Take note: know the difference and rules of
CPOG and ACP
Article 88
-absolute community property- the default
regime under the FC
- parties cannot just decide on what their
property regimes are it should be before the
celebration of marriage .
Article 89
-waiver of rights share and effects of absolute
community property.
- prescinding form the concept that property
regimes are governed by law since spouses
cannot themselves determine their own
property regime except in the case of marriage
settlements. It also follows that spouses cannot
waive any right or shares of that property
regime. Especially in the case of absolute
community property. So anytime during the
marriage they cannot make any intentional
relinquishment of their rights that are
concomitant by the rules of absolute
community except in the case of judicial
separation of property. The waiver of rights will
take place after the filing of judicial separation
of property with the approval of the court that
the spouses can make waivers because the
property regime will be terminated or after the
marriage has been dissolved or annulled.
Take note what are the formalities in relation to
Art 77 it must be in writing in a public document
and registered in the civil registry and local civil
registries of properties . the creditors of that
spouse who made such waiver may petition to
the court . the creditors will petition to rescind
and waiver of rights to the extend that the
amount thereof will be sufficient to recover the
amount of their credits.
Rescission means the termination of contracts .
Concept of oblicon: rescission resolution or
rescission proper.
Rescission proper takes place on an account of
economic damage the creditors may question
or assail the validity of the contract. If the rights
to the credits of the creditor the right to collect
as to the debtor spouse will be terminated of
the waiver made by the other spouse tehn
those creditors may petition the court to
rescind that waiver .
Ex. A property worth 1 million and a creditor
has a claim on the husband . without any
judicial separation can a husband make a waiver
in favor of the wife with respect to the value of
the property? The husband can argue “that is
my separate property it is up to me” can a
waiver happen? – NO because under Art 89 .
this also applies to art 87 the waiver is a
gratuitous advantage which is void.
What if the spouses will institute a judicial
separation? – the husband will a waive a right in
the judicial separation leaving no other
exclusive property in favor of the husband ,
question kung ikaw ang creditor naa pa ba ka
masingil sa husband after the waiver? The
answer is No so there is economic damage on
the part of the creditor they may ask the court
to rescind such waiver. Ex. Guy vs ca
Article 90
Gen. rule this chapter governs the absolute
community property
If there are certain issues that cannot be
decided on by the spouses because those issues
do not have provisions that are contemplated
on the FC what are suppletory ? the provisions
of co-ownership .
What constitutes part of the absolute
community property? Art 91-93
Article 91
Gen. rule those included in the absolute
community property (everything will be in
common) are all of the properties owned by the
spouses the reckoning date is at the time of the
celebration of marriage and those properties
acquired thereafter .
Exceptions: except when the law itself provides
it (the law requires makes it exclusive or not or
in the marriage settlements)
What should therefore becomes excluded? – art
92
Art 92
1. Those acquired during the marriage by
gratuitous title (the fruits as well as the
income)
-pure liberality on the part of the donor in
relation to art 87
Modes of gratuitous title:
testamentary succession- if a will or in an
absence of a will ; by way of legal
succession- so the acquisition of inheritance
is gratuitous
grantors- other gratuitous advantages
under the law on property there are
different kinds of fruits :
1. Fruits pertaining to land
2. Civil fruits – fruits that will arise from
civil relations.
Exceptions: the doner will declare that such
donations will form part of the absolute
community property.
Property of exclusive use: clothes of the
spouses, bags , purses etc. except jewelries.
Property acquired before the marriage. By
either spouses who has legitimate
descendants by a former marriage as well
as the fruits and income thereof if any on
such property so gen. rule under at 91 the
reckoning point of marriage is during the
celebration of the marriage so if such
property I acquired before it becomes
exclusive.
Article 93
- Take it in relation to art 91
- All property of the spouses will form
part of the absolute community
property and not only at the time of
marriage but also acquired thereafter.
Unless It is proved excluded.
- Strengthens what covers article 91
Charges upon and the obligations of ACP
 What are the liabilities of absolute
community property?
- Article 94 ->
1. Rule of illegitimate children of
the spouses
- Marriages that are null and void and
then the either of the spouses has an
illigetimate children.
If it is under the absolute community
property
- Financial support is mentioned here.
Primarily the support of the illegimate
children should fall under the parent of
that Illegitimate child.
- Shall be common properties of both
spouses.
- ACP is the property relation governing
the spouses in this kind of situation
2. Gen: debts and obligations
contracted during the marriage
are presumed
To redound to the benefit of the family.
Conditions: 1. Incurred by both spouses
or 1 spouse with the consent of the
other
3. If does not have any consent
with the other spouse? It will be
charged to the absolute
community property if proven
that it only redounded to the
benefit of the family.
(subject to proof)
4. Liens- legal burdens are to be
established over a property by
virtue of which that property
will be compliable for the
payment of that obligation can
be charged over the absolute
community property. There is a
form of security.
Ex. Mortgage
a. Nature of Major or minor
repairs- with respect to
maintenance of common
properties (house, car etc.).
this is for the preservation
of common properties .
Logically since it is for the
benefit of the common
property it should be also
charged to the common
property.
5. Taxes – not talking about the
commont property. This is with
respect to the separate
property of the spouses. But
despite the fact these are
exclusive property the taxes or
expenses incurred on account
thereto there are chargeable on
the absolute community
property if those separate
properties are used by the
family.
Ex. A father gratuitously owns a
farm art 92 provides that it is
excluded but what if the family
uses the farm to built a rest
house or whatnot the taxes and
expenses will be charged in the
absolute community property
despite of it being separate
property of either of the
spouses. (redounded of the
property parin)
6. Ex. Spouse wants to be a doctor
or lawyer it can be charged in
the absolute community
property. As long as it will
redound to the benefit of the
family. Take note : relate it to
Art 73 of the FC if there is an
objection. Where should it be
charged? If the benefit accrued
prior to its objection. What is
the result? – charged against
community property.
If the benefit accrued after the
objection – it shall be enforced
to the separate property of the
spouse who’s consent was not
obtained.
7. Anti-nuptial debts: similar to
par 9
- Deaths or obligations incurred prior to
the celebration of marriage . this cannot
fall under par. 2 and 3 but can under
par 6 & 7
- Rule: it can be charged against the
absolute community but only if it
redounded to the benefit of the family
(there has to be proof that it redounds
to the benefit of the family.)
8. Must be in favor of the
Common children and
legitimate
- Purpose is to complete and commence
a vocational course or other activity for
self improvement.
- This would charge to the community
property because it can redound to the
family.
 What is the distinction between par 6 and nullity of their marriage ,
8? annulment or legal separation
- The expenses of litigation will be
- In par 6 expenses incurred to either of
charged against the absolute
the spouses
community property. except when the
- In par 8 in relation to the children. Here
suit is groundless it will be charged
the rule is specific it should be for the
either one of the spouses.
common children or legitimate and tis
11. Insufficiency of the community
purpose is to commence or complete
property- the responsibility of
professional or vocational courses.
the spouses shall be solidarily
9. Concept of advance expenses
liable of the unpaid balance of
3 types of expenses:
that obligation with their
1. Anti-nuptial debts either
separate properties.
spouse which cannot be
What does solidarily liability
proved to have redounded
mean?- art 1207 & 1208 of the
to the family. Nevertheless
CC.
it is a debt on the part of
1207 in relation to 1208- gives
either spouse
you definition of joint and
2. Support but in favor of the
solidary liability
illegitimate children of
- The credits and debts should presumed
either spouse
to be divided into as many shares as
3. Liabilities incurred by a
there are creditors and debtors but with
spouse by reason of a crime
respect to solidary obligations either
or quasi -delict-
one of the parties shall be obliged
-in relation to art 1157
under the law to comply with the
Gen rule: not chargeable to
entirety of the oblgiations
the absolute community
- Ex A & B are debtors in favor of C & D
property.
creditors . lets say A& B have a debt in
- THESE 3 CANNOT BE CHARGED
an amount of 100,000 .
AGAINST THE ABSOLUTE COMMUNITY
- How much of the value of the debt may
PROPERTY.
be demanded ? as a gen rule of 1207 :
EXCEPTION: If there is an absence or the concurrence of 2 or more persons
insufficiency on the part of the spouse (wala with one or the same obligation will not
exclusive property ang spouse) mean that each of them will be liable
for compliance of the entire debt as a
What is the rule whereby the absolute rule we assume the obligation is joint.
community property will become liable for the Since it is joint each parties will become
3 debts or obligations under par. 9- the liable to the extent of their obligations
payments of these obligations may be on the part of the debtors. On the part
considered as advances . to be deducted from of the creditors each of them may
the share of the debtor spouse upon liquidation demand only to the extent of their
of the community property. share in the obligation in relation to
10. In cases where the spouses will 1208 the debts and the credits shall be
file a judicial declaration of the
 demanded into as many debtors and
creditors as there are.
- In this case A & B are joint debtors of
100,000 in favor of C & D . question
how much can C collect in favor of A ?
- The debt is divided as to how many
creditors. So how much is the liability of
A & B respectively ?
100,000 / 2= 50,000 each
So what if si A gi utangan og 50,000
would that mean the entirety of A’s
debt will go to C?- NO because the
debts and credits will be divided as to
how many debtors and creditors so
since si A nay dapat bayronon na 50,000
that is the credit.Debt in favor of A ,
credit na kolektahon in favor of the
creditors . But how many creditors are
there? There are 2 so that means si C
with respect to A ang iyang pwede ma
kolekta is only to the extent of 25,000
same with respect to B .
In relation to D how much can D
demand from A & B? = 25,000.00 (THIS
IS JOINT)
What about solidary liability? – either
one of the parties be responsible for the
compliance of the entirety of the
prestation(?)
Ex A & B are solidarily liable with
respect to C & D who are also solidarily
creditors. How much can C demand
with respect to A? (A is a solidary
debtor even if there is a co-debtor
likewise with C & D )
Either one of the parties may demand
compl for the entirety of the prestation
or the subject matter of the obligation
in this case what is the subject matter
of the obligation? – the debt 100,000
So if C will demand from A , C may
demand for the entirety of the value of
the 100,000 because either one of the
parties may demand for the entirety of
the prestation. In turn since A solidarily
indebted in favor of C & D A must give
100,000 in its entirety otherwise the
obligation may not be paid in full.
Ex. A & B are solidary debtors and they
are married so what if C, nahurot na
ang mga properties but naa gihapon sila
utang in favor of C against whom can C
hold liable for the 100,000 debt it is
either A & B and either A & B OUT OF
THEIR OWN separate property they will
satisfy the entirety of the debt of
100,000 . (remember Art 1207 & 1208)
Gen rule: it cannot be charged to the
absolute community property except
when it redounds to the benefit of the
family.
Art 95 – Gambling
- In case of loss in gambling will not be
charged to the absolute community of
property but if there are wins it will be
beneficial to the absolute community
property.
Art 96
- There has to be a distinction between
acts of administration vs acts of strict
dominion (or acts of ownership)
- When we say acts of administration or
enjoinment of the common property it
pertains to acts of mere
administration(management,
maintenance) meaning pag-alaga og
preserve sa common property.
- When we talk about acts of strict
dominion or acts of ownership that
pertains to you being the owner. This
means you transfer or convey
properties. (dispose or dispossess of a
property.
- With respect to administration or
enjoinment of properties as a rule it
shall befall to both spouses jointly. Both
spouses or either one of them may
 administer may incur expenses,
maintenance, preserve common
properties . this is a right jointly by
spouses either one of them pay perform
acts of administration and enjoinment
of fruits or income arising from the
community property.
- In case of disagreement as a rule the
husband’s decision shall prevail. In the
family code the wife has a recourse to
the court by the wife for a property
remedy . so if later on a ang wife really
wants her way on how the properties
are to be managed ex. The husband and
wife have fleets of buildings and cars
that they rent to others and they both
do not agree on who to allow to rent
such properties in case of disagreement
since these are administration on how
they manage their properties , the
husband’s decision shall prevail but the
wife has a recourse which shall be filed
within 5 years from the date of the
contract of the decision of the husband.
- So what happens if one of the spouses
is incapacitated from taking care,
administering , managing and
maintaining their properties in
common? Ans. – the other spouse left
behind may assume sole powers of
administration. But take note this
assumption of sole powers of
administration have rules.
- Take note: the sole powers of the other
spouse capable of administering the
common property these do not include
the powers of disposition or
encumbrance because these acts
pertains to strict dominion, they are
acts of ownership. In case of selling
property , encumbering property
(mortgage ,sangla, etc) it cannot be
decided by one spouse alone. It must
always with the approval of the court or
the written consent of the other
spouse. Absent of such requirement it
would render the disposition or
encumbrance VOID. There is no legal
effect.
- WHEN WE TALK ABOUT
ENCUMBRANCE, DISPOSITION WE ARE
REFERRING TO ACTS OF STRICT
DOMINION. That is why there is a
formality involved and that formality is
not the mere consent of the spouse but
the written consent of the other
spouse.
- We said that if we do not comply with
this formality as a general rule: the
disposition or encumbrance is void.
- Exception: nevertheless it would still be
a continuing transaction on the part of
the consenting spouse and it shall be a
perfected and valid contract only upon
the acceptance of the other spouse or
upon subsequent authorization by the
court. When should this happen?
Before the offer is withdrawn by both
offerors.
- Article 96 is an exceptional
circumstance where the law gives effect
to a void contract. Remember art 5 of
the NCC gen. rule: those against
prohibitory or mandatory rules are void
except in case the law itself provides an
effect (art 96) .
- What is the effect if it will be
subsequently accepted? Ans. From the
moment of the acceptance of the other
spouse there will be a valid and binding
contract between the subsequent
spouse and the previous spouse with
the 3rd person.
Ex. Jan. 1 2019 the husband sold their
rest house in favor of X without the
written consent on the part of the wife.
So the contract is void, that sale is void
but before the offer is withdrawn it
shall be construed as a continuing offer
so on feb. 1 the wife gave her written
consent or the court gave the
authorization that that house can be
sold by the husband in favor of the 3 rd
person . Question when did the
contract become valid and binding?
Does it go back to Jan 1 where the
original sale was constituted or will it be
reckon by feb. 1 the time the other
spouse consented – ans. Feb. 1