to
be the administrator
Art. 100 (3) – in the absence of sufficient Art. 127 (3) - In the absence of sufficient conjugal
community property, the separate property of partnership property, the separate property of both
both spouses shall be solidarily liable for the spouses shall be solidarily liable for the support of
Support (in
support of the family. The spouse present the family. The spouse present shall, upon petition
case of
shall, upon proper petition, be given judicial in a summary proceeding, be given judicial
separation in
authority to administer any specific separate authority to administer or encumber any specific
fact bet. H&W)
property of the other & use the fruits/proceeds separate property of the other spouse and use the
thereof to satisfy the latter’s share. fruits or proceeds thereof to satisfy the latter's
share.
Art. 99 Art. 126
 upon death of either spouse  upon death of either spouse
 when there is a decree of legal  when there is a degree of legal separation
separation  when the marriage is annulled or declared
Termination
 marriage is annulled or declared viod void
 in case of judicial sep. of prop. during  in case of judicial sep. of prop. during
marriage under Arts. 134-138 marriage under Arts. 134-138

Art. 102 Procedure: Art. 129 Procedure:

1. preparation of inventory (list 1. preparation of inventory (list separately all
separately all ACP properties and Dissolution CPG properties and exclusive properties of
exclusive properties of each spouse) each spouse)
2. debts & obligs. shall be paid out of its NOTE: Art. 102 2. amounts advanced in payment of personal
assets (in case of insufficiency, (5) and Art. 129 debts & obligs. of either spouse shall be
spouses shall be solidarily liable for (8) apply only in credited to CPG as an asset
the unpaid balance w/ their sep. prop. Articles 40 and 3. each spouse shall be reimbursed for the
in accordance with Art. 94 [2]) 45. use of his/her exclusive funds in the
3. whatever remains of exclusive acquisition of property/for the value of
properties shall be delivered to each his/her exclusive property, the ownership
 of them of w/c has been vested by law
4. net remainder of ACP shall constitute 4. debts & obligs. shall be paid out of its
its net assets (divided equally bet. assets (in case of insufficiency, spouses
H&W [unless a different division was shall be solidarily liable for the unpaid
agreed upon/unless there has been a balance w/ their sep. prop. in accordance
voluntary waiver of such share]). For with Art. 121 [2])
purposes of computing the net profits 5. whatever remains of the exclusive
subj. to forfeiture in accordance w/ properties shall thereafter be delivered to
Arts. 43(2) & 63(2), the said profits them
shall be the increase in value between 6. unless the owner had been indeminified
the market value @ time of from w/e source, the loss/deterioration of
celebration & the market value @ time movables used for the benefit of the family
of dissolution belonging to either spouse, even due to
5. the presumptive legitimes of common fortuitous event, shall be paid to said
kids shall be delivered upon partition, spouse from the conjugal funds if any
in accordance w/ Art. 51 7. the net remainder of the CPG shall
6. conjugal dwelling & lot shall be constitute the profits, w/c shall be divided
adjudicated to the spouse w/ whom equally bet. H&W, unless a different
the majority of the common kids proportion/division was agreed
choose to remain (unless otherwise upon/unless there had been a voluntary
agreed upon). Kids below 7y.o. go w/ waiver/forfeiture of share
mom (unless court decided 8. the presumptive legitimes of common kids
otherwise). In case there is not shall be delivered upon partition, in
majority, the court shall decide, taking accordance w/ Art. 51
into consideration the best interests of 9. conjugal dwelling & lot shall be adjudicated
the kids. to the spouse w/ whom the majority of the
common kids choose to remain (unless
Formula: Net proceeds = Net Assets/2 otherwise agreed upon). Kids below 7y.o.
go w/ mom (unless court decided
otherwise). In case there is not majority,
the court shall decide, taking into
consideration the best interests of the kids.
No such proof In Articles 106, 115, 118, 119, 120, it may be
Proof proved whether the property belongs to the CPG or
is an exclusive property of the spouse

Art. 147 Art. 148

1. man and woman 1. man and woman
2. living together as husband and 2. living together as husband and
wife wife
3. with capacity to marry (Art. 5 3. NOT capacitated to marry
without any legal impediment) (Art.35(1) under 18 years old)
 at least 18 years old 4. adulterous relationship (e.g.
Applicability
 not Art. 37 (incestuous void concubinage)
marriage) 5. bigamous/polygamous marriage
 not Art. 38 (void marriage by (Art.35(4))
reason of public policy) 6. incestuous marriages under Art.37
 not bigamous 7. Void marriages by reason of
4. other void marriages public policy under Art.38
Exclusively owned;
Salaries & Wages Owned in equal shares married party  property of CPG of
legitimate marriage
Properties acquired thru exclusive Remains exclusive provided there is
Remains exclusive
funds proof
Properties acquired by both through Owned in common in proportion to
Governed by rules on co-ownership
work or industry respective contribution
  Owned in equal shares since it is
presumed to have been acquired
through joint efforts Presumed to be equal; however,
Properties acquired while living  if one party did not participate in proofs may be shown to show that
together acquisition, presumed to have their contribution and respective
contributed through care and shares are not equal
maintenance of family and
household
If one party is validly married to
When only one of the parties is in
another:
good faith, the share of the party in
- his/her share in the co-owned
bad faith shall be forfeited:
properties will accrue to the
1. In favor of their common children
ACP/CPG of his/her existing valid
2. In case of default of or waiver by
marriage
any or all of the common
Forfeiture in case one party is in bad
children or their descendants,
faith If the party who acted in bad faith is
each vacant share shall belong
not validly married to another, his/her
to the respective surviving
share shall be forfeited in the same
descendants
manner as that provided in Art 147
3. In the absence of such
descendants, such share
The same rules on forfeiture shall
belongs to the innocent party
apply if both parties are in bad faith