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SIENNA A. FLORES PERSONS & FAMILY RELATIONS



PROPERTY REGIMES
ABSOLUTE COMMUNITY
OF PROPERTY
CONJUGAL PARTNERSHIP
OF GAINS


General
Provision
Art. 75. In the absence of marriage
settlement, or when the regime agreed
upon is void, the system of ACP shall
govern.
Art. 106. Under the regime of CPG, the husband & wife place in a common
fund: the proceeds, products, fruits & income from their separate properties,
those acquired by either or both spouses through their efforts or by chance, &
upon dissolution of the marriage or of the partnership, the net gains or
benefits obtained by either or both spouses shall be divided equally bet.
them, unless otherwise agreed in the marriage settlements.
When it Shall
Commence
Art. 88/107. The ACP/CPG bet. spouses shall commence at the precise moment that the marriage is celebrated. Any
stipulation, express or implied, for the commencement of the ACP/CPG at any other time shall be void.


Waiver
of Rights
Art. 89/107. No waiver of rights, shares & effects of the ACP/CPG during the marriage can be made except in case of
judicial separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or
annulled, the same shall appear in a public instrument & shall be recorded as provided in Art. 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.
Supplemen-tary
Provisions
Art. 90. The provisions on co-
ownership shall apply to the ACP bet.
the spouses in all matters not provided
for in this Chapter.
Art. 108. The CPG shall be governed by the rules on the contract of
partnership in all that is not in conflict w/ what is expressly determined in
this Chapter or by the spouses in their marriage settlement.







What
Constitutes
the Property
Regime
Art. 91. Unless otherwise provided in
this Chapter or in the marriage
settlements, the ACP shall consist of all
the property owned by the spouses at
the time of the celebration of the
marriage or acquired thereafter.

Art. 93. Property acquired during the
marriage is presumed to belong to the
ACP, unless it is proved that it is 1 of
those excluded therefrom.

*** jewelry shall form part of the
community property

*** In case of partial separation of
property, the property not agreed upon
as separate shall pertain to the
absolute community. (Art. 144)
Art. 116. All property acquired during the marriage, whether the acquisition
appears to have been made, contracted or registered in the name of 1 or both
spouses, is presumed to be conjugal unless the contrary is proved.

Art. 117. The ff. are conjugal partnership properties:
1. Those acquired by onerous title during the marriage at the expense of the
common fund, whether the acquisition be for the partnership, or for only 1
of the spouses;
2. Those obtained from the labor, industry, work or profession of either or both
of the spouses;
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 w/c 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
7. Those w/c are acquired by chance, e.g. winnings from gambling or betting













Exclusive
Properties
Art. 92. The ff shall be excluded from
the ACP:
1. Property acquired during the
marriage by gratuitous title by either
spouse, & the fruits as well as the
income thereof, if any, unless it is
expressly provided by the donor,
testator or grantor that they shall
form part of the ACP;
2. Property for personal & exclusive use
of either spouse. However, jewelry
shall form part of the ACP;
3. Property acquired before the
marriage by either spouse who has
legitimate descendants by a former
marriage, & the fruits as well as the
income, if any, of such property.

*** properties that are excluded from
the community of property in the
marriage settlement

*** When the 1
st
marriage is
terminated by death, & there is no
liquidation, the 2
nd
marriage is
governed by complete separation of
property. Thus the property of the SS is
separately owned by him/her during
the 2
nd
marriage.
Art. 109. The following shall be the exclusive property of each spouse:
1. That w/c is brought to the marriage as his/her own;
2. That w/c each acquires during the marriage by gratuitous title;
3. That w/c is acquired by right of redemption, by barter or by exchange w/
property belonging to only 1 of the spouses;
4. That w/c is purchased w/ exclusive money of the wife or of the husband.

Art. 110. The spouses retain the ownership, possession, administration &
enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of
his/her exclusive property to the other by means of a public instrument, w/c
shall be recorded in the registry of property where the property is located.

Art. 111. A spouse may mortgage, encumber, alienate or otherwise dispose of
his/her exclusive property, w/o the consent of the other spouse, & appear
alone in court to litigate w/ regard to the same.

Art. 112. The alienation of any exclusive property of a spouse administered
by the other automatically terminates the administration over such property &
the proceeds of the alienation shall be turned over to the owner-spouse.

Art. 113. Property donated or left by will to the spouses, jointly & w/
designation of determinate shares, shall pertain to the donee-spouses as
his/her own exclusive property, & in the absence of designation, share & share
alike, w/o prejudice to the right of accretion when proper.

Art. 114. If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the donee spouse, whenever they have
been advanced by the CPG.

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs &
similar benefits shall be governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.
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SIENNA A. FLORES PERSONS & FAMILY RELATIONS











Conditional
Ownership
Art. 118. Property bought on installments paid partly from exclusive funds of
either/both spouses & partly from conjugal funds belongs to the buyer or
buyers if full ownership was vested before the marriage & to the CPG if such
ownership was vested during the marriage. In either case, any amount
advanced by the partnership or by either/both spouses shall be reimbursed by
the owner/s upon liquidation of the partnership.

Art. 119. Whenever an amount or credit payable w/in a period of time
belongs to 1 of the spouses, the sums w/c may be collected during the
marriage in partial payments or by installments on the principal shall be the
exclusive property of the spouse. However, interests falling due during the
marriage on the principal shall belong to the CPG.

Art. 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/both spouses shall pertain
to the CPG, or to the original owner-spouse, subject to the ff. rules:
When the cost of the improvement made by the CPG & any resulting
increase in value are more than the value of the property at the time of the
improvement, the entire property of 1 of the spouses shall belong to the CPG,
subject to reimbursement of the value of the property of the owner-spouse at
the time of the improvement; otherwise, 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, w/c shall be made at the time of the liquidation of the CPG.










Charges &
Obligations
Art. 94/121. The ACP/CPG shall be liable for:
1. The support of the spouses, their common children, & legitimate children of either spouse; however, the support of
illegitimate children shall be governed by the provisions of this Code on Support;
2. All debts & obligations contracted during the marriage by the designated administrator-spouse for the benefit of the
community, or by both spouses, or by 1 spouse w/ the consent of the other;
3. Debts & obligations contracted by either spouse w/o the consent of the other to the extent that the family may have
been benefited;
4. All taxes, liens, charges & expenses, including major or minor repairs, upon the community property;
5. All taxes & expenses for mere preservation made during marriage upon the separate property of either spouse used by
the family;
6. Expenses to enable either spouse to commence/complete a professional/vocational course, or other activity for self-
improvement;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
8. The value of what is donated/promised by both spouses in favor of their common legitimate children for the exclusive
purpose of commencing/completing a professional/vocational course or other activity for self-improvement;
9. Expenses of litigation bet. the spouses unless the suit is found to be groundless.

If the ACP/CPG is insufficient to cover the foregoing liabilities, except those falling under par. 9, the spouses shall be
solidarily liable for the unpaid balance w/ their separate properties.

*** ACP ONLY: Ante-nuptial debts w/c have not redound to the benefit of the family, the support of illegitimate children
of either spouse, & liabilities incurred by either spouse by reason of a crime/quasi-delict, in case of absence or
insufficiency of the exclusive property of the debtor-spouse, the payment of w/c shall be considered as advances to be
deducted from the share of the debtor-spouse upon liquidation of the ACP (*CPG NO OBLIGATION TO MAKE ADVANCES)





Personal
Debts
*** ACP is liable for personal debts &
fines only in case separate properties
are insufficient.
Art. 122. The payment of personal debts contracted by the husband/wife
before or during the marriage shall not be charged to the CPG except insofar as
they redounded to the benefit of the family. Neither shall the fines & pecuniary
indemnities imposed upon them be charged to the partnership.
However, the payment of personal debts contracted by either spouse
before the marriage, that of fines & indemnities imposed upon them, as well as
the support of illegitimate children of either spouse, may be enforced against
the CPG assets after the responsibilities in the preceding Art. have been
covered, if the spouse who is bound should have no exclusive property or if it
should be insufficient; but at the time of the liquidation of the CPG, such spouse
shall be charged for what has been paid for the purpose above-mentioned.
***CPG is liable for personal debts & fines only AFTER payment of all CPG
liabilities AND when separate properties are insufficient.
Winnings/
Losses in Games
of Chance
Art. 95/123. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind
of gambling, whether permitted/prohibited by law, shall be borne by the loser & shall not be charged to the ACP/CPG but
any winnings therefrom shall form part of the ACP/CPG.


Ownership
Administration
Enjoyment &
Disposition
Art. 96/124. The administration & enjoyment of the ACP/CPG shall belong to both spouses jointly. In case of
disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, w/c
must be availed of w/in 5 years from the date of the contract implementing such decision.
If 1 spouse is incapacitated or unable to participate in the administration of the ACP/CPG, the other spouse may
assume sole powers of administration. These powers do not include disposition/encumbrance w/o authority of the court
or the written consent of the other spouse. In the absence of such authority/consent, the disposition/encumbrance shall
be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse & the 3rd
person, & may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either/both offerors.
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SIENNA A. FLORES PERSONS & FAMILY RELATIONS
Disposition of
Interest by Will
Art. 97. Either spouse may dispose by will of
his/her interest in the community property.

Prohibited
Donations;
Exceptions
Art. 98/125. Neither spouse may donate any ACP/CPG property w/o the consent of the other. However, either spouse
may, w/o the consent of the other, make moderate donations from the ACP/CPG for charity or on occasions of family
rejoicing or family distress.


Dissolution
Art. 99/126. The ACP/CPG terminates:
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 Art. 134 to 138.



Separation
in Fact
Art. 100/127. The separation in fact bet. H&W shall not affect the regime of ACP/CPG except that:
1. The spouse who leaves the conjugal home or refuses to live therein, w/o just cause, shall not have the right to be
supported;
2. When the consent of 1 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 ACP/CPG 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 & use the fruits or proceeds
thereof to satisfy the latter's share.



Abandonment
w/o Just Cause
Art. 101/128. If a spouse w/o just cause abandons the other or fails to comply w/ his/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 ACP/CPG, subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding par. 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 w/o intention of
returning. The spouse who has left the conjugal dwelling for a period of 3 months or has failed w/in the same period to
give any information as to his/her whereabouts shall be prima facie presumed to have no intention of returning to the
conjugal dwelling.











Liquidation
Procedure
Art. 102/129. Upon dissolution of the ACP/CPG, the following procedure shall apply:
1. An inventory shall be prepared, listing separately all the properties of the ACP/CPG & the exclusive properties of each
spouse.
2. The debts & obligations of the ACP/CPG shall be paid out of its assets. In case of insufficiency of said assets, the
spouses shall be solidarily liable for the unpaid balance w/ their separate properties in accordance w/ the provisions of
Art. 94(2)/Art.121(2).
3. Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
4. The net remainder of the properties of the ACP/CPG shall constitute its net assets/profits, w/c shall be divided equally
bet. H&W, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code. (Net Assets - the increase in value bet. the market value
of the community property at the time of the celebration of the marriage & the market value at the time of its
dissolution)
5. The presumptive legitimes of the common children shall be delivered upon partition, in accordance w/ Art. 51.
6. Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling & the lot on w/c
it is situated shall be adjudicated to the spouse w/ whom the majority of the common children choose to remain.
Children below the age of 7 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.

*** FOR CPG ONLY:
1. Amounts advanced by the CPG in payment of personal debts & obligations of either spouse shall be credited to the CPG.
2. Each spouse shall be reimbursed for the use of his/her exclusive funds in the acquisition of property or for the value of
his/her exclusive property, the ownership of w/c has been vested by law in the CPG.
3. Unless the owner had been indemnified from whatever source, the loss/deterioration of movables used for the benefit of
the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal
funds, if any


Liquidation
Upon Death
Art. 103/130. Upon the termination of the marriage by death, the ACP/CPG 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 ACP/CPG either judicially
or extra-judicially w/in 1 year from the death of the deceased spouse. If upon the lapse of the 1 year period, no
liquidation is made, any disposition or encumbrance involving the ACP/CPG of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage w/o compliance w/ the foregoing requirements, a
mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Simultaneous
Liquidation of
Property of 2 or
More Marriages
Art. 104/131. Whenever the liquidation of the ACP/CPG of 2 or more marriages contracted by the same person before
the effectivity the Family Code is carried out simultaneously, the respective capital, fruits & income of each
community/partnership shall be determined upon such proof as may be considered according to the rules of evidence. In
case of doubt as to w/c community/partnership the existing properties belong, the same shall be divided bet. the
different communities/partnerships in proportion to the capital & duration of each.

Support
Art. 133. From the common mass of property support shall be given to
the surviving spouse & to the children during the liquidation of the
inventoried property & until what belongs to them is delivered; but from
this shall be deducted that amount received for support w/c exceeds the
fruits or rents pertaining to them.





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SIENNA A. FLORES PERSONS & FAMILY RELATIONS
ACP AND CPG

Alien Married to Filipino In both ACP/CPG, an alien married
to a Filipino cannot have any interest in the
community/partnership property.

Matthews v. Taylor (2009) The Filipina spouse entered into a
lease agreement w/o the consent of her foreigner spouse & the
latter assailed the lease as void considering that his consent was
not obtained in such encumbrance. The SC rejected such position
stating that to consider the lease property as conjugal & therefore
any encumbrance should will be circumventing the proscription in
the constitution regarding aliens being prohibited from acquiring
property in the Philippines.

Charges & Obligations
Security Bank & Trust Co. v. Mar Tierra Corp. (2006)
Any personal undertaking by a spouse, such as making
himself/herself a surety/guarantor in relation to an obligation
of a 3
rd
person, cannot be presumed to be for the benefit of
the family as any advantage that may arise therefore is
merely indirect.
The donation in favor of their common legitimate children for
the exclusive purpose of commencing/completing a
professional or vocational course or other activity for self-
improvement must be made by BOTH spouses. If only ONE
spouse donates, this may fall under the prohibition under Art.
87 making donations bet. spouses, direct/indirect, VOID.
ACP/CPG may be liable for expenses of litigation in a suit
NOT involving a case bet. H&W, provided the suit benefits
the family.
Seva v. Nolan W was criminally sued by H for adultery &
W ha to spend attorneys fees to defend herself. The SC ruled
that the legal fees w/c she spent during litigation, wherein
she was subsequently acquitted, can be charged to the
ACP/CPG.

GR: ACP/CPG assets cannot be used by the assignee for the
payment of the insolvent debtor-spouses obligations
E: those that have redounded to the benefit of the family

Effect of Alienation & Encumberance

GR: The action to nullify the contract entered into by the
transacting spouse will not have any prescriptive period as such
contract is null & void.
E: In cases when a 3
rd
party purchaser is protected by the law. If
a TCT of a real estate indicates that a person named therein is
single when in fact he is married & thus governed by the
ACP/CPG, the sale of the said property by the registered owner to
the 3
rd
person who is an innocent purchaser for value & in good
faith relied on what is officially annotated on the TCT, cannot be
voided. The remedy of the aggrieved spouse is to compel the
erring spouse to account for the proceeds of the sale as the same
is part of the ACP/CPG.

Ravina v. Abrille (2009) If there was knowledge but without
the consent of the other spouse & a disagreement arises, the
contract entered into by H, whose decision will prevail in cases of
disagreement, shall not be considered void but merely annullable
at the instance of W. W has 5 years from the date of the contract
implementing the decision, to go to court to seek the proper
remedy w/c includes the annulment of the contract.

Note: If it were the decision of W w/c was implemented, H can go
to court to file an injunction to stop the implementation of the
contract entered into by W for being unenforceable having been
entered into by W also in his name w/o authority, or file an action
to nullify the contract on the ground that it is contrary to law &
public policy.

Liquidation Procedure
1. Inventory all properties belonging to the ACP/CPG or
separate properties of the spouses, must be itemized &
usually, valued (market value/assessed value, & NOT
purchase price); if the proceedings take a long time &
the values have suffered some alterations, there is
nothing to prevent a new valuation at the actual
partition; prior appraisal is not conclusive upon the
parties
2. Payment of Debts in case of insufficiency of the
ACP/CPG, the souses shall be solidarily liable for the
unpaid balance w/ their separate properties; but under
Art. 94(9), payments made by the ACP due to
insufficiency of the separate property of the debtor
spouse for (a) ante-nuptial debts w/c did not redound to
the benefit of the family, (b) support of illegitimate
children of the debtor-spouse, (c) liabilities incurred by
the debtor-spouse by reason of a crime or quasi-delict,
are considered as ADVANCES to be deducted from the
share of the debtor-spouse upon liquidation of the ACP;
this advancement is NOT required in CPG
3. Deliver of Exclusive Properties refers to those in those
stipulated in the marriage settlement as exclusive, or
even during the marriage & the exclusions
4. Partition of Net Assets equally divide the net assets
w/c is the net remainder of the ACP/CPG after the 1
st
3
steps; exceptions:
a. Equal sharing will not apply if there is a
different division agreed upon in the marriage
settlement
b. Equal sharing will not apply if there has been a
valid voluntary waiver of such share (see Art.
89)
c. Annulment the spouse in bad faith shall
forfeit his/her share in the net profits
d. Legal separation the spouse in bad faith shall
forfeit his/her share in the net profits
e. Nullified marriage the party in bad faith shall
forfeit his/her share in the co-ownership
5. Delivery of Presumptive Legitimes required only after
finality of a judicial decree of annulment (Art. 45) OR
nullity of subsequent void marriage (Art. 40, 52, 53);
NOT required in legal separation
6. * CPG ONLY Credits to CPG advances made by the
CPG in favor of any of the spouses shall be credited to
the CPG as an asset
7. * CPG ONLY Reimbursement to Spouses if separate
property were was used to buy conjugal property, the
CPG pays the spouse reimbursement
8. Conjugal Dwelling - the conjugal dwelling & lot on w/c it
is situated shall be adjudicated to the spouse w/ whom a
majority of the common children choose to remain; in
case there is no majority, the court shall decide, taking
into consideration the best interests of the child

Hagosojos v. CA It is only after liquidation that definable
property can be claimed by & adjudged to them from the
remained of their properties after satisfaction of all the obligations
w/c the community property has to pay. Thus, specific & concrete
properties cannot be donated by any co-heir prior to liquidation &
partition.

Claims Against the Estate
GR: Upon the death of any of the spouses, no complaint for
the collection of indebtedness chargeable to the ACP/CPG can
be brought against the surviving spouse.
E: Such surviving spouse has committed himself/herself to
be solidarily liable for the claim against the ACP/CPG

ACP

Special Type of Co-Ownership
Spouses are CO-OWNERS each spouse can use the thing
owned in common, inc such a way as not to injure the
interests of the co-ownership
Unlike ordinary co-ownership, no waiver of rights, interests,
shares & effects of the ACP during the marriage can be
made, except in case of a judicial separation of property.
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SIENNA A. FLORES PERSONS & FAMILY RELATIONS
Reason: the interest of the parties in the community property
is merely INCHOATE or an EXPECTANCY prior to liquidation.

Exclusions

Art. 92(3) - Property from Previous Marriage
DESCENDANTS, not merely children.
Descendants must be LEGITIMATE.
If the previous marriage has been declared null & void
because the contracting parties are collateral blood relatives
of the 1
st
civil degree, thereby making the children
ILLEGITIMATE, & thereafter 1 of the parties validly marries
again, the properties w/c such party might have acquired as
a result of the liquidation of the previous marriage shall
belong to the ACP of the SUBSEQUENT MARRIAGE.
If the previous marriage has been declared null & void
because the anyone of the parties is psychologically
incapacitated or because 1 of the parties did not comply w/
Art. 52 & 53, the children conceived inside such marriage
LEGITIMATE. The property acquired by the spouse who has
previous children of a previous marriage shall not belong to
the ACP of the subsequent marriage.

Nature of Acquired Property Using Separate Properties
The mere fact that property was acquired using the exclusive
money of 1 spouse does NOT automatically exclude the same
from the ACP Unlike in CPG, this is not 1 of the exclusions in
ACP.
Example: A marriage settlement provides that the P1M won
by H in the sweepstake prior to the marriage shall remains
separate during the marriage, such stipulation is valid. If,
using said amount, H subsequently buys a house w/c is used
as the family home, the house cannot be considered as his
separate property but as part of the ACP.
The same conclusion will be reached if the house was
donated to H, and H, after becoming the owner of the house,
sells the house to a 3
rd
party. The money obtained from the
sale has been acquired during the marriage & is not one of
the exclusions.
If any property is exchanged or merely bartered for another
property, the result would be the same for the same reasons.

Joint Administration & Enjoyment
Administration & enjoyment of ACP is exercised jointly by the
spouses as co-owners of the ACP
Administration may be validly delegated to only 1 spouse,
but it must be made in a marriage settlement executed prior
to the marriage
Matters w/c need immediate decisions each spouse may
act individually even w/o the consent of the other

GR: Alterations need the consent of both spouses, otherwise it is
void
E: if the alteration redounds to the benefit of the family, the
alteration is valid & the ACP shall be liable

Disposition by Will - The spouse can only dispose of his/her
INTEREST in the ACP and NOT in a specific property.

CPG

Paraphernal property separate property of the wife

Go v. Yamane (2006) The proof of acquisition of the property
during the marriage suffices to render the statutory presumption
of conjugality to attach.

Special Type of Partnership
Partnership any stipulation w/c excludes the partners from
any share of the profits & losses of the partnership is void
Partner a co-owner w/ his other partner of specific
partnership property

Exclusive Properties

Carandang v. Heirs of Quirino De Guzman (2006) The right
of 1 spouse to bring an action was assailed on the ground that the
other spouse should have been made a party to the action. The
SC held that a partner is a co-owner w/ the other partners of
specific partnership property. Being co-owners of the alleged
credit, the spouses may separately bring an action for the
recovery thereof. In a co-ownership, co-owners may bring actions
for the recovery of co-owned property w/o the necessity of joining
all other co-owners as co-plaintiffs because the suit is presumed
to have been filed for the benefit of his co-owners.

Plata v. Yatco If the property was purchased previous to the
marriage & it was only after the marriage that the said property
was registered under the name of the owner-spouse but together
w/ the other spouse as co-owner, such property is still the
EXCLUSIVE property of the spouse who bought it by his/her
exclusive funds prior to the marriage & the registration after the
marriage of the COT under the co-ownership of the spouses to
both spouses only creates a TRUST. Restoration to the real
owner-spouse of the subject property upon liquidation is
necessary.

Penanra v. RD of Rizal The title under consideration is a FREE
PATENT w/c is granted only to occupants for their continued
occupation & cultivation. The SC held that, had the land been
acquired by virtue of the joint efforts of the H&W, the patent
should have so indicated. But it is granted to the wife only. It is
thus presumed that as the husband is not joined as co-owner, the
land must have been acquired thru the occupation of the wife
alone at the time when she was unmarried. The land was
considered as the wifes exclusive property.

Santiago v. COA An HONORARIUM may be included as
property acquired by gratuitous title as it has been defined as
something given not as a matter of obligation but in appreciation
for services rendered, a voluntary donation in consideration of
services w/c admit of no compensation in money.

Redemption the property shall belong to the spouse who has
the right to redeem regardless of w/n s/he uses personal funds;
when conjugal funds are used to effect the redemption, the
spouse making the redemption shall be liable to the CPG for
reimbursement of the amount used to redeem his/her exclusive
property. The CPG shall have a lien for the amount paid by it.

Barter property acquired by exchange made by 1 spouse using
his/her exclusive property shall remain the separate property of
such spouse. Barter is limited to goods. But if the separate
property of a spouse is used as part of the purchase price of a
new property in addition to the conjugal funds spent for the said
purchase, the new property shall be considered conjugal.

Naguit v. CA The exclusive property of W was sold upon
execution by the sheriff for satisfaction of a court decision finding
H liable for his personal obligation. The SC ruled that W can file a
separate action to annul the sale as she can be considered a 3
rd

person & is deemed a stranger to the action wherein the writ of
execution was issued & is thus justified in bringing an
independent action to vindicate her right of ownership over the
subject property.

Accretion the incorporation or addition of property to another
property

GR: In a joint donation, one could not accept independently of his
co-donee, for there is no right of accretion unless expressly
provided so
E: when the joint donation is in favor of H&W there is a right of
accretion in case the other refuses, dies or is incapacitated
E to E: the right of accretion bet. H&W will NOT APPLY in the ff.:
1. if the donor provides that there shall be no right of
accretion
2. the donation was specifically for just one spouse
3. if the designation is not of determinate shares, but of
determinate properties (e.g. a car, building)
- 6 -

SIENNA A. FLORES PERSONS & FAMILY RELATIONS
Payment Using Conjugal Funds
If conjugal funds are used to pay the obligations attached to
an onerous donation, the donee-spouse shall reimburse the
CPG but the property remains to be his/her exclusive
property.
Note: Taxes & expenses for preservation made during the
marriage for separate property of a spouse used by the
family is chargeable to the CPG.

Retirement Benefits
1. Gratuity an act of pure liberality; acquired by lucrative
title like a donation or a gift - SEPARATE PROPERTY
2. Annuity it is NOT a gratuity if the recipient is entitled
to it as a matter of right - CONJUGAL
3. Pensions compensation for services previously
rendered for w/c full & adequate compensation was not
received at the time of the rendition of the service; pay
withheld to induce long continued & faithful service -
CONJUGAL
4. Life Insurance
a. Paid by CPG proceeds are CONJUGAL
b. Paid partly by CPG & partly by separate
property owned by the CPG & separate
property PROPORTIONATELY in accordance w/
the amount of contribution
Note: if a beneficiary is named in the life insurance
policy, the proceeds are paid to the same beneficiary

Art. 116 When the Presumption that the Property is
Conjugal is Applicable
1. The property was acquired during the marriage (even
when the spouses are living separately)
2. The property is registered in the names of both spouses

The ff. are NOT sufficient to raise the presumption of
conjugality:
1. Tax declaration in the name of 1 of the spouses obtained
during the marriage
2. An inscription in a Torrens Title stating A married to B
3. Registration of the property, because the property could
have been acquired while the owner was still single &
was registered only after the marriage ceremony

Damages
Damages granted by the courts in favor of any of the
spouses arising out of a contract solely financed by the CPG
& unduly breached by a 3
rd
part belongs to the CGP.
In cases of damages awarded to 1 of the spouses as a result
of physical injuries inflicted by a 3
rd
party, said damages
exclusively belong to the said injured spouse.

Art. 117(3) - Net Fruits the fruits of the separate property
will be applied 1
st
to the expenses of administration of the said
separate property & the remaining balance of the said fruits w/c
constitute the net fruits shall be considered conjugal

Installment Purchases
Situation contemplated: installment was initiated prior to the
marriage but completed during the marriage
Whether the property is included or excluded from the CPG
depends on when the TITLE IS VESTED
1. Ownership vested before the marriage EXCLUSIVE
PROPERTY
2. Ownership vested after the marriage-ceremony
CONJUGAL PROPERTY

Note: If during the marriage, a spouse bought property partly by
his/her exclusive funds and partly by conjugal funds, the property
is CONJUGAL. Reason: It cannot be said to be exclusively bought
by the exclusive money of either of the spouses & is therefore
conjugal.

Payment of Credit in Favor of Spouse one of the spouses
has in his/her favor a credit payable in installments or a credit w/c
will be fully paid during the marriage
1. Payments made on the principal during the marriage
belongs EXCLUSIVELY to the spouse who owns the
credit
2. Interest on the principal due during marriage
CONJUGAL, because interest is considered a fruit
derived from a particular property

Improvements
1. If the value of improvement & increase thereof is LESS
than the value of the separate property itself entire
property is CONJUGAL
2. If the value of improvement & increase thereof is MORE
than the value of the separate property itself entire
property is SEPARATE

Note: In both cases, theres always the right to reimbursement
upon liquidation of the CPG. Ownership shall vest only upon such
reimbursement w/c is at the time of the liquidation of the CPG.

Maramba v. Lozano Prior to reimbursement at the time of
liquidation, the owner-spouse still owns her separate property &
thus the same cannot be levied upon to satisfy a conjugal debt,
unless the conjugal funds are insufficient to pay the conjugal
debts, in w/c case the separate property can be held solidarily
liable.

Charges & Obligations CPG is liable only if it is BENEFITED
DIRECTLY; it cannot be an indirect benefit, a by-product or spin-
off of the obligation. The burden of proof to show the benefit must
always be on person claiming that the transaction redounded to
the benefit of the family. Redounding to the benefit of the family
must always be proven and cannot be presumed.

Pelayo v. Perez (2005) The signature of the wife as a mere
witness & not as a party to the contract nevertheless showed her
implied consent to a contract of sale executed by her husband.

GR: When the CPG is insufficient to cover the debts & obligations,
the spouses shall be solidarily liable for the unpaid balance w/
their separate property
Exceptions:
1. Antenuptial debts not redounding to the family
2. Support of illegitimate children of 1 of the spouses
3. Liability of 1 spouse for crime/quasi-delict


Spouses Buado v. CA (2009) A husband opposed the
execution of conjugal properties by the sheriff to satisfy damages
incurred by his spouse as a result of criminal liability. Can the
husband be considered a third party for purpose of satisfying
the requirement of the Rules of Court that only a 3
rd
party can file
a claim against the execution? YES. The property is conjugal in
nature. Unlike in ACP, the CPG has no duty to make advances for
the liability of the debtor-spouse. Payment of personal debts
contracted by the spouse during the marriage shall NOT be
charged to the CPG, except insofar as they have redounded to the
benefit of the family. By no stretch of imagination can it be
concluded that the civil obligation arising from the crime of
slander by the wife redounded to the benefit of the CPG.

Personal Obligations of Spouses During the Marriage -
Those w/c do NOT redound to the benefit of the family or do NOT
have consent of the other spouse shall be borne only by the
spouse-debtor & his/her separate property.








- 7 -

SIENNA A. FLORES PERSONS & FAMILY RELATIONS

ADOPTION
DOMESTIC ADOPTION
ACT OF 1998 (RA 8552)
INTER-COUNTRY ADOPTION
ACT OF 1995 (RA 8043)
JUDICIAL EXTRAJUDICIAL











Who May
Adopt?
1. Any FILIPINO Citizen
a. Of legal age
b. In possession of full civil capacity & rights
c. Of good moral character
d. Has not been convicted of any crime involving moral turpitude
e. Emotionally & psychologically capable of caring for children
f. At least 16 YEARS older than the adoptee
g. In a position to support & care for his/her children in keeping w/ the means of
the family
2. Any ALIEN possessing the same qualifications as above, provided:
a. His/her country has diplomatic relations with the Phil.
b. Living in the Phil. for at least 3 continuous years prior to the filing of the
application for adoption
c. Maintains such residence until the adoption decree is entered
d. Certified to have legal capacity to adopt in his/her country
e. His/her government allows the adoptee to enter his/her country as his/her
adopted child
3. HUSBAND & WIFE shall jointly adopt except in the ff. cases:
a. If one spouse seeks to adopt the legitimate child of the other
b. if one spouse seeks to adopt his/her own illegitimate child: Provided, However,
that the other spouse has signified his/her consent thereto
c. if the spouses are legally separated from each other
4. The GUARDIAN w/ respect to the ward provided it is after:
a. the termination of the guardianship, and
b. clearance of his/her financial accountabilities
1. An alien or Filipino citizen
permanently residing abroad
2. at least 27 years old
3. has undergone the appropriate
counseling from an accredited
counselor in his/her country
4. is in a position to give the
necessary moral values and
example to all his children,
including the child to be adopted
5. agrees to uphold the basic rights
of the child as embodied under
Phil. laws, the U.N. Convention
on the Rights of the Child, & to
abide by the R&R issued to
implement this Act
6. comes from a country whose
government maintains a
similarly authorized & accredited
agency & that adoption is
allowed under his/her national
laws

(Other requirements are the same
w/ Domestic Adoption)




Exceptions to
Rules on
Who May
Adopt
The requirement of 16 YEARS difference bet. adopter & adoptee may be waived if the
adopter is:
1. the biological parent of the adoptee
2. the spouse of the adoptees parent

The requirement on RESIDENCE & CERTIFICATION of aliens qualification to adopt
may be waived for the ff:
1. one who seeks to adopt the legitimate child of his Filipino spouse
2. a former Filipino citizen who seeks to adopt a relative w/in the 4
th
degree of
consanguinity or affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4
th
degree of consanguinity or affinity of the Filipino spouse
The requirement of 16 YEARS
difference bet. adopter & adoptee
may be waived if the adopter is:
1. the biological parent of the
adoptee
2. the spouse of the adoptees
parent







Who May be
Adopted?
1. Any person below 18 who has been administratively or judicially declared available
for adoption;
2. The legitimate child of one spouse by the other spouse;
3. An illegitimate child by a qualified adopter to improve his/her status to that of
legitimacy;
4. A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter/s as his/her own child since minority;
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent/s has died; (but no proceedings shall be
initiated w/in 6 months from the time of death of said parent/s.

A child legally available for adoption - a child who has been voluntarily or involuntarily
committed to DSWD OR to a duly licensed & accredited child-placing or child caring
agency, freed of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter/s.
Only a legally free child may be
the subject of inter-country
adoption.

Legally freed child - a child who
has been voluntarily/involuntarily
committed to DSWD.
Definition of
a Child
a person below 18 years of age a person below 15 years of age,
unless sooner emancipated by law

Whose
Consent is
Necessary to
the
Adoption?
1. The adoptee, if 10 years of age or over;
2. The biological parent/s of the child, if known, or the legal guardian, or the proper
government instrumentality w/c has legal custody of the child;
3. The legitimate & adopted children, 10 years of age or over, of the adopters &
adoptee, if any;
4. The illegitimate children, 10 years of age or over, of the adopter if living w/ said
adopter & the latter's spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted.

Where to File
Petition
Family court where the ADOPTER resides 1. Inter-Country Adoption Board, or
2. RTC having jurisdiction over the
ADOPTEE
What
Petition for
Adoption
may Include
1. Prayer for change of name
2. Rectification of simulated birth
3. Declaration that the child is a foundling, abandoned, or neglected child.
Only petition for adoption.
- 8 -

SIENNA A. FLORES PERSONS & FAMILY RELATIONS








Annexes or
Documents
to be
Submitted
1. Birth/baptismal/foundling certificate
2. Decree of annulment, nullity, or legal separation of the adopter, as well as that of
the biological parents of the adoptee, if any
3. School records showing the name, age & residence of the adoptee
4. Child study report on the adoptee & his biological parents
5. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly
accredited by the ICAB
6. If the petitioner is an alien, certification by his diplomatic/consular office or any
appropriate government agency that:
a. he has legal capacity to adopt in his country, and
b. his government allows the adoptee to enter his country as his own adopted child
c. Affidavit of consent of the ff:
a. Adoptee, if at least 10 years old
b. Biological parents of the adoptee, if known, or legal guardian, or the child-
placement or child-caring agency, or the proper governmental instrumentality
w/c has legal custody of the adoptee
c. Legitimate & adopted children of the adopter & of the adoptee, who are at least
10 years old
d. Illegitimate children of the adopter living w/ him who are at least 10 years old
e. Spouse of the adopter or adoptee
1. Birth certificate of applicant/s
2. Marriage contract/divorce decree
3. Written consent of their biological
or adoptive children above 10
years of age, in the form of sworn
statement
4. Physical, medical & psychological
evaluation by a duly licensed
physician & psychologist
5. Income tax returns or any
document showing the financial
capability of the applicant/s
6. Police clearance of applicant/s
7. Character reference from the local
church/minister, the applicant's
employer & a member of the
immediate community who have
known the applicant/s for at least
5 years;
8. Recent postcard-size pictures of
the applicant/s & his immediate
family
(all must be written & officially
translated in English)



Supervised
Trial Custody
GR: at least 6 months, but court may reduce period
E: aliens must complete the 6-month trial custody
E to E:
1. one who seeks to adopt the legitimate child of his Filipino spouse
2. a former Filipino citizen who seeks to adopt a relative w/in the 4
th
degree of
consanguinity/affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4
th
degree of consanguinity/affinity of the Filipino spouse
at least 6 months from the time of
placement


DOMESTIC ADOPTION ACT OF 1998

Who May File Verified Petition for Rescission of Adoption?
1. Adoptee
a. Over 18 years of age
b. If minor, w/ the assistance of DSWD
2. Guardian or counsel, if over 18 but incapacitated

Note: The adopter CANNOT rescind the adoption, but can merely
disinherit the adoptee as provided under Art. 919, NCC.

Where to File Verified Petition for Rescission?
Family court of the city/province where the ADOPTEE resides.

What is the Period Within Which to File the Petition?
5 years from reaching the age of majority or after recovery from
incompetency.

Order of Hearing
GR: notice to the OSG is DISCRETIONARY
E: If a change of name of the adoptee is prayed for in the
petition, notice to the OSC is MANDATORY

Case Study The social worker verifies w/ the Civil Registry the
real identity & the name of the adoptee & the fact that s/he is
legally available for adoption & that the documents submitted to
support this fact are valid & authentic.

Purpose of Supervised Trial Custody In order for the parties
to adjust psychologically and emotionally to each other and to
establish a bonding relationship

Decree of Adoption - effective as of the date the original
petition was filed





Effects of Adoption
1. adopter will exercise parental authority
2. all legal ties bet. biological parents & the adoptee shall
be severed, except when the biological parent is the
spouse of the adopter
3. adoptee shall be considered a legitimate child of adopter
4. adopters & adoptee shall have reciprocal rights of
succession w/o distinction from legitimate filiation

Grounds for Rescission
1. repeated physical and verbal maltreatment by the
adopter/s despite having undergone counseling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment & failure to comply w/ parental
obligations.

Effects of Rescission
1. parental authority of biological parent or legal custody of
DSWD will be restored
2. reciprocal rights of adopter & adoptee will be
extinguished
3. succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission
4. vested rights prior to the judicial rescission shall be
respected
5. Civil Registrar will cancel the amended certificate of birth
of the adoptee & restore his/her original birth certificate
6. adoptee will use the name stated in his original birth
certificate or foundling certificate

INTER-COUNTRY ADOPTION OF 1995

It is the socio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad where
the petition is filed, the supervised trial custody is undertaken,
and the decree of adoption is issued outside the Philippines