PERSONS

ACP & CPG

-all the properties owned by the spouses during the marriage (ACP)
-the personal prop remains personal, only the fruits, income and whatever is earned from the prop becomes
conjugal (gains earned become part of the conjugal prop)
-fruits:
civil
industrial
livestock
-dissolution:
ACP: net remainder is divided (prop becomes partly owned by each spouse; part-ownership)
CPG: net profits are the only things that are divided after the dissolution & separate properties are returned
to each spouse
(e.g. livestock= if the wife owned chickens before the marriage and therefore only the profits arising
from the livestock becomes part of the net profits)
solidary liability
ACP: you have a family business that is bankrupt, and the husband manages the business, can the
creditor run after the wife? YES, because it redounded to the benefit of the family

ACP (Article 91-93)

General Rule: all the properties before and after the marriage and those mentioned in the marriage
settlement
take note: some properties that are donated cannot be separate unless it is expressly stipulated by the
donor, but even if the property is the exclusive prop the fruits thereafter are part of the conjugal prop
jewelry shall be part of the conjugal prop, but for example there are modest gifts of vehicles and it is for
the exclusive use of the donee-spouse then it becomes an exclusive property
personal and exclusive use = dependent on the agreement and on the means of the family
if you are ever given anything, and you state it in the MS and you barter it/exchange it, it loses it
separate character and it becomes conjugal applies only to ACP
any proceeds from the sale, becomes part of the ACP
winnings by games of chance or gambling; the losses are not conjugal debts because only the gains or
winnings are considered part of the ACP. Should the debtor spouse be unable to pay it with his/her
separate prop, the creditor cannot run after the other spouse or their conjugal property
in case if the marriage is terminated by death WITH LIQUIDATION= the subsequent marriage is
governed by the ACP

CHARGES IN THE ACP AND CPG:

support of the spouses, the legitimate children of the other spouse, the common children
debts and obligations contracted for the benefit of the family by the administrator spouse
all expenses related to the family business
tuition of the children
taxes
debts and obligations contracted by either spouse without the consent of the other to the extent that
the family is benefited
taxes, liens, charges and expenses for the repairs upon the community property
taxes and expenses for mere preservation made during the marriage upon the separate property of
either spouse used by the family
preservation expense: roofing for the exclusive property, like a farm
in CPG: whether or not it is used by the family or not"
expenses to enable either spouse to commence or complete a professional or vocational course (self-

improvement)
 improvement)
antenuptial debts of either spouse as they have benefited the family
value of the donation by both spouses in favor of their common legitimate children
both spouses MUST agree and must be for the legitimate common children
antenuptial debts of either spouse other than those in par 7, support of the illegitimate children,
liabilities incurred by either spouse by reason of a crime or a quasi-delict
Article 122 governs if CPG
not really considered a community debt, but rather, an advance
NO COUNTERPART IN THE CPG
expenses of litigation between the spouses unless the suit is found to be groundless
suing each other, NOT other people
the one who is liable is the one who filed the groundless suit

COMMUNITY DEBT = COMMUNITY PROPERTY

Separate Property = after the deduction from the community property, applies before unless there is an
insuciency

WHAT ARE CONSIDERED PART OF THE CPG

proceeds of products, fruits, income received from gratuitous title

income and interest earned during the marriage from the labor, industry, work or profession
winnings from games of chance or gambling
acquired by onerous title by the use of the common fund even if done by only one of the spouses
as long as there is a barter, an exchange of something with equal value, is considered acquired by
onerous title
medical expenses
any salary earned
gross profits earned from the properties owned - cost of administrations (taxes, water, utilities) = NET
FRUITS
common property = gross fruits
net profits = separate properties
share of the spouse in hidden treasure
ill gotten wealth that is discovered is not considered hidden treasure
it has to be returned as long as ownership can be established
fishing and/ or hunting and mining
livestock existing upon the dissolution of the partnership in excess of the number of each kind brought
to the marriage by either spouse
the debtor cannot oer the worse and the creditor cannot demand for all the best

EXCLUSION:

properties bought for his/her own benefit

property (i.e. jewelry, honorarium) earned
retirement benefits where the employee does not contribute
as long as it is gratuitous is belongs to the exclusive spouse
tips or over payments received
like tips earned from being a waiter
moral or exemplary damages
right of redemption, barter, or exchange with property belonging to only one of the spouses
properties purchased by the exclusive money of one spouse

OWNERSHIP, ADMINISTRATION, ENJOYMENT AND DISPOSITION:

administration refers to acts that are when the spouses can enjoy their properties
acts of administration is dierent from alienation and disposition

administration and enjoyment shall belong to both spouses jointly; the husbands decision shall prevail
 administration and enjoyment shall belong to both spouses jointly; the husbands decision shall prevail
only when there is a disagreement
joint administration talks about the enjoyment, not an act of disposition
incapacity of one of the spouses to administer, then the other spouse may assume sole administration
of the common properties

TERMINATION OF ACP OR CPG:

death of one of the spouses

decree of legal separation
property regime may be revived
marriage is annulled or declared void
spouses acting in bad faith who forfeits his right
absolute nullity decree = NO ACP; nothing to liquidate, but should identify who made debts to whom
(whether conjugal or separate)
cases of judicial separation of the property during the marriage under Articles 134-138
adavit of reappearance
guilty spouse will forfeit his share in the net profits (forfeiture in the communal property, not including
his own personal property)

DISSOLUTION OF THE ACP:

marriage itself is dissolved by the death or annulment or declaration of nullity

COUPLES WHO SEPARATE IN FACT = NO DISSOLUTION IN THE ACP OR CPG

NOT binding on the creditors and can file suits against the spouses
an heir can challenge the separation de facto if the spouses die
no support if no justifiable right of the spouse who left the conjugal home
judicial authorization shall be obtained in a summary proceeding
absence of sucient community property

ABANDONMENT
if you are the abandoned, you can ask to be the sole administrator
includes financial and moral abandonment

LIQUIDATION OF THE ACP

does not apply to void marriages

procedure
inventory (listing down both community and exclusive properties and valued at market price/value)
pay the debts & obligations of the community properties
delivery of the remaining exclusive properties of the spouses
partitioning of the net assets (net remainder), divided EQUALLY UNLESS THERE IS A DIFF
PROPORTION AGREED UPON IN THE MARRIAGE SETTLEMENT
computing for the net profits subject to the forfeiture (Articles 43 (2) and Article 63 (2)) <Net profits =
market value - acquisition value>
delivery of presumptive legitime

LIQUIDATION UPON DEATH:

done in the a judicial proceeding for the deceaseds estate

any debt that can be charged to the ACP cannot be brought against the surviving-spouse
support ends at the death of one of the spouses
TAKE NOTE: DAEL VS CA
CSP in the 2nd marriage if no liquidation from the first marriage if terminated by death
ARTICLE 120 only applies when there is a LAND THAT IS EXCLUSIVELY OWNED BY ONE OF THE
SPOUSES, and there is an IMPROVEMENT
if the lot itself is conjugal and the spouse decides to build a house, it is still conjugal and Article 120 will
not apply