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Property

Regime
Absolute
community
of
Property

What included

What excluded

Charges

All the property owned by the


spouses at the time of the
celebration of the marriage or
acquired thereafter [Art. 91]

Properties acquired before the marriage, for


those with legitimate descendants with a
former marriage (to protect rights of children
by a former marriage)

Under the ACP, spouses cannot


exclude
specific properties from the
regime.

Properties acquired by a gratuitous


donation, inheritance by testate and
succession, including the fruits
properties Except: When expressly
by the donor or testator that the
shall form part of the ACP

Article 94:
Support of the following:
(1) Spouses
(a) Even if not living together, except
when a spouse leaves conjugal
home without just cause
(b) Even during pendency of action
for legal separation/annulment of
marriage
(2) Common children
(3) Legitimate children of previous
marriage
(4) Illegitimate children

Winnings from gambling shall


accrue to
the community property [Art.
95]

title, i.e.
intestate
of such
provided
property

Properties for personal use, Except: Jewelry

Debts and obligations contracted


during the marriage
(1) Either by both spouses or one of
them, with the consent of the other
(2) Creditors need not prove that the
debts benefited the family
Debts contracted by one spouse
without consent of the other ACP is
liable only to the extent that the debt
benefited the family
Tax, liens, repairs (both major and
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Civil Law Review I, Sunday 8:00 am to 12:00 am


First Semester, School Year 2015-2016

minor) on community property


Taxes
and
expenses
for
mere
preservation of separate properties Applies only to separate properties by
either spouse being used by the family,
not those that do not benefit the family
- Expenses limited to minor repairs only
Expenses for professional, vocational,
or self-improvement courses of spouses
Ante-nuptial debts that benefited the
family
Donations by both spouses to common
legitimate children, for purposes of
professional/vocational
courses
or
activities for self-improvement

Conjugal
Partnership
Of Gains

Proceeds, products, fruits, and


income
of
their
separate
properties
Everything acquired by them
within marriage through their
own efforts

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Property brought into a marriage by each


spouse as his/her own
Property acquired by either spouse during the
marriage by gratuitous title
Property acquired by right of redemption, by
barter, or by exchange with property

Civil Law Review I, Sunday 8:00 am to 12:00 am


First Semester, School Year 2015-2016

Expenses of litigation between spouses,


except when suit is groundless
Arts. 121-123
Debts and obligations
(1) Parag. 2: Debts incurred
(a) By administrator-spouse for the
benefit of the family
(b) By both spouses
(c) By one spouse with the consent of
the other

Everything acquired by them by


chance
Acquired by onerous title during
the marriage at the expense of
the common fund
Acquired through the labor,
industry, work, or profession of
either or both spouses
Fruits from common property
and net fruits of the exclusive
property of each spouse
Share of either spouse in
hidden treasure, whether as
finder or owner of property
where treasure was found
Acquired through occupation
such as fishing or hunting

belonging to either spouse


Property purchased with exclusive money of
either spouse
Property purchased by installment, paid
partly with conjugal funds and partly with
exclusive funds, if full ownership was vested
before the marriage [Art. 118]
Improvement on exclusive property: if original
value > new value (where new value = value
of land + value of improvements + net
change in value), then land remains exclusive
property of the owner-spouse, subject to the
reimbursement of the cost of improvement
Money received under the Social Security Act
is not conjugal, although the employeespouse contributes to the SS with his salaries,
but belongs to the designated beneficiary
under the Social Security Law.

(2) Parag. 3: By one spouse without the


consent of the other for the benefit of
the family
(3) Parag. 7: Ante-nuptial debts for the
benefit of the family
Taxes and expenses
(1) Parag. 4: Maintenance of the CPG
properties
(2) Parag. 5: Mere preservation of all
exclusive properties
(3) Parag. 9: Litigation expenses, unless
the suit is groundless
Support
(1) Parag. 1: Support of spouses and
common children
(2) Parag. 6: Education of spouses,
absolute
(3) Parag. 8: Education of common
children, only for value of donation
Support to surviving spouse & children
during liquidation is charged against
the fruits or income of their shares in
the properties. [Art. 133]

Livestock existing at dissolution


of partnership in excess of what
is
brought by either spouse to the
marriage

Collection of credits belonging to one spouse


exclusively but the interests shall belong to
the CPG [Art. 119]
Sale of separate property of a spouse

Debts incurred in the exercise of a


spouses profession

Acquired by chance, such as

Indemnity paid in case of expropriation of

Loan contracts signed by both spouses

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Civil Law Review I, Sunday 8:00 am to 12:00 am


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winnings
betting

from

gambling

or

separate property or under an insurance


policy covering separate property

Moral damages arising from a


contract paid from the CPG
[Zulueta v. Pan Am (1973)]

Debts incurred during the marriage are


presumed to be conjugal and thus are
charged to the CPG

Loans contracted during the


marriage are conjugal, and so is
any
property
acquired
therefrom [Mendoza v. Reyes
(1983)]
Property
purchased
by
installment, paid partly with
conjugal funds and partly with
exclusive
funds,
if
full
ownership was vested during
the marriage; the CPG shall
reimburse the owner-spouse
[Art. 118]
If a winning ticket is bought by
conjugal funds, the prize is
conjugal (otherwise, the prize is
exclusive
property
of
the
spouse who owns the ticket)
Improvement
on
exclusive
property: if original value < new
value (where new value = value

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are conjugal, and they are jointly liable


for payment, even if only one spouse
signs a subsequent promissory note

Civil Law Review I, Sunday 8:00 am to 12:00 am


First Semester, School Year 2015-2016

of
land
+
value
of
improvements + net change in
value), then land becomes
conjugal property, subject to
the reimbursement of the value
of the property of the owner
spouse at the dissolution of the
CPG
Property belonging to one
spouse converted into another
kind totally different in nature
from its original form during
marriage becomes conjugal in
the absence of proof that the
expenses of the conversion
were
exclusively
for
the
account of the original owner
spouse,
subject
to
reimbursement of the value of
the original property from the
conjugal partnership

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Civil Law Review I, Sunday 8:00 am to 12:00 am


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