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CONCEPT

WHEN GOVERNING

ABSOLUTE
COMMUNITY OF
PROPERTY

CONJUGAL
PARTNERSHIP OF
GAINS

COMPLETE
SEPARATION OF
PROPERTY

The spouses are considered


co-owners of all property
brought into the
marriage, as well as those
acquired during the
marriage which is not
otherwise excluded from the
community either by
provisions of the Family Code
or by the marriage
settlement. It is a special
form of co-ownership.
If the marriage is celebrated
under the Civil Code, ACP
shall govern if it was
provided from the
marriage settlement
between future spouses.
If the marriage is celebrated
during the effectivity of
Family Code, ACP shall
govern if it a) if it was
provided in the marriage
settlement between the
future spouses or b) if there

Special type of partnership,


where the husband and
wife place in common
fund the proceeds,
products, fruits and
income from the
separate properties and
those acquired by either
or both spouses through
their efforts or by
chance.

In case of voluntary separation


of property, however, same is
not perfected by mere consent
but upon the decree of the
court approving the same.
Without judicial approval, the
contract or agreement for
separation of property is void.

If the marriage is
celebrated under the Civil
Code, CPG shall govern if
a) it was provided for in
the marriage settlement
between the future spouse;
or b) if there was no
marriage settlement at
the time of celebration
of marriage, or if the
marriage settlement is
void.
If the marriage is

a) By express declaration
in the marriage
settlement
b) By judicial order: a)
finality of a decree of
legal separation; b)
petition of the spouses
for voluntary
separation; upon
petition for judicial
separation due to a
sufficient cause.

was no marriage
settlement at the time of
the celebration of
marriage or if the marriage
settlement is void.

COMMENCEMENT

PROHIBITED WAIVER

PROPERTIES INCLUDED

celebrated during the


effectivity of the Family
Code, CPG shall govern if it
was provided if it was
provided in the
marriage settlement
between the future
spouses.
Can commence at the precise moment that the
marriage is celebrated. Any stipulation, express or
implied, for the commencement of this regime at
any other time shall be void. Hence, the spouses who
reconcile after the finality of the decree of legal separation
may not adopt conjugal partnership of gains/absolute
community of property as their new regime
notwithstanding Sections 13 and 24 of the Rule on Legal
Separation.
No waiver of rights, interests, shares and effects of
the absolute community of property/conjugal partnership
of gains during the marriage.
EXCEPTIONS: when the waiver takes place upon a
judicial separation of property
All the property owned by
a) Properties acquired by
the spouses at the time
onerous title during
of the celebration of the
the marriage at the
marriage or acquired
expense of common
during the marriage
fund;
b) Property obtained
unless excluded in the
during the marriage
marriage settlement or

After the dissolution of the


absolute community or of the
conjugal partnership, the
provisions on complete
separation shall apply. The
final judgment of the
separation shall be recorded in
the proper local civil registries
and registries of property.

Each spouse shall own his/her


earnings and the fruits of his
or her separate property.

under Article 92 of the


Family Code.

from the labor,


industry, work or
profession of either
or both spouses;
c) Fruits from conjugal
properties and net
fruits from separate
properties. (net fruits
refer to the remainder
of the fruits often
deducing the amount
necessary to cover
the expense of
administration of said
exclusive property;
d) Share in the hidden
treasure and those
acquired thru fishing
or hunting;
e) Those acquired thru
chance, such as
winnings from
gambling or betting.
However, losses shall
be borne exclusively
by the loser spouse.
f) Livestock existing at
the time of the
dissolution of the

PROPERTIES EXCLUDED

a) Those acquired from


the absolute
community in the
marriage settlement;
b) Acquired during the
marriage by
gratuitous title by
either spouse, including
fruits and income
thereof unless it is
expressly provided by
the grantor that they
shall form part of the
community property
c) Those acquired
before the marriage
by either spouse who
has legitimate
descendants by a
former marriage,
including the fruits
and income thereof;
d) Those for personal
and exclusive use of
either spouse except

partnership, in excess
of the number of each
kind brought in the
marriage.
a) Properties acquired
prior to the
marriage, except 1)
fruits and income of
said properties, which
shall be included in
the conjugal
partnership; 2) those
included therein in
the marriage
settlement, subject
to the 1/5 limitation
under Article 84
and the rule in 92
(3) of the Family
Code which apply by
analogy;
b) Properties acquired
during the marriage
by gratuitous title;
c) Properties acquired by
right of
redemption, by
barter or by
exchange with

jewelry

CHARGEABLE
OBLIGATIONS

property belonging to
only one of the
spouses;
d) Properties
purchased with
exclusive money.
a) Support of: spouses, common children;
legitimate children of either spouse but
support of illegitimate children of either
spouse is chargeable to exclusive property of
the illegitimate parent;
b) Debts and Obligations:
1) antenuptial debts (commenced before the
marriage) by either spouse are chargeable to
ACP/CPG any if they have redounded to the benefit
of the family;
2) for those contracted during the marriage: if
contracted by both spouse; if contracted by one
spouse with the consent of the other; if contracted
by one spouse without the consent of the other
but only to the extent that they have redounded to
the benefit of the family; if contracted by the
administrator spouse for the benefit of the family;
c) taxes and expenses
1) taxes falling upon ACP/CPG
2) taxes falling upon the separate property, if
used by the family.
3) Expenses incurred on ACP/CPG, whether the
repair is major or minor
4) Expenses incurred on separate property if incurred

The liability of the spouses to


creditors shall, however, be
solidary liable with their
separate properties.
The mutual obligation of the
spouses to support each other
continues except when there is
legal separation between
them.

ADMINISTRATION

DISSOLUTION/TERMINATI
ON

during the marriage; for mere preservation; and


property is used by the family
Administration of the ACP/CPG belongs to both spouses
Each spouse shall thereafter
jointly.
have exclusive management,
Sole administration when allowed:
ownership, and disposition of
a) If one spouse is incapacitated or otherwise
all his earnings and the fruits
unable to participate in the administration of
of his or her separate property
conjugal properties, the other may assume sole
power of administration, without need of court
approval or authorization;
b) If a spouse without just cause abandons the
other or fails to comply with his/her obligation
to the family, the aggrieved spouse may petition
the court for sole administration;
c) During the pendency of a legal separation case,
the court may designate either of the spouses as sole
administration
Causes:
Former property regime between the
a) Death of either spouse
spouses be revived:
Mandatory requirement: the surviving
a) When the civil interdiction of the
spouse must liquidate the ACP/CPG
prisoner-spouse terminates;
either judicially or extrajudicially, within
b) Absent-spouse reappears;
c) When the court, being satisfied
one year from the death of the deceased
that the spouse granted the
spouse.
b) Finality of the decree of legal
power of administration in the
separation;
marriage settlement will not
c) Finality of a judgment of annulment;
again abuse that power,
d) Finality of judgment declaring the
authorizes the resumption of said
marriage void;
property;
e) Upon judicial separation of property

during the marriage, either voluntarily


or for a cause

d) When the spouse who has left the


conjugal home with a decree of
legal separation of legal
separation returns and resumes
common life with the other;
e) Parental authority is judicially
restored to the spouse previously
deprived thereof;
f) When the spouses who have been
separated in fact or at least one
year, reconcile and live together
again; or
g) When after a voluntary separation
property between the spouses,
they agree to revive their former
property regime. But no voluntary
separation of property may
thereafter be granted to them.