Absolute

Community Property Difference Conjugal Partnership Gains

Default property regime under the Default Default property regime under the
Family Code, in the absence of Property Old Civil Code
marriage settlement, or when the Regime
regime agreed upon is void

Art. 88. The absolute community of Commencement Art. 88. The absolute community of
property between spouses shall property between spouses shall
commence at the precise moment commence at the precise moment
that the marriage is celebrated. Any that the marriage is celebrated. Any
stipulation, express or implied, for stipulation, express or implied, for
the commencement of the the commencement of the
community regime at any other community regime at any other
time shall be void. time shall be void.

Art. 91, FC. Unless otherwise What Art. 106,FC. Under the regime of
provided in this Chapter or in the constitutes conjugal partnership of gains, the
marriage settlements, the ACP/CPG husband and wife place in a
community property shall consist of common fund the
ü all the property owned by the spouses ü proceeds, products, fruits and
at the time of the celebration of the income from their separate
marriage or properties and
ü acquired thereafter. ü those acquired by either or both
ü including winnings from spouses through their efforts or by
gambling (Art. 95, FC) chance, and,
ü upon dissolution of the marriage or
of the partnership, the net gains or
{ basically EVERYTHING, hence no need benefits obtained by either or both
to worry about interest, winnings, spouses shall be divided equally
fines, etc. (see Articles 106, 115, between them, unless otherwise
118, 119, 120) agreed in the marriage settlements.

Art. 117. The following 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 one 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 which 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; and
7) Those which are acquired by
chance, such as winnings from
gambling or betting. However,
losses therefrom shall be borne
exclusively by the loser-spouse.

Including: (Family Code)
ü Art. 118. Property bought on
installments paid party from
exclusive funds of either spouses
and arty from conjugal funds, if full
ownership was vested DURING the
marriage (subj to reimbursement
upon liquidation of partnership)
ü Art. 119. Interest falling due DURING
the marriage, accruing from a credit
payable to the spouse (but the
principal belongs exclusively to the
creditor-spouse)
ü Art. 120. Ownership of
improvements (whether for utility
or adornment) on the separate
property of the spouses at the
expense of the partnership or
through the acts/efforts of either or
both spouses belong to the CPG OR
the owner-spouse subject to
reimbursement

Art. 92, FC. The following shall be Exclusions FC Art. 109. The following shall be
excluded from the community the exclusive property of each
property: spouse:
1) Property acquired during the 1) That which is brought to the
marriage by gratuitous title by marriage as his or her own;
either spouse, and the fruits as well 2) That which each acquires during
as the income thereof, if any, unless the marriage by gratuitous title;
it is expressly provided by the donor, 3) That which is acquired by right of
testator or grantor that they shall redemption, by barter or by
form part of the community exchange with property belonging
property; to only one of the spouses; and
2) Property for personal and exclusive 4) That which is purchased with
use of either spouse. However, exclusive money of the wife or of
the husband.
 jewelry shall form part of the
community property; Also:
3) Property acquired before the ü Art. 122. Payment of personal debts
marriage by either spouse who has of H/W before/during the marriage
legitimate descendants by a former which has NOT redounded to the
marriage, and the fruits as well as benefit of the family
the income, if any, of such property. ü Art. 122. Fines and pecuniary
indemnities imposed upon the H/W
{ Art. 92 (1) even fruits are excluded
{ Art. 109 (2) only the property is
excluded but its fruits belong to the
CPG
Art. 90, FC. The provisions on CO- Suppletory Rule FC Art. 108. The conjugal
OWNERSHIP shall apply to the partnership shall be governed by
absolute community of property the rules on the contract
between the spouses in all matters of PARTNERSHIP in all that is not in
not provided for in this Chapter. conflict with what is expressly
determined in this Chapter or by
{ Hence, simply divide by two the spouses in their marriage
settlements.

{ Still have to worry about who uses,
who pays, etc.
FC Art. 93. Property acquired during Presumption Article 160, NCC. All property of the
the marriage is presumed to belong marriage is presumed to belong to
to the community, unless it is the conjugal partnership, unless it
proved that it is one of be proved that it
those excluded therefrom. pertains exclusively to the husband
or to the wife.

FC Art. 94. The absolute community Charges from Art. 121. The conjugal partnership
of property shall be liable for: ACP/CPG shall be liable for:
1) The support of the spouses, their 1) The support of the spouse, their
common children, and legitimate NOTE: Art. 94 common children, and the
children of either spouse; however, (5) vs. Art. 121 legitimate children of either spouse;
the support of illegitimate children (5) however, the support of illegitimate
shall be governed by the provisions children shall be governed by the
of this Code on Support; Art. 94 has #9 provisions of this Code on Support;
2) All debts and while Art. 121 2) All debts and obligations
obligations contracted during the has no such contracted during the marriage by
marriage by the designated provision. Such the designated administrator-
administrator-spouse for provision for spouse for the benefit of the
the benefit of the community, or by CPG is found in conjugal partnership of gains, or by
both spouses, or by one spouse with Art. 122. both spouses or by one of them
the consent of the other; with the consent of the other;
3) Debts and obligations contracted 3) Debts and obligations contracted
by either spouse without the by either spouse without the
consent of the other to the extent consent of the other to the extent
that the family may have that the family may have benefited;
been benefited; 4) All taxes, liens, charges, and
4) All taxes, liens, charges and expenses, including major or minor
expenses, including major or minor repairs upon the conjugal
partnership property;
 repairs, upon the community 5) All taxes and expenses for mere
property; preservation made during the
5) All taxes and expenses for mere marriage upon the separate
preservation made during marriage property of either spouse;
upon the separate property of 6) Expenses to enable either spouse
either spouse used by the family; to commence or complete a
6) Expenses to enable either spouse professional, vocational, or other
to commence or complete a activity for self-improvement;
professional or vocational course, or 7) Antenuptial debts of either spouse
other activity for self-improvement; insofar as they have redounded to
7) Antenuptial debts of either spouse the benefit of the family;
insofar as they have redounded to 8) The value of what is donated or
the benefit of the family; promised by both spouses in favor
8) The value of what is donated or of their common legitimate children
promised by both spouses in favor for the exclusive purpose of
of their common legitimate commencing or completing a
children for the exclusive purpose of professional or vocational course or
commencing or completing other activity for self-improvement;
a professional orvocational and
course or other activity for self- 9) Expenses of litigation between the
improvement; spouses unless the suit is found to
9) Antenuptial debts of either spouse groundless.
other than those falling under
paragraph (7) of this Article, If the conjugal partnership is
the support of illegitimate insufficient to cover the foregoing
children of either spouse, liabilities, the spouses shall be
and liabilities incurred by either solidarily liable for the unpaid
spouse by reason of a crime or a balance with their separate
quasi-delict, in case of absence or properties.
insufficiency of the exclusive
property of the debtor-spouse, the Including:
payment of which shall be ü Art. 122. Payment of personal debts
considered as advancesto be of H/W before/during the marriage
deducted from the share of the insofar as they redounded to the
debtor-spouse upon liquidation of benefit of the family
the community; and ü Art. 122. Personal debts, fines and
10) Expenses of litigation between the indemnities, support of illegitimate
spouses unless the suit is found to children of either spouse, may be
be groundless. enforced against the partnership
upon the ff conditions:
If the community property is 1) After the responsibilities under
insufficient to cover the foregoing Art. 121 are paid, AND
liabilities, except those falling under 2) If the spouse has no exclusive
paragraph (9), the spouses shall be property or sufficient property
solidarily liable for the unpaid 3) Provided, that these will be
balance with their separate charged to the spouse upon
properties. liquidation of the partnership

FC Art. 96. The administration and Ownership, FC Art. 124. The administration and
enjoyment of the community Administration enjoyment of the conjugal
property shall belong to both & enjoyment partnership shall belong to both
spouses jointly. spouses jointly.
· Same as Art. 96
· Disagreement: husband's decision
shall prevail, subject to recourse to FC Art. 142. The administration of
the court by the wife for proper all classes of exclusive property of
remedy, which must be availed of either spouse may be transferred by
within five years from the date of the court to the other spouse:
the contract implementing such 1) When one spouse becomes
decision. the guardian of the other;
· One spouse is 2) When one spouse is judicially
incapacitated/unable to participate declared an absentee;
in the administration of the conjugal 3) When one spouse is sentenced to
properties: the other spouse may a penalty which carries with it civil
assume sole powers of interdiction; or
administration. These powers do 4) When one spouse becomes
not include disposition or a fugitive from justiceor is in hiding
encumbrance without authority of as an accused in a criminal case.
the court or the written consent of
the other spouse. In the absence of If the other spouse is not qualified
such authority or consent, the by reason of incompetence, conflict
disposition or encumbrance shall be of interest, or any other just cause,
void. However, the transaction shall the court shall appoint a suitable
be construed as a continuing offer person to be the administrator.
on the part of the consenting spouse
and the third person, and 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 or both offerors.

Art. 100 (3) FC. In the absence of Support of Art. 127 (3). In the absence of
sufficient community property, the family in case of sufficient conjugal partnership
separate property of both spouses separation in property, the separate property of
shall be solidarily liable for the fact bet. H&W both spouses shall be solidarily
support of the family. The spouse liable for the support of the family.
present shall, upon proper petition The spouse present shall, upon
in a summary proceeding, be given petition in a summary proceeding,
judicial authority to administer or be given judicial authority to
encumber any specific separate administer or encumber any
property of the other spouse and specific separate property of the
use the fruits or proceeds thereof to other spouse and use the fruits or
satisfy the latter's share. proceeds thereof to satisfy the
latter's share.
Art. 99. The absolute community Termination FC Art. 126. The conjugal
terminates: partnership terminates:
1) Upon the death of either spouse; 1) Upon the death of either spouse;
2) When there is a decree of legal 2) When there is a decree of legal
separation; separation;
3) When the marriage is annulled or 3) When the marriage is annulled or
declared void; or declared void; or
4) In case of judicial separation of 4) In case of judicial separation of
property during the marriage under property during the marriage under
Article 134 to 138. Articles 134 to 138.

 Art. 102. Upon dissolution of the Dissolution Art. 129. Upon the dissolution of
absolute community regime, the the conjugal partnership regime,
following procedure shall apply: NOTE: Art. 102 the following procedure shall apply:
1) An inventory shall be prepared, (5) and Art. 129
1) An inventory shall be prepared,
listing separately all the properties (8) apply only in listing separately all the properties
of the absolute community and the Articles 40 and of the conjugal partnership and the
exclusive properties of each spouse. 45. exclusive properties of each spouse.
2) The debts and obligations of the 2) Amounts advanced by the
absolute community shall be paid conjugal partnership in payment of
out of its assets. In case of personal debts and obligations of
insufficiency of said assets, the either spouse shall be credited to
spouses shall be solidarily liable for the conjugal partnership as an asset
the unpaid balance with their thereof.
separate properties in accordance 3) Each spouse shall be reimbursed
with the provisions of the second for the use of his or her exclusive
paragraph of Article 94. funds in the acquisition of property
3) Whatever remains of the exclusive or for the value of his or her
properties of the spouses shall exclusive property, the ownership
thereafter be delivered to each of of which has been vested by law in
them. the conjugal partnership.
4) The net remainder of the 4) The debts and obligations of the
properties of the absolute conjugal partnership shall be paid
community shall constitute its net out of the conjugal assets. In case of
assets, which shall be divided insufficiency of said assets, the
equally between husband and wife, spouses shall be solidarily liable for
unless a different proportion or the unpaid balance with their
division was agreed upon in the separate properties, in accordance
marriage settlements, or unless with the provisions of paragraph (2)
there has been a voluntary waiver of of Article 121.
such share provided in this Code. 5) Whatever remains of the exclusive
For purpose of computing the net properties of the spouses shall
profits subject to forfeiture in thereafter be delivered to each of
accordance with Articles 43, No. (2) them.
and 63, No. (2), the said profits shall 6) Unless the owner had been
be the increase in value between indemnified from whatever source,
the market value of the community the loss or deterioration of
property at the time of the movables used for the benefit of
celebration of the marriage and the the family, belonging to either
market value at the time of its spouse, even due to fortuitous
dissolution. event, shall be paid to said spouse
5) The presumptive legitimes of the from the conjugal funds, if any.
common children shall be delivered 7) The net remainder of the conjugal
upon partition, in accordance with partnership properties shall
Article 51. constitute the profits, which shall
6) Unless otherwise agreed upon by be divided equally between
the parties, in the partition of the husband and wife, unless a different
properties, the conjugal dwelling proportion or division was agreed
and the lot on which it is situated upon in the marriage settlements or
shall be adjudicated to the spouse unless there has been a voluntary
with whom the majority of the waiver or forfeiture of such share as
common children choose to remain. provided in this Code.
Children below the age of seven 8) The presumptive legitimes of the
years are deemed to have chosen common children shall be delivered
 the mother, unless the court has upon the partition in accordance
decided otherwise. In case there in with Article 51.
no such majority, the court shall 9) In the partition of the properties,
decide, taking into consideration the conjugal dwelling and the lot on
the best interests of said children. which it is situated shall, unless
otherwise agreed upon by the
{ Formula: Net proceeds = Net Assets/2 parties, be adjudicated to the
spouse with whom the majority of
the common children choose to
remain. Children below the age of
seven years are deemed to have
chosen the mother, unless the court
has decided otherwise. In case
there is no such majority, the court
shall decide, taking into
consideration the best interests of
said children.

{ Formula: Net remainder = Net
Profits/2

No such proof Proof In Articles 106, 115, 118, 119, 120,
it may be proved whether the
property belongs to the CPG or is an
exclusive property of the spouse