1) Would marriage between creditor and debtor extinguish the debt obligation of

the latter with the former? Discuss in the light of ACP, CPG, and CSP

General provisions of the law- Debt, Loan, Obligations, Extinction
A debt is that which is owed by the debtor to a creditor – an obligation to pay a
sum of money either on demand or at a certain future time. In this sense, under
the law on obligations the debtor has the obligation to give, while under the law
on property the creditor’s right to demand payment as well as the credit itself are
his or her personal properties.
The relationship between a creditor and a debtor is governed by law. The law
also provides for modes of extinguishment of a debt obligation. Likewise, their
relationship may be affected by their status, which brings us to marriage. What
will happen to the debt obligation when the creditor and debtor gets married?
The law does not specifically provide the effects of such change of status to the
debt obligation. However, I submit that the effects shall vary depending upon
various qualifying circumstances, and this necessarily involves the kind of
property regime that arises from such marriage.

ACP- Debt obligation extinguished in 2 ways.
There is Merger under Article 1275 of the New Civil Code: In Absolute
Community Property (ACP), the Family Code provides that all properties
separately belonging to each spouse shall form part of their property regime,
subject to some exceptions. The spouses shall likewise be considered as coowners of the ACP. Thus, since the personal property which is the right to
demand payment or the credit itself becomes a part of the ACP, the spouses
become co-owners of such. It would now be absurd for a co-owner to demand
from himself/herself payment of a debt which is co-owed to him/her by
himself/herself. Such absurdity has been considered by the law which is why it
provides the extinction of such obligation through merger.

or the obligation to pay suspended.The debt obligation may or may not be extinguished. CSP. Thus. wherein such shall also be a property of the debtor spouse. the debt becoming due and demandable upon dissolution of the property regime. This is why wealthy and affluent persons enter into painstaking prenuptial agreements to prepare themselves for such contingencies because the debts amount to millions. the debt obligation may be extinguished by implied condonation if the creditor spouse allows the credit or the right to demand payment become part of the CPG. There can be 2 scenarios in this case. The CPG can either be a creditor of the debtor spouse. and not exclusively to the creditor spouse. However. In this case.Demandable The Family Code also allows the spouses to have a complete separation of property. Whether the spouses decide to have ACP in their marriage settlement or are granted such by operation of law. this may not be extinguished when the spouses specifically provide in their marriage settlement or prenuptial agreement that the debt shall continue to exist despite the marriage. Such right to demand is as if waived in favor of the debtor. such would be considered as fruits owed to the CPG. since the marriage does not extinguish the debt owed to others. since such right to demand payment becomes a part of their shared community property. the creditor condones the obligation of the debtor. These would not prejudice 3rd persons who are creditors of either spouse. the spouses decide on what to bring into the marriage as part of their property regime and what to keep as separate properties. there is implied condonation or remission of the debt obligation. and the debt implication should not prejudice other creditors and heirs. It is also noted that when the debt has interests. In Conjugal Partnership of Gains (CPG). there is neither extinction nor suspension of the debt . CPG. until the property regime or the marriage is terminated.Likewise.

even though there be a separation of property agreed upon in the marriage settlement or by judicial decree. the husband cannot sell that which belongs to the CPG without the consent of the wife.000.000.00. by way of reverse accession wherein the principal would now follow the accessory. Further. Thus. However. Can the H sell the land without the consent of the wife? The general rule as provided by the law on property is that the accessory follows the principal. or the law that obligates spouses to render mutual support. During htier marriage.000.obligation. if a building constructed upon the parcel of land is worth P10. since condonation is a gratuitous act. while the parcel of land only costs P2. in relation to the principles of Accession Continua or Accession Industrial. This is to address future implications wherein the spouses would have separate creditors or some other compulsory heirs. It shall subsist along with the marriage. without prejudice to the wife’s right to seek judicial recourse. However. rather. since the law specifically provides that extinctive prescription does not run between spouses.00.000. the fact that the spouses chose CSP does not imply condonation. the principal (parcel of land) would now follow the accessory (building) and consequently becomes a property of the Conjugal Partnership of Gains. it would be the opposite. if dispute would arise. H and W agreed to construct an improvement (bldg. Neither would prescription take place to extinguish the debt obligation. As such. the answer would be qualified relative to the comparative value between the exclusive property and the improvements from the conjugal funds. the decision to be followed would be that of the husband. wherein their rights would be prejudiced by wrongly presuming that the debt obligation between the spouses has become extinguished 2) Husband exclusively owns a parcel of land. the exception to such laws and principles is provided by Article 120 of the Family Code.) thereon out of the conj funds. and would not really be contrary to public policy. . Consent would be required when the value of the improvements exceed that of the parcel of land. Thus.

Thus. the latter would now form part of the former.On the other hand. This would now make the husband the absolute owner of both the land and the improvements.000. whatever is built on the land shall likewise belong to the owner of the land. In this case. Under such scenario. if the parcel of land is worth P5. the law on property on Accession Industrial would now apply wherein the accessory would follow the principal.000.000.00. consent would not be required when the value of the improvements do not exceed the value of the parcel of land. he can sell said properties without the consent of the wife. Thus.00 while the improvements only cost P1.Accession and reverse accession . Either scenario would not of course preclude proper reimbursement upon dissolution of their property regime. Professor Qualify.000.