TITLE III RIGHTS AND OBLIGATIONS BETWEEN SPOUSES ARTICLE 68. EMO  Covers: 1. Marital Cohabitation 2. Sexual Relations 3.

Mutual Love, Respect & Fidelity 4. Mutual Help & Support  Only Support is legally enforceable.  1-3 have remedies  Marital Rape – Article 266-A as amended by RA 8353 o Carnal knowledge of a woman through the use of force, threat, intimidation o Sexual Assault –rape of a man o Punished as well by RA 9262 – Anti Violence Against Women and their Children o Forgiveness by wife extinguishes criminal liability for marital rape  Claim for Damages o No compulsion except for support unless PR is CSP ARTICLE 69. FAMILY DOMICILE  General Rule: Husband & Wife will fix it but they should live together  If there is disagreement, court will decide  Exception: o Either spouse works abroad o Or some compelling reason o Exception to the Exception:  Incompatible with Family Solidarity ARTICLE 70. ORDER OF PROPERTY LIABILITY  Order: 1. Shared property 2. Income or fruits of separate properties 3. Separate properties

ARTICLE 72. 

NEGLECT OF EMO AND ACTS BRINGING DANGER, INJURY OR DISHONOR TO FAMILY

Covers: 1. Receivership 2. Judicial separation of property 3. Sole administratorship 4. Annulment 5. Legal Separation 6. JDN 7. Damages under Abuse of Rights – ARTICLE 19-21 8. Injunction for further disposition 9. BPO, TPO, PPO under RA 9262 ARTICLE 73. EXERCISE OF PROFESSION W/O CONSENT  General Rule: o Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited – ARTICLE 94 (3)  Legitimate: o Debts incurred in the exercise or pursuit of legitimate profession – presumed to have redounded to the benefit of the family o Debts incurred in isolated incidents – should be proven to have a direct and actual benefit which redounded to the family so that shared property is liable.  If benefit is indirect or speculative or remote, separate property is liable.  Illegitimate: o Spouse who did not give consent objects on valid, serious moral grounds o Rules to Follow:  General Rule:  If benefit accrues to family before objection – separate property is liable  If benefit accrues to family after objection – shared property is liable  Article 94(3) – General Rule for ACP  Article 121(3) – General Rule for CPG

ARTICLE 71.

FAMILY EXPENSES & MANAGEMENT OF HOUSEHOLD

morals.TITLE IV PROPERTY RELATIONS BETWEEN SPOUSES – GENERAL PROVISIONS ARTICLE 74. Provisions of FC a. Mortgage was used personally by A and did not redound to the family’s benefit. MINORS ARTICLE 79. shared property cannot be touched since benefit did not accrue to the family  If benefit redounded to family. A married B in 2013. In case it’s still insufficient. PROVISIONS OF MARRIAGE SETTLEMENT  General Rule: o Spouses can specify any property regime as long as it is not contrary to law.Article 94(9) ARTICLE 78.  No MS o Mortgage is registered  ACP is liable o Mortgage is not registered  Since A has impaired the collateral. Statute of Frauds  Must be signed by the parties  Must be registered in the appropriate property registries rd o To bind 3 parties  Situation: A has a mortgage on his personal property in Basak Pardo from Bank 1 in 2010. Local Customs ARTICLE 75. FORMALITIES OF MARRIAGE SETTLEMENT & MODIFICATIONS  Must be written – for validity and enforceability o Article 1403 (2) (c). MODIFICATIONS TO MARRIAGE SETTLEMENT  General Rule: o Must be made before marriage  Exception: o Article 66 & 67  Legal Separation o Article 128  Judicial Separation of Property of CPG due to abandonment or failure to comply with EMO o Article 135  Statutory Judicial Separation of Property o Article 136  Voluntary Judicial Separation of Property ARTICLE 77. shared property can be held liable subject to reimbursement upon liquidation of PR .  If no MS or PR is void: o Before 8/3/88 – CPG o After 8/3/88 – ACP  Exception: st o 1 marriage is dissolved by death and surviving spouse fails to nd liquidate PR before contracting 2 marriage results in a mandatory nd regime of CSP for the 2 marriage  Article 103 – ACP  Article 130. public order and public policy. After 8/3/88 – APC 3. CC). mortgage is immediately demandable (Article 1198. RPC . Before 8/3/88 – CPG b. CIVIL INTERDICTION  Guardian must be a party to MS for MS to be valid  Civil Interdiction – Article 34.CPG ARTICLE 76. If A’s exclusive property is insufficient. ACP can be held liable subject to reimbursement upon liquidation of PR  Spouses have MS o MS specifies that Basak property is exclusively A’s property but MS not registered  Bank 1 can run after shared property subject to reimbursement upon liquidation of PR o MS specifies that Basak property is exclusively A’s property and MS is registered  Bank 1 cannot run after shared property. Bank 1 can run after other exclusive properties of A. ORDER WHICH GOVERNS PROPERTY RELATIONS  Order: 1. Marriage Settlement (MS) 2.

CC) o Non-celebration of marriage renders DPN revocable – Article 86(1) Donations of future property o Has to be between spouses  DNP is contained in MS  Regular rules apply  DNP is in separate deed of donation  General Rule: o Must be entirely handwritten. DEFINITION OF DPN  Requisites: o Must be made before marriage o In consideration of the same o Must be in favor of one or both spouses  Forms: o Contained in the MS o Contained in separate Deed of Donation  Parties rd o 3 party donations o Between spouses ARTICLE 83. Inofficious donations not allowed – compulsory heirs are protected  DPN is rendered void on non-celebration of marriage – Article 81 o DNP is contained in separate deed of donation  MS must be valid  MS must specify a PR other than ACP  1/5 limitation does not apply. LIMITATIONS ON DPN  DPNs between spouses o DNP is contained in MS  MS must be valid  MS must specify a PR other than ACP  1/5 limitation applies. MS is void  Exception: o Certain provisions that can stand outside marriage and is not dependent on the same remain valid ARTICLE 84.  . o If no MS or not specified:  Governed by Philippine law  Exceptions:  Both spouses are aliens  Extrinsic validity of contract executed abroad and property located abroad  Contract executed in the Philippines but property is abroad and such place requires different formalities for extrinsic validity o Acceptance must also be in a public document. SUPPLETORY APPLICATION OF TITLE 111 OF BOOK 111. CC)  General Rule: o Provisions in MS will be followed. LEX RAE SITAE – CONFLICT OF LAWS RULE ON PR (Article 16.ARTICLE 80. CC  Donation of personal property o 5k or less – donation and acceptance can be made orally or in writing  Oral – requires simultaneous delivery of the thing or the document representing the right donated o More than 5k – donation and acceptance must be in writing  Donation of Real Property o Must be in a public instrument. EFFICACY OF MS  General Rule: o Non-celebration of marriage. o Does not requires ACP as PR o 1/5 limitation does not apply as long as donor leaves enough to support himself and his family who are dependent on him at time of donation – Article 750. CC) rd DONATION PROPTER NUPTIAS ARTICLE 82. Inofficious donations not allowed  Non-celebration of marriage renders DPN revocable – Article 86(1)  3 party donations o No need for valid MS o Needs a separate deed of donation. dated and signed by donor – Article 810. rules on Testamentary Dispositions will govern – Article 805 to 806. CC  Exception: o If not entirely handwritten. Cannot be included in MS. either the same deed of donation or in a separate public instrument ARTICLE 81.

Marriage is declared void:  General Rule:  DPN is revocable regardless of WON donee acted in bad faith o Prescriptive Period: 5 years from the date when JDN becomes final and executory  Exceptions:  Void under Article 40 (lack of JDN) o Bad faith – revoked by operation of law BVO Article 50 IRT to Article 43(3)  If donee refuses to return donated property – donor can file action for recovery  Personal property – 8 years BVO Article 1140. 5. Non-celebration of marriage  DPN between spouses is contained in MS – void IRT Article 81  Prescriptive Period: Does not prescribe  DPN is in separate deed of donation – revocable IRT Article 86(1)  Prescriptive Period: 5 years from date of noncelebration of marriage 1. CC Compliance with Resolutory Condition of DPN  2 kinds of conditional obligations:  Suspensive Condition – obligation does not arise unless the condition is complied with  Resolutory condition – obligation arises but when resolutory condition is complied with. CC  Real property.30 years BVO Article 1141. 4. CC  Void under Article 44 IRT to Article 41 (JD of Presumptive Death) o Bad faith – revoked by operation of law BVO Article 43(3)  If donee refuses to return donated property – donor can file action for recovery  Personal property – 8 years BVO Article 1140.ARTICLE 85. Real property. CC  Void due to Bigamy or Polygamy under Article 35(4) o Void BVO Article 739. CC 2. Valid – pure liberality of donor  In case of loss – donor is liable  In case of income – donee gets income ARTICLE 86. CC  Article 730. REVOCATION OF DPN  Grounds: 1. the obligation is extinguished  General Rule:  Revocable when resolutory condition is complied with  Prescriptive Period:  . CC – also applies to donations between parties who are guilty of adultery or concubinage Marriage is void because of lack of parental consent BVO Article 35(1)  General Rule:  Revocable  Does not require JDN  Prescriptive Period:  5 years from time donor had knowledge of such ground Marriage is declared annulled  Under Article 86(2) – revocable  Under Article 50 IRT to Article 43(3) – IS MORE CONSISTENT WITH THE SPIRIT OF THE LAW: PUNISH THE GUILTY DONEE  General Rule: o Valid  Exception: o Donee is in Bad Faith – revoked by operation of law Legal Separation  General Rule:  Revocable if donee is in bad faith  Exception:  Voidable due to Sexual Infidelity involving adultery and concubinage: o Void BVO Article 739. 3. DPN OF PROPERTY WITH ENCUMBRANCE  General Rule: 1.30 years BVO Article 1141.

DPN between spouses – does not prescribe BVO Article 1109. CC o After – void BVO Article 766.5 years from date of compliance Donee Commits Acts of Ingratitude  Article 765. CC  ARTICLE 87. even though he should prove it. CC rd  3 party donation. CC specifies the acts of ingratitude:  If donee commits an offense against the person. or of his wife or children under his parental authority  If donee imputes to the donor any criminal offense or any act involving moral turpitude. his wife or his children under his parental authority  If donee refuses to support donor when donee is legally or morally bound to give support to the donor  Prescriptive Period:  1 year from date when donor acquired knowledge about such act of ingratitude  Rule on encumbrances  General Rule: o Encumbrances before complaint of revocation is noted in the property registry shall remain valid BVO Article 769. unless the crime or act has been committed against the donee.6. Donations During Marriage – NOT DPN  Between spouses and common law marriages o General Rule:  Void since spouses are prohibited from donating to each other – Article 87 o Exception:  Moderate donations on occasion of family rejoicing  Moderate donations on occasion of family distress rd  Donation to 3 party o General Rule:  Requires consent from both spouses o Exception:  Moderate donations to charity  Donation from spouses to common children o General Rule:  Requires consent from both spouses o Exception:  Moderate donations on occasion of family rejoicing  Moderate donations on occasion of family distress . honor or property of donor.

Maria’s Contention:  Property acquired using exclusive property becomes part of ACP  The law is very clear. WHAT CONSTITUTES ACP  General Rule: o All property owned by either spouse at the time of celebration of marriage and those acquired during marriage o What is yours is mine and what is mine is yours o All that is brought into the marriage and acquired during marriage belongs to ACP  Exceptions: o Contractual Exclusions:  Those properties expressly stipulated as exclusive property of owner spouse in the MS o Statutory Exclusions:  Those listed in Article 92  These statutory exclusions cannot be stipulated to form part of ACP by the spouses in the MS – such stipulation is contrary to law and will be null and void ARTICLE 92.  Article 93 states that any property acquired during marriage is presumed to be common unless proven to be otherwise BVO of Article 91 and 92. SHARES AND EFFECTS OF ACP  General Rule: o No waiver is allowed during marriage – RIGHTS ARE MERELY INCHOATE DURING MARRIAGE  Exception: o When there is judicial separation of property  Effect of waiver on creditors: o Waiver needs to be recorded in a public instrument and registered in the appropriate property registry o Creditors of spouse who made the waiver may petition court to rescind waiver only to the extent of the amount sufficient enough to cover such liability ARTICLE 90. The contractual and statutory exclusions are an exclusive list – any property not agreed upon to be exclusive in the MS and any property not covered under Article 92 is common. COMMENCEMENT OF ACP  ACP commences at the precise moment the marriage is celebrated – time and date  Any stipulation providing otherwise is void  Alien who married a Filipino cannot have any share in the ACP or CPG ARTICLE 89.GEP rd o Gratuitous Title from 3 party donor – pure liberality and generosity of donor – donation or inheritance acquired DURING marriage  General Rule:  Properties acquired by either spouse during the marriage through gratuitous title as well as income and fruits from such shall form part of ACP  Exception:  Unless donor specifies that such property as well as income and fruits shall be part of ACP o Exclusive and Personal Use  General Rule:  Properties for the exclusive and personal use of either spouse shall remain exclusive and separate  Exception:  Jewelry and other items that are beyond the means of the ACP o Properties from previous marriage  Property acquired before the marriage by either spouse who has LEGITIMATE DESCENDANTS by a previous marriage as well as the fruits and income of such property shall remain exclusive Property acquired through the use of exclusive funds o Sta.ABSOLUTE COMMUNITY OF PROPERTY ARTICLE 88. WAIVER OF RIGHTS. PRESUMPTION OF ACP  General Rule: o Properties acquired during marriage is presumed to belong to ACP  Exception: o Unless it is proven to be a contractual or statutory exclusion . SUPPLETORY APPLICATION OF RULES ON CO-OWNERSHIP ARTICLE 91. nd o 2 View: Property acquired using exclusive property should remain exclusive  ARTICLE 93. INTERESTS. STATUTORY EXCLUSIONS  These will be exclusive properties of owner spouses .

ARTICLE 94. ACP shall be held liable for such but such payment is considered as an advance to be deducted from share of debtor-spouse upon liquidation of PR  Ante-nuptial debts of either spouse not redounding to the benefit of the family  Support of illegitimate children of either spouse  Liabilities incurred by either spouse arising from o Crime o Quasi-delict o Litigation expenses incurred by either spouse for suits filed by the other  Exception:  If suit is groundless. BETTING AND GAMBLING  General Rule: o Any loss shall be borne out of the separate property of loser-spouse o Any gain shall belong to the ACP  Exception: o When winning ticket was given gratuitously and donor specifies that any gain shall form part of ACP ARTICLE 96. SWEEPSTAKES. o In case of disagreement:  husband’s will prevails subject to wife’s recourse to the court  Wife must file for revocation/injunction (as the case may be) within 5 years from date of implementation of such contract she is objecting to . charges and expenses upon shared property  Includes minor and major repairs o All taxes and expenses for mere preservation of separate property  Incurred during marriage  Separate property is being used by the family o Expenses to enable either spouse to commence or complete  Professional or vocation course  Other activity for self-improvement o Ante-nuptial debts of either spouse which redounded to the benefit of the family o Donation or expense incurred in favor of the common children exclusively for  Commencing or completing a professional or vocational course  Other activity for self-improvement o In case of insufficiency of exclusive property of spouse concerned in the following cases. ACP liabilities will be satisfied from:  Income or fruits of separate properties of spouses  Separate properties of spouses o Exception:  Not applicable for the following (PERSONAL)  Ante-nuptial debts of either spouse not redounding to the benefit of the family  Support of illegitimate children of either spouse  Liabilities incurred by either spouse arising from o Crime o Quasi-delict – Article 2176. CC  ARTICLE 95. spouse who instituted action is liable with his/her exclusive property Solidary liability of spouses o General Rule:  If ACP is insufficient. GAMES OF CHANCE. liens. CHARGES UPON AND OBLIGATIONS OF ACP  ACP shall be liable for: o Support  Of the spouses  Their common children  Legitimate children of either spouse from previous marriage o Debts and Obligations contracted during marriage  By designated administrator spouse for the benefit of the family  By both spouses  By either spouse with the consent of the other o Debts and Obligations contracted by either spouse without the consent of the other spouse  To the extent that the family may have been benefited o All taxes. ADMINISTRATION OF ACP  General Rule: o Joint – husband and wife  Exception: o MS stipulates sole administratorship to one of the spouses  Disposition or Alienation of ACP o General Rule:  Spouses must agree and consent to such otherwise it will be void.

TERMINATION OF ACP  ACP shall be terminated on: o Death o Decree of LS o Marriage is declared void or annulled o Judicial Separation of Property during marriage under Articles 134 to 138  JSP during marriage kinds  Voluntary – Article 136 Statutory – Article 135  Civil Interdiction  Absentee spouse  Loss of Parental Authority  Abandonment and Failure to Comply with FO  Abuse of Administratorship  Separation in Fact ARTICLE 100. DISPOSITION BY WILLOF INTEREST IN SHARED PROPERTY  Not absolute  Must leave legitime for compulsory heirs  Only share or interest in ACP can be disposed by will and not any specific ACP o Inchoate – vests only on liquidation ARTICLE 98. SEPARATION IN FACT  General Rule: o ACP is not affected  Exception: o Spouse who leaves conjugal dwelling without just cause is not entitled to support o Transactions requiring consent of both spouses in order to pay ACP liabilities – consent of either spouse can be secured through court authorization IRT Article 239 to 248 o Insufficiency of ACP to pay off ACP liabilities . If wife disposes without the knowledge and consent of husband  Disposition is null and void  Creditor can sue under the principle of unjust enrichment – Article 22. DONATION OF SHARED PROPERTY  General Rule: o Donation of shared property needs consent of both spouses  Exception: o Does not need consent of other spouse  Moderate donations for charity  Moderate donations on occasion of family rejoicing  Moderate donations on occasion of family distress ARTICLE 99.present spouse can petition court so he/she will be given judicial authority to administer or encumber separate properties of other spouse and use proceeds to satisfy latter’s share in ACP liability  . o ARTICLE 97. CC o If wife disposes with the knowledge but without husband’s consent  Husband can file for:  Unenforceability of disposition – without husband’s authority  Nullity – contrary to law Incapacity of one spouse to participate in the administration of ACP o General Rule:  Capacitated spouse may file for SOLE ADMINISTRATORSHIP but such appointment does not include power to dispose or encumber the ACP o Exception:  Administrator spouse secures:  written consent from capacitated but nonparticipating spouse  court authorization in case of incapacitated spouse o To dispose of shared property to pay off ACP liabilities o Disposition or Alienation of ACP by Administrator spouse  General Rule:  Requires consent from both spouses. o But the transaction is considered as continuing offer on the part of consenting spouse and the third party o It may be rectified by the eventual consent of the other spouse or approval of the court o Once the consent of the other spouse is given:  It will validate the contract  But the effect of the consent or approval of the court will not retroact to the time of the transaction because a void contract cannot be ratified  Essentially a new contract is created at the time of consent and approval of the court. Lack of consent renders such transaction VOID.

ABANDONMENT AND FAILURE TO COMPLY WITH FO  General Rule: o Aggrieved spouse may petition the court for:  Receivership  Judicial separation of property  Sole administration  Abandonment – spouse leaves conjugal dwelling for at least 3 months or has failed to provide info on his whereabouts within the same period ARTICLE 102.  Exception:  If there is only one heir. & 55 – net profits  Will follow Article 43(3) o Delivery of presumptive legitimes to common children o Conjugal dwelling shall be adjudicated to the spouse whom majority of the children choose to stay  Judgment > Liquidation > Issuance of Judicial Declaration o Liquidation of ACP or CPG is a sine non qua condition for the issuance of:  Article 40  Judicial Declaration of Nullity for marriages  Article 45  Judicial Declaration of Annulment under  Article 55  Judicial Declaration of Legal Separation  Procedure outlined above is only applicable to marriages falling under Articles 40-42 and 45.ARTICLE 101. 40-42. Different liquidation rules and proceedings govern the following: o Article 147  Marriages declared void not falling under Article 40-42 & 45 o Article 148  Marriages declared void involving legal capacity  Article 35(1) IRT Article 4  Marriages void due to minority  Article 35(4)  Bigamous/Polygamous marriages    Article 37  Incestuous marriages Article 38  Void by reason of public policy Article 40  Subsequent marriage in Article 40 Bigamous without JDN ARTICLE 103. LIQUIDATION OF ACP IRT to Article 129 for CPG  Procedure: o Inventory & Segregation o Payment of shared liabilities (solidary)  ACP  Income or fruits from separate properties of spouses  Separate properties of spouses o Remaining exclusive properties will be delivered to owner spouse o Net Assets divided  Marriages under Art. he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds  Judicial Settlement  Effects of Non-Liquidation o Disposition or encumbrance of ACP without liquidation  Null and void – inchoate o Surviving spouse remarries  Mandatory regime of CSP Effects of Death of Spouse o Dissolves the marriage o Terminates ACP  . LIQUIDATION UPON DEATH  General Rule: o Liquidation of PR will be done during the settlement of estate of the deceased  Exception: o If no judicial settlement proceeding is initiated. 45. the heirs are all of age. or the minors are represented by their judicial or legal representatives  agreement must be in a public instrument filed in the office of the register of deeds. they may do so in an ordinary action for partition. surviving spouse is given 1 year to settle the estate  Extra-judicial  surviving spouse and heirs will agree among themselves  requires that: the decedent spouse left no will and no debts.  should they disagree.

 Claims against the ACP after death – ACP has been dissolved by death  General Rule:  All debts against the ACP should be fully paid off during the settlement of the estate of the deceased spouse  Surviving spouse is not liable  Any judgment declaring so is VOID  Exception:  If surviving spouse has committed himself or herself to be solidarily liable for the claim against the ACP ARTICLE 104. Unequal Asset  First Step  Length1 x Asset1 = N1  Length1 x Asset2 = N2  Second Step  Share of first marriage o N1/(N1+N2) x amount at liquidation  Share of second marriage o N2/(N1+N2) x amount at liquidation . Unknown Asset  Pro-rate according to length o Equal Length. Equal Asset  Pro-rate according to length o Unequal Length. Unequal Asset  Pro-rate according to asset o Unequal Length. SIMULTANEOUS LIQUIDATION  Only applicable: o to 2 or more marriages o Contracted by the same person o Liquidated at the same time o Celebrated before 8/3/88  Rules to Follow: o Equal Length. Unknown Asset  Divide equally o Unequal Length.

etc During Marriage – INCHOATE ARTICLE 108.  Exception: o When donor expressly state otherwise o Designation is for determinate properties . manure. WHAT CONSTITUTES CPG  husband and wife place in a common fund the: o proceeds.  The proof of acquisition of the property during the marriage suffices to render the statutory presumption of conjugality to attach ARTICLE 107. etc. industry and work o Properties acquired through occupation  mode of acquisition where a property without any owner is acquired by either spouse (ex.CONJUGAL PARTNERSHIP OF GAINS ARTICLE 105. EXCLUSIVE PROPERTIES IN CPG  Statutory Exclusions under CPG o Any property owned by each spouse at the time of the celebration of the marriage  fruits and income of the exclusive property = Conjugal o Properties acquired during marriage through gratuitous title  General Rule:  Properties acquired through donation or left by will to the spouses jointly with designation of determinate shares are EXCLUSIVE  Exception:  When donor expressly state otherwise  Accretion  General Rule: o If donee spouse does not accept his/her share of the donation.) o Fruits of respective property o anything acquired through their profession. Interest. degrees.  (Ex salaries during the marriage.  The conjugal nature of a property is determined by law and not by the will of one of the spouses.any improvements of principal properties  Natural – piglets. WHEN CPG IS APPLICABLE  When spouses choose CPG in their MS  When marriage is celebrated before 8/3/88 ARTICLE 106. SUPPLETORY APPLICATION PARTNERSHIP OF RULES ON CONTRACTS OF  ARTICLE 109. hunting and fishing) o Properties acquired by chance  Loss – borne by debtor spouse  Winnings – part of CPG since it constitutes income o Livestock  In excess what owner spouse originally owned at time of celebration of marriage o Properties acquired during marriage by onerous title with CPG funds o Damages from illegal detention of exclusive property IF CPG was deprived of the use and earnings thereof o Share of either spouse in hidden treasure – Article 117 o Interest due during marriage – Article 119  on the principal loan given by spouse BEFORE marriage  loan is payable in installments  payment was collected during the marriage Upon dissolution of marriage or CPG o General Rule:  Net gains or benefits obtained by either or both spouses shall be divided equally between them o Exception:  Different division of net gains is stipulated in their MS  No unilateral declaration by one spouse can change the character of a conjugal property. tree growing in land o in excess of what owner spouse originally owned at time of celebration of marriage  Civil – rent of a property and interest of bank deposits  Industrial – building introduced as improvements o those properties acquired by either or both spouses through their efforts o those properties acquired by either or both spouses by chance  SPECIFICALLY the following: o Property acquired during marriage through their joint efforts. fruits and income from their separate properties:  Fruits . products. accretion sets in. COMMENCEMENT AND PROHIBITION ON WAIVER DURING MARRIAGE  Article 88 o CPG commences at the precise moment of celebration of marriage – date and time  Article 89 o Prohibition on Waiver of Share.

Pensionor Gratuity received during marriage  If received gratuitously in pure liberality of the giver as to recognition of past services =EXCLUSIVE o Similar to exclusion to the rule that if gratuitous – exclusive  If received is onerous in nature (part of the salary deducted. Barter or Exchange Properties acquired using exclusive money of the either spouse  General Rule: Whatever is exclusive shall remain exclusive even if exchanged by another property so long as the exclusive property is used in exchange of that property.if expressly agree in the Contract to sell that ownership transfer upon full payment of the price despite the delivery  Property becomes Conjugal – because full payment is during the marriage Rule Payments Received during marriage or amount received during marriage in payment of obligation extended by either spouse before the marriage – ex.  If movable property – delivery by physical delivery to the buyer  Immovable – delivery by formality Contract to Sell . Rule on Redemption  EXCLUSIVE even property obtained through payment from conjugal fund or part thereof o CPG is entitled to reimbursement of the CPG funds used.o o Property acquired during the marriage through Right of Redemption. a matter of right) – CONJUGAL Rule on Damages received by either spouse during marriage  If damages received arose from transaction solely financed by the conjugal partnership belong to the conjugal funds o CONJUGAL  If the damages represent the damages arising from physical injuries suffered by either spouse o EXCLUSIVE – to compensate the damage personally sustained . if any Rule on Trade-In:  CPG o Falls under properties acquired during marriage Rule on Sale of Exclusive Property:  no income no profit: o EXCLUSIVE  At profit: o Value of exclusive property at acquisition  Exclusive o Excess of  CPG Rule on ownership of property acquired through installment and full payment during marriage using exclusive and CPG funds  If the title of the property is transferred before the marriage – EXCLUSIVE to the owner spouse – even if the purchased price is partly paid from the common fund – but is entitled to reimbursement  If the title of the property is transferred during the marriage – CONJUGAL even if part of the purchase price is from the spouse – spouse is subject to reimbursement How to determine when title of ownership was transferred  Contract of Sale – contract where ownership is transferred to the buyer regardless of full payment o Full payment not requirement for ownership o Transfer of ownership is from the Delivery of property sold. lending business  Payment received during marriage for the principal – EXCLUSIVE  Payment received during marriage for the interest o If interest accrued during marriage =CONJUGAL o If interest accrued before the marriage =EXCLUSIVE Rule on Retirement Benefits.

is presumed to be conjugal unless the contrary is proved ARTICLE 117. PRESUMPTION OF CPG  All property acquired during the marriage. the administrator spouse CANNOT dispose of the owner spouse’s exclusive property WITHOUT CONSENT from the latter ARTICLE 112.   RETIREMENT BENEFITS. whether the acquisition appears to have been made. . PROPERTY ACQUIRED THROUGH DONATION OR LEFT BY WILL  General Rule: o Properties acquired through donation or left by will to the spouses jointly with designation of determinate shares are EXCLUSIVE  Exception: o When donor expressly state otherwise  Accretion o General Rule:  If donee spouse does not accept his/her share of the donation. accretion sets in. DISPOSITION AND ALIENATION OF EXCLUSIVE PROPERTIES BY ADMINISTRATOR SPOUSE WITHOUT OWNER SPOUSE’S CONSENT  General Rule: o Administrator spouse CANNOT dispose of the owner spouse’s exclusive property WITHOUT CONSENT from the latter  Such acts shall automatically terminate the administration  proceeds from alienation shall go to owner spouse ARTICLE 113. PENSIONS.  PROPERTY ACQUIRED THROUGH DONATION DURING MARRIAGE BY ONEROUS TITLE WITH CONJUGAL FUNDS General Rule: o Exclusive to done subject to reimbursement of CPG funds THE ARTICLE 115. o Exception:  When donor expressly state otherwise  Designation is for determinate properties ARTICLE 114. a matter of right) – CONJUGAL ARTICLE 116. contracted or registered in the name of one or both spouses. ADMINISTRATION OF EXCLUSIVE PROPERTIES  General Rule: o Administration of exclusive properties belong to the owner  Exception: o Owner spouse transfer the administration to the  Transfer of administration must be embodied in a public instrument and recorded in the registry of property of the place where the property is located ARTICLE 111. GRATUITIES. & USUFRUCTS If received gratuitously in pure liberality of the giver as to recognition of past services =EXCLUSIVE o Similar to exclusion to the rule that if gratuitous – exclusive If received is onerous in nature (part of the salary deducted.ARTICLE 110. ANNUITIES. DISPOSITION AND ALIENATION OF EXCLUSIVE PROPERTIES  General Rule: o Owner spouse can dispose of or alienate exclusive properties without the consent of the other o If there was a transfer of administration rights from the owner spouse to the other.

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