Art.
70: The spouses are jointly responsible for EXPENSES FOR SUPPORT AND OTHER
the support of the family. The expenses for
such support and other conjugal obligations
shall be paid from the community property and,
in the absence thereof, from the income or
fruits of their separate properties. In case of
insufficiency or absence of said income or
fruits, such obligations shall be satisfied from
the separate properties.
Art. 71: The management of the household
shall be the right and the duty of both spouses.
The expenses for such management shall be
paid in accordance with the provisions of
Article 70.
Art. 72: When one of the spouses neglects his
or her duties to the conjugal union or commits
acts which tend to bring danger, dishonor or
injury to the other or to the family, the
aggrieved party may apply to the court for
relief.
CONJUGAL OBLIGATIONS:
1. From the community property
2. In absence thereof income of fruits of
the separate properties
3. If insufficient or absent from the
separate properties themselves.
- Shall be the right and duty of both
spouses regardless of what the
property regime is.
- In the event that one of the spouses
neglects his or her duties or commits
acts that endanger or dishonor the
family he aggrieved party may apply to
the court for relief.
FORMS OF RELIEF:
1. Legal separation
2. Psychological incapacity
3. Petition for receivership judicial,
separation of property to become sole
administrator of property.
Art. 73: Either spouse may exercise any
legitimate profession, occupation, business or
activity without the consent of the other. The
latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall decide
whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family prior
to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting
obligation shall be enforced against the
separate property of the spouse who has not
obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith.
PROPERTY RELATIONS
Art. 74: The property relationship between
husband and wife shall be governed in the
following order:
1. By marriage settlements executed
before the marriage;
2. By the provisions of this Code; and
3. By the local custom.
- Based on presumption, despite Exceptions: For the separate properties to be
objection (before or after) it will still go to liable the other spouse must have no knowledge
family. of the immoral activity and therefore could not
- VAWC: If husband prevents you from give an objection even if benefit accrues to the
doing a right then punishable by law. family.
- The objection must be all valid, serious,
and on moral grounds at the same time. Exception liability against separate property: If
- If it is an isolated activity—contract— the creditor did not know of the immoral activity
without consent of other spouse, the or thought it was to be used for a legitimate
conjugal spouse can’t be liable business, creditor can collect from conjugal
GENERAL RULE: properties.
1. Obligations incurred before or after the
marriage but redounding to the benefit
of the family shall be charged to the
conjugal properties
2. Spouse’s job redounds to the benefit of
the family thus obligations can be
satisfied from the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.
Marriage Settlements: must be in writing EFFECT OF NO MARRIAGE SETTLEMENT:
signed by the parties, and made prior to the 1. If the mortgage was registered then
celebration of the marriage if it is not in writing the new spouse’s property will also be
it shall be unenforceable. liable.
- If there is no marriage settlement 2. If the mortgage was not registered the
agreed upon or if the same is void, new spouse will not be liable but the
then the absolute community if mortgage will be impaired and the

Art. 75: The future spouses may, in the
marriage settlements, agree upon the regime
of absolute community, conjugal partnership of
gains, complete separation of property, or any
other regime. In the absence of a marriage
settlement, or when the regime agreed upon is
void, the system of absolute community of
property as established in this Code shall
govern.
Article 76: Modifications in marriage
settlement must be made before the
celebration of the marriage.
property will prevail. debtor spouse will loose the right to
EFFECT OF MARRIAGE SETTLEMENT: make use of the period.
1. Property in marriage settlement is  Must give new securities so as
registered did not redound to family, not to loose the period.
creditor cant get from co-owned
2. If marriage settlement is not registered, * If the marriage settlement does not
can get from co-owned particularize any valid property regime such
3. If redounded to benefit of family can provision is void and thus the absolute
get from co-owned even if not community of property shall prevail.
registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not
fair as long as the disadvantaged spouse
shows that he/she understood it then the
marriage settlement shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a
social rule, legally binding and obligatory.
- If a marriage settlement is absent or property
regime agreed upon is void, Absolute
community of property will govern.
Art. 77: The marriage settlements and any Exception under Article 66 and 67: Revival
modification thereof shall be in writing, signed or adoption of new property regime when
by the parties and executed before the those legally separated have reconciled.
celebration of the marriage. They shall not Exception under Article 128: in case of
prejudice third persons unless they are abandonment of a spouse other spouse can
registered in the local civil registry where the petition for receivership or administration of
properties or judicial decree of separation of
marriage contract is recorded as well as in
properties
the proper registries of properties. (Oral
Exception under Article 135: Further
marriage settlement is VOID)
 grounds for judicial separation of property
Exception under Article 136: voluntary and
verified petition in court of both spouses to
modify regime into separate community of
property regime.
Art. 78: A minor who according to law may - Now a minor or a person below 18 years old
contract marriage may also execute his or her cannot contract to a marriage. An 18-year-old
marriage settlements, but they shall be valid person deciding to get married can execute a
only if the persons designated in Article 14 to marriage settlement without obtaining consent.
give consent to the marriage are made parties
to the agreement, subject to the provisions of
Title IX of this Code.
Art. 79: For the validity of any marriage - It is mandatory that a person with civil
settlement executed by a person upon whom a interdiction must have a guardian appointed by
sentence of civil interdiction has been the court to be involved in making the marriage
pronounced or who is subject to any other settlement
disability, it shall be indispensable for the CIVIL INTERDICTION: deprives the offender
guardian appointed by a competent court to be during the sentence, rights in marriage,
made a party thereto. parental rights, and administration of property.
Art. 80: In the absence of a contrary Extrinsic validity: The form of the contract has
stipulation in a marriage settlement, the to follow whatever is the law in the country for
property relations of the spouses shall be changes to be made (change title etc.)
governed by Philippine laws, regardless of the
place of the celebration of the marriage and
their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
3.With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Art. 81: Everything stipulated in the - The reason for the marriage settlement is the * Donations in marriage settlements are
settlements or contracts referred to in the marriage itself thus if it does not take place revoked by operation of law.
preceding articles in consideration of a future the marriage settlement shall not be valid. -
marriage, including donations between the The provisions in a marriage settlement are
prospective spouses made therein, shall be separable thus if there are provisions which
rendered void if the marriage does not take are invalid then only the invalid provisions will
place. However, stipulations that do not be ineffectual while the rest will be enforced.
depend upon the celebration of the marriages
shall be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76 Those not written, signed and made before the
celebration
Article 76 Those that stipulate that neither local custom
nor absolute community of property will govern
without stipulating any other kind of property
regime.
Article 80 Those made by a person upon who a sentence Exception: unless a guardian appointed made
of civil interdiction is given by a competent court is made party thereto
Article 81 Those stipulated in marriage settlement or Exception: stipulations that don’t depend on
contracts made in consideration of marriage the celebration of the marriage shall remain
(donations) will be void if marriage does not valid.
take place
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third Exception to third party rule: If indebtedness
parties. If registered third parties cannot go after conjugal benefited to the family then can go after community
property of property.
No marriage settlements: If there is no marriage settlement: Exception to impairment of property: if debtor
Absolute community of 1. If property is registered then spouse is bound by immediately gives new property equally satisfactory
property. mortgage or get consent of X to the security or collateral
2. If property is not registered then property is already established, then he does not loose period
impaired and the debtor looses period of loan. of loan.
DONATIONS
Art. 82: Donations by reason of marriage are DONATIONS PROPTER NUPTIAS: Procedure--Movable:
those, which are made before its celebration, in 1. Donations are to be made prior to the 1. Accepted personally or
consideration of the same, and in favor of one or celebration of marriage representative
both of the future spouses. 2. Must be made in favor of 1 or both of the 2. Made in lifetime of donor
spouses. and donee
Art. 83: These donations are governed by the Can be made by a third party in the settlement. 3. Can be orally given as long

rules on ordinary donations established in Title
III of Book III of the Civil Code, insofar as they
are not modified by the following articles.
Art. 84: If the future spouses agree upon a
regime other than the absolute community of
property, they cannot donate to each other in
their marriage settlements more than one-fifth of
their present property. Any excess shall be
considered void.
Donations of future property shall be governed
by the provisions on testamentary succession
and the formalities of wills.
Article 85: Donations by reason of marriage of
property subject to encumbrances shall be valid.
In case of foreclosure of the encumbrance and
the property is sold for less than the total
amount of the obligation secured, the donee
shall not be liable for the deficiency. If the
property is sold for more than the total amount
of said obligation, the donee shall be entitled to
the excess.
Donation between spouses: as
1. A valid marriage settlement must stipulate with simultaneous delivery or
another regime than Absolute Community of document representing right of
Property (ACP) donated (if above 5000 then must
2. Donation cannot be more than 1/5 of the be in writing)
present property of the donee spouse.
3. Must be accepted and comply with other. Procedure--Immovable:
Exception: 1/5 rule will not apply if donation is in 1.must be in public document 2.
a separate deed, provided he has enough to Acceptance made in that
support himself and those relying on him. document or separate
3. Must be made in lifetime of
donor.
DONATIONS EXCLUDED:
1. Made in favor of the
spouses after the
celebration of the marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
though they may be
founded on the marriage.
ENCUMBRANCE: Anything that impairs the use or
transfer of property (burdened)
- If the object of the donation is encumbered it is still
valid but the donee’s rights is still subject to the
encumbrance.
IN CASE OF ENCUMBRANCE OF PROPERTY:
1. Donee wont be liable for insufficiency of property
to creditor. The donor will still be liable for that.
2. Donee can keep excess if property more than
satisfies the debt.
3. Donee cannot ask for reimbursement from donor
if mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if
sold for more than amount.
Art. 86: A donation by reason of marriage may be
revoked by the donor in the following cases: 1. If
the marriage is not celebrated or judicially
declared void ab initio except donations made in
the marriage settlements, which shall be governed
by Article 81;
2. When the marriage takes place without
the consent of the parents or guardian, as
required by law;
3. When the marriage is annulled, and the
donee acted in bad faith;
4. Upon legal separation, the donee being
the guilty spouse;
5. If it is with a resolutory condition and the
condition is complied with;
6. When the donee has committed an act of
ingratitude as specified by the provisions of the
Civil Code on donations in general.
1. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
(including art. 52-53) Prescription: marriage settlement it will be revoked
- Marriage is void: 5 years from Judicial by operation of law. Exception: If the
Declaration of Nullity (if doesn’t want to give it marriage is void due to Article 40, or
back, prescribe after 8 years for movable, 30 Article 44, then automatically revoked
years for immovable)
- Marriage not celebrated: 5 years from when it was
not celebrated
2. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent
was not obtained, after the marriage.
3. Upon legal separation when donee is the guilty Exception: if the ground for legal
spouse Prescription: separation is infidelity in the form of
- 5 years from finality of decree. adultery or concubinage it will be
automatically void.
4. When there is a resolutory cause and the condition Exception: between husband and
has been complied with Prescription: wife prescription does not run.
5 years from the happening of the resolutory condition.

6. Acts of ingratitude:
- Donee commits an offense against the person or
property of the donor, his wife, or children
- Donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee -
Donee unduly refuses to support donor when he is legally
or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of
the fact of ingratitude
Art. 87: Every donation or grant of gratuitous - What constitutes a moderate gift depends on the Void Donations: (considered indirect
advantage, direct or indirect, between the financial capacity of the donor. donations to the spouse)
spouses during the marriage shall be void, except - Under the last sentence of Art. 87it must be 1. To a stepchild who has no
moderate gifts which the spouses may give each shown that the donation was made at a time compulsory or legal heirs
other on the occasion of any family rejoicing. The when they were still living together as husband 2. To a common child who has o
prohibition shall also apply to and wife without the benefit of marriage. compulsory or legal heirs
 persons living together as husband and wife - Validity of donation or transfer cannot be 3. To the parents of the other
without a valid marriage. challenged by anyone unless those that will be spouse
affected by the donation. 4. To the other souse’s
RESERVA TRONCAL: the ascendant who inherits from adopted child
his descendant any property which the later may have 5. To common adopted child
acquired by gratuitous title from another ascendant or who has no other
sibling is obliged to reserve such property for the benefit compulsory and or legal
of relatives within the 3rd degree and who belong to the heirs.
same line.
Ex. H is married to W and has a son S. H has a brother
B. H dies and donates to S his property. After which, S
dies without any heirs and thus the property goes to W. If
W dies the property does not go to her heir but to B so
that the property stays in the same line of the original
owner (once owed by H) and is within the third degree of
S.

Property Regime What included What excluded Notes Charges Liquidation process
Absolute All properties Article 92: Art. 89: No waiver of rights, Article 94: Termination: Art.
community of owned before 1.provided in marriage shares and effects of the 1. Support (spouses, 97: Either spouse
property Art. 88: and after. settlement absolute community of common & legitimate may dispose
The absolute 2. Personal and property during the children) by will of his or her
community of Art. 91: Unless exclusive use of either marriage can be made - Even beyond age of interest in the
property between otherwise provided spouse (except jewelry) - except in case of judicial majority community property.
spouses shall in this Chapter or in However if exclusive separation of property. 2. Debts & obligations
commence at the the marriage property is used to made by both, Art. 98: Neither
precise moment settlements, the purchase something else When the waiver takes administrator, or with spouse may donate
that the marriage community property such property becomes place upon a judicial consent of other spouse any community
is celebrated. Any shall consist of all part of ACP separation of property, or (even if did not redound) 3. property without the
stipulation, the property owned 1.Property acquired by after the marriage has been D & O without consent but consent of the other.
express by the spouses at gratuitous title including dissolved or annulled, the redounded. However, either
or implied, for the the time of the the fruits and income 4. Expenses for
same shall appear in a spouse may, without
commencement of celebration of the UNLESS the guarantor community property
public instrument and shall the consent of the
the community marriage or expressly said they will (taxes, liens, charges) 5.
be recorded as provided in other, make
regime at any other acquired thereafter. form part of ACP Taxes & expenses for
- Must be a valid donation Article 77. The creditors of moderate donations
time shall be void preservation during
the spouse who made such from the community
 (cant be donation made waiver may petition the marriage of separate property for charity or
(Default regime if Art. 93: Property by one spouse to court to rescind the waiver property used by on occasions of
nothing stipulate – acquired during the another) to the extent of the family 6. Expenses for family rejoicing or
exception: marriage is 2.Property acquired by amount sufficient to cover selfimprovement or family distress Article
subsequent presumed to either spouse who has the amount of their credits. profession. 99:
marriage after belong to the legitimate descendants * No waiver of rights, 7. Antenuptial debts 1. Death
death will community, unless and the fruits of that interests, shares, and redounding to family - Same proceeding
automatically be it is proved that it is property effects without judicial 8. Donation made by as settlement of
CSP if there was one of those *Winnings from gambling separation or dissolution both spouses for children estate. Spouse shall
no proper excluded (losses borne by looser) or annulment of marriage to liquidate property if
liquidation of the therefrom. – shall appear in a public pursue vocation or no judicial settlement
properties of the instrument (creditors may selfimprovement proceeding within 1
previous marriage) rescind waiver up to extent 9. For illegitimate year. After 1 year
of the debt) children, fines for cannot may
Art. 90: The crimes/quasi delict in case encumbrance on
provisions on Art. 96: The administration of property.
coownership shall and enjoyment of the insufficiency. 2. Legal separation
apply to the community property shall (Advances) 10. Expenses 4. Annulled or
belong to both spouses for litigation * Solidary void
absolute
jointly. In case of liability does not include (governed by art. 147
community of ante-nuptial debts not
disagreement, the & 148 except if void
property between husband's decision shall redounding, support of under Article 40)
the spouses in all prevail, subject to recourse illegitimate, liabilities thru 5. Judicial
matters not to the court by the wife for crime/delict. separation of property
provided for in this proper remedy, which must 6. Reappearance
Chapter. be availed of within five Art. 95: Whatever may be of a spouse presumed
years from the date of the lost during the marriage in dead.
contract implementing such any game of chance, Procedure:
decision. betting, sweepstakes, or Article 102: 1.
In the event that one any other kind of Inventory
spouse is incapacitated or gambling, whether (separate and
otherwise unable to permitted or prohibited by community)
participate in the law, shall be borne by the 2. D&O of ACP shall
administration of the loser and shall not be be paid out, in case of
common properties, the charged to the community insufficiency solidarily
other spouse may assume but any winnings
liable with separate
therefrom shall form part
sole powers of property.
of the community property.
 administration. These 3. Exclusive
powers do not include prop delivered.
disposition or encumbrance 4. Net
without authority of the remainder of ACP
court or the written consent divided equally unless
of the other spouse. In the different proportion in
absence of such authority settlement or waiver.
or consent, the disposition 5. Delivery of
or encumbrance shall be presumptive
void. However, the legitimates
transaction shall be 6. Conjugal
construed as a continuing dwelling with spouse
offer on the part of the with
consenting spouse and the most children
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.
* Spouses administer and
enjoy property jointly.
Husband decision prevails
subject to recourse of wife
within 5 years from date of
contract implementing
decision. BUT if wife ratifies
contract express or implied
cant annul anymore.
- If disposition is made
without knowledge or
consent of other person no
prescription.
ACP SEPARATION IN FACT: - Abandonment is different from separation in fact.
Art. 100: The separation in fact between Abandonment has to do with total abdication of all marital
 husband and wife shall not affect the regime of and parental authority.
absolute community except that: - If the spouse left with a valid cause he or she can
still be supported from the ACP.
1.The spouse who leaves the conjugal home or - The ACP can still be liable for obligations
refuses to live therein, without just cause, shall incurred by the separating spouse that may redound to
not have the right to be supported; the benefit of the family.
2.When the consent of one spouse to any - Even the guilty spouse can compel the sale of
transaction of the other is required by law, property, which will redound to the benefit of the family.
judicial authorization shall be obtained in a - Only the present spouse is given standing by the
summary proceeding; law to file a petition to encumber or administer the
3. In the absence of sufficient community property of the other spouse.
property, the separate property of both spouses
shall be solidarily liable for the support of the
family. The spouse present shall, upon proper
petition in a summary proceeding, be given
judicial authority to administer or encumber any
specific separate property of the other spouse
and use the fruits or proceeds thereof to satisfy
the latter's share.
ACP Art. 101: If a spouse without just cause ABANDONMENT: Implies a departure by one spouse
abandons the other or fails to comply with his or with the avowed intent never to return, followed by
her obligations to the family, the aggrieved prolonged absence without just cause.
spouse may petition the court for receivership, - Should not only be physical but also financial and moral
for judicial separation of property or for authority desertion.
to be the sole administrator of the absolute
community, subject to such precautionary
conditions as the court may impose.

The obligations to the family mentioned in the

preceding paragraph refer to marital, parental or
property relations.

A spouse is deemed to have abandoned the

other when her or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a
period of three months or has failed within the
 same period to give any information as to his or
her whereabouts shall be prima facie presumed
to have no intention of returning to the conjugal
dwelling.
Conjugal Article 106: Article 109: Art. 107: The rules Article 121: Termination:
Partnership of - Proceeds, 1. Brought provided in Articles 88 and 1.support of spouse Article 126:
Gains: products, fruits and into the 89 shall also apply to common and legitimate 1.Death
Art. 105: In case income from their marriage as his or her conjugal partnership of children 2.Legal Separation
the future spouses separate properties own gains. 2.D&O by admin, both or 3. Annulled or
agree in the - Those 2. Acquired either spouse with consent declared void.
marriage acquired by their by gratuitous title - Art. 108: The conjugal of other. 4.Judicial Separation
settlements that the efforts or chance - By way of partnership shall be 3.D&O without consent of
regime of conjugal Income and fruits by succession governed by the rules on other but redounding. Article 127 and 128: -
partnership gains gratuitous title (diff - Honorarium the contract of partnership 4.expenses for conjugal prop Provisions on
shall govern their from ACP) (given in appreciation in all that is not in conflict (taxes, liens) separation in fact and
property relations - Annuity: for services rendered) with what is expressly 5.taxes and expenses for abandonment has the
during marriage, retirement on an 3. Acquired by right of determined in this Chapter preservation of separate same application as
the provisions in annuity redemption, barter, or by the spouses in their property (no need for use) in ACP article 100
this Chapter shall (received as a matter exchange marriage settlements. 6.expenses for spouse for and 101.
be of of right) - Even if money profession or Procedure:
supplementary -Pension: serious used to redeem is Prohibition on waiver. selfimprovement. Article 129:
application. previously rendered conjugal *Properties brought into the 7.Antenuptial debts 1.Inventory of
for which full and (reimbursement) 4. marriage by the contracting redounding to family. separate and
The provisions of adequate Bought with parties belong to each of 8.donation of both for conjugal prop
this Chapter shall compensation was exclusive money of them exclusively. children for profession or 2.Payment of
also apply to not received at the either spouse. - Either spouse can transfer self-improvement. advances
conjugal time. *Onerous donations admin of prop to other 9.expenses of litigation 3.Reimbursement
partnerships of Article 117: *Designated share spouse thru public between spouses Not to the spouses.
gains already 1. Acquired by in donation instrument. to be paid by cpg: 4.D&O paid out by
established onerous title using *Gratuity Art. 118: Property bought Article 122: CPG, insufficiency
between spouses common funds. (amount given by on installments paid partly -Payment of personal debts solidarily liable.
before the 2. Obtained by gob’s for from exclusive funds of contracted by the husband 5.exclusive prop
effectivity of this labor or industry or previous work) either or both spouses and or wife before or during the delivered
Code, without work 3. Fruits, partly from conjugal funds marriage unless they 6.loss or
prejudice to vested natural, industrial, or Art. 110: The spouses belongs to the buyer or redounded to the benefit of deterioration of
rights already civil due received retain the ownership, the family. movables paid from
buyers if full ownership
acquired in during marriage from possession, However, fines and CPG
common prop administration and 7.Net remainder to be
- Net fruits of enjoyment of their
 exclusive properties.

accordance with exclusive property was vested before the indemnities imposed support divided (unless MS
the Civil Code or BUT personal Either spouse may, marriage and to the of illegitimate children can or waiver) 8.Delivery
other laws, as damages are not during the marriage, conjugal partnership if be paid by the assets of presumptive
provided in Article conjugal. transfer the such ownership was AFTER the payment of legitimes
256. 4. Share in administration of his or vested during the obligations provided in Art. 9.Conjugal dwelling
hidden treasure her exclusive property marriage. In either case, 121. But at the time of
Presumption is that 5. Fishing and to the other by means any amount advanced by liquidation the spouse who Article 130: in case of
all property hunting of a public instrument, the partnership or by either used such funds will be death the liquidation
acquired during 6. Excess which shall be or both spouses shall be charged. proceeding will be in
marriage even if in livestock (those recorded in the reimbursed by the owner If charges are paid, and no the same proceeding
the name of one brought in to the registry of property of or owners upon liquidation property or insufficient as the settlement of
marriage by one will the place the property of the partnership. CPG pays: the estate of the
spouse is conjugal
reimbursed 7. is located. -Fines, debts before the deceased. (Same
unless otherwise
Acquired by chance Property bought before marriage application as in ACP
provided. -Support of illegitimate
but title registered after article 103)
marriage: still considered *Subject to reimbursement
exclusive property even if (ACP no need to pay out all Art. 133: From the
spouse is made co-owner charges first) common mass of
in title (considered a trust) property support shall
Separate property plus Article 120 be given to the
conjugal funds to buy a 1.If improvement made by surviving spouse and
new property: new cp is more than value of the to the children during
property will be considered property, entire property will the liquidation of the
conjugal. be conjugal –reimburse
Property bought on inventoried property
spouse.
installment partly from and until what
2. If amount is not more than
exclusive and partly belongs to them is
it will still be separate
from conjugal: when title delivered; but from
property subject to
was vested will govern, reimbursement to CPG. this shall be deducted
then reimburse (Art. 119) (Ownership will vest upon that amount received
Principal payments and reimbursement) for support which
interest paid to a spouse exceeds the fruits or
during marriage: principal Art. 123: Whatever may be rents pertaining to
amt is exclusive while lost during the marriage in them.
interest is conjugal. any game of chance or in
betting, sweepstakes, or any
other kind of gambling

CPG Art. 110: The spouses retain the ownership,
possession, administration and enjoyment of
their exclusive properties.
Either spouse may, during the marriage,
transfer the administration of his or her
exclusive property to the other by means of a
public instrument, which shall be recorded in
the registry of property of the place the property
is located.
CPG Art. 111: A spouse of age may mortgage,
encumber, alienate or otherwise dispose of his
or her exclusive property, without the consent of
the other spouse, and appear alone in court to
litigate with regard to the same.
Art. 112: The alienation of any exclusive
property of a spouse administered by the other
automatically terminates the administration over
such property and the proceeds of the
alienation shall be turned over to the owner-
spouse.
CPG Art. 113: Property donated or left by will to the
spouses, jointly and with designation of
determinate shares, shall pertain to the
doneespouses as his or her own exclusive
property, and in the absence of designation,
share and share alike, without prejudice to the
whether permitted or
prohibited by law, shall be
borne by the loser and shall
not be charged to the
conjugal partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.
- Each spouse is to retain ownership,
administration, possession and enjoyment of their
exclusive properties.
- Administration includes entering into contracts,
engaging in litigation, and collection of fruits,
profits and income arising from separate
property.
- The owner spouse can transfer administration of
the property not only to the other spouse but also
to any third person without the consent of the
other spouse.
- Art. 111 is no longer necessary, as the age of
marriage is also the age of emancipation.
- If the owner-spouse alienates his property the
administration by the other spouse over such
property will cease and the proceeds will go to the
owner.
- The owner-spouse cannot revoke a judicially
approved administration by the other spouse of
his property by alienating it. Thus to alienate the
property he must get the consent of the
administrator-spouse or court approval.
- The donor may donate whatever he wishes to
whomever he wants. Thus he may donate a
piece of property to both spouses jointly or may
specify how much of the property should go to
the husband and how much should go to the
wife.
 right of accretion when proper. ACCRETION: addition of property to another property

General rule: in a joint donation one cannot accept

Art. 114: If the donations are onerous, the independently of his co-donee unless it is stipulated or
amount of the charges shall be borne by the unless it is between husband and wife.
exclusive property of the donee spouse, Ex. D donates land to H and W who are married. D
whenever they have been advanced by the donates 1/3 to W and 2/3 to H. If W does not accept the
conjugal partnership of gains. donation it will be considered added on to the share of
the husband. However if it is a specific designation such
Art. 115: Retirement benefits, pensions, as H will get a car and W will get a horse, accretion will
annuities, gratuities, usufructs and similar not apply.
benefits shall be governed by the rules on - In the case of wills for accretion to take effect, the
gratuitous or onerous acquisitions as may be nature of the inheritance must be pro indivisio (not
proper in each case. divided, the terms ½ or in equal shares is does not make
it divided).
CPG Art. 124: The administration and enjoyment of - Any alienation made by either spouse without the
the conjugal partnership shall belong to both consent of the other is invalid.
spouses jointly. In case of disagreement, the - In case the husband disposes of property over
husband's decision shall prevail, subject to the objection of the wife, the wife may file a case
recourse to the court by the wife for proper to annul the entire contract or part of it.
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the conjugal properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall
be void. However, the transaction shall be
construed as a continuing offer 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. (165a)

Art. 125: Neither spouse may donate any

conjugal partnership property without the
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the conjugal
partnership property for charity or on occasions
of family rejoicing or family distress.
Separation of - They own everything separately but still liable Article 136: Voluntary Separation Revival:
property for family expenses in proportion to their income -Spouses may agree on the separation of their properties Article 141:
Art. 134: In the or in default thereof in proportion to separate with court approval, no reason needed. (But if reason is 1.termination of civil
absence of an prop. But liability to their creditor is still solidary. stated and it is against public policy the court will reject it) interdiction
express declaration Article 135: Sufficient cause for judicial -Division of property must be equal unless there is a 2.Absentee
in the marriage separation of property: different proportion agreed in MS or waiver. reappears
settlements, the 1. Civil interdiction -Takes effect after judicial order of decree (not signing of 3.court satisfied that
separation of 2. Absentee spouse agreement) administration will not
property between -2 years from last news about absentee, or 5 -Creditors will be listed in petition and notified) -In be again abused
spouses during the years if an administrator has been left. process delivery of presumptive legitimes is not 4.Resumption of
marriage shall not 3. Loss of parental authority decreed by necessary. common life with
take place except court (termination or deprivation not other spouse
by judicial order. mere suspension) *Art. 142: Admin of exclusive prop of either spouse may 5.parental authority
Such judicial -Over legitimate or illegitimate child whether of be transferred by court to other spouse or if not qualified restored
separation of previous or present marriage to another person when: 1.spouse becomes the 6.reconciliation of
property may either 4. Abandonment or failure to comply with guardian those separated in
be voluntary or for his or her obligations 2.the other is judicially declared an absentee fact
sufficient cause. 5. Abused power of administration 3.civil interdiction 7.For those who
6. Separation in fact for at least 1 yr 4.fugitive from justice, hiding as an accused voluntarily separated
(Can be stipulated Art 143: If the couple wants a regime of separation of property, agree to
in MS which shall Art. 137: Once the separation of property has property they have to enter into a valid marriage revive former property
govern and FC will been decreed, the absolute community or the settlement prior to the marriage stipulating such regime. regime (but after that
only be conjugal partnership of gains shall be liquidated can’t separate
supplementary in in conformity with this Code. Art. 145: Administration is left with each spouse with property anymore)
nature, in the During the pendency of the proceedings for regard to his/her own property without the need for the - Art. 67 revival:
absence therein it separation of property, the absolute consent of the other. Earnings of each shall also belong Agreement under
cannot take place community or the conjugal partnership shall to each spouse. oath will state:
during the marriage pay for the support of the spouses and their 1.properties to be
except by judicial children. Art. 138: After dissolution of the
absolute
order) -May refer community or of the conjugal partnership, the
to present or provisions on complete separation of property
future property or shall apply.
both -May be Art. 144: Separation of property may refer to
partial or total present or future property or both. It may be
-Those not agreed total or partial. In the latter case, the property
as separate will be not agreed upon as separate shall pertain to the
ACP absolute community.
Marriage without Art. 147: When a man and a woman who are
unions (governs capacitated to marry each other, live exclusively
void marriages) with each other as husband and wife without the
benefit of marriage or under a void marriage,
their wages and salaries shall be owned by
them in equal shares and the property acquired
by both of them through their work or industry
shall be governed by the rules on co-ownership.
In the absence of proof to the contrary,
properties acquired while they lived together
shall be presumed to have been obtained by
their joint efforts, work or industry, and shall be
owned by them in equal shares. For purposes of
this Article, a party who did not participate in the
acquisition by the other party of any property
shall be deemed to have contributed jointly in
the acquisition thereof if the former's efforts
consisted in the care and maintenance of the
family and of the household.
Neither party can encumber or dispose by acts
inter vivos of his or her share in the property
acquired during cohabitation and owned in
common, without the consent of the other, until
after the termination of their cohabitation.
When only one of the parties to a void
marriage is in good faith, the share of the party
Art. 146: Both spouses shall bear the family expenses in
proportion to their income or their separate property. contributed
Liability of spouses to creditors to family expenses are 2.those to be retained
solidary (they are both liable to the creditor for the whole as separate
amount if the creditor seeks it from one of them. Such 3.names of known
spouse is entitled to reimbursement from the other creditors
spouse).
* Even if there is an agreement on proportion of sharing
etc, it wont affect the creditors.
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under
18, bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity,
reappearance of wife, non-liquidation of property,
absence of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal
shares
2. Property acquired with exclusive funds is owned
by them exclusively
3. Property acquired through work or industry
governed by co-ownership
4. Property acquired while they live together will be
owned by them in equal shares. (Contribution can
be in the form of care and maintenance of family,
household)
5. Fruits of separate property not part of
coownership
6. Conjugal home will be owned equally. -Can’t
encumber or dispose of his/her share without
consent of the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT
 in bad faith in the co-ownership shall be
forfeited in
favor of their common children. In case of
default of or waiver by any or all of the common
children or their descendants, each vacant
share shall belong to the respective surviving
descendants. In the absence of descendants,
such share shall belong to the innocent party. In
all cases, the forfeiture shall take place upon
termination of the cohabitation.
Marriage without Art. 148: In cases of cohabitation not falling
unions (governs under the preceding Article, only the properties
void marriages) acquired by both of the parties through their
actual joint contribution of money, property, or
industry shall be owned by them in common in
proportion to their respective contributions. In
the absence of proof to the contrary, their
contributions and corresponding shares are
presumed to be equal. The same rule and
presumption shall apply to joint deposits of
money and evidences of credit.
If one of the parties is validly married to
another, his or her share in the co-ownership
shall accrue to the absolute community or
conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is
not validly married to another, his or her shall
be forfeited in the manner provided in the last
paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise
apply even if both parties are in bad faith
cant waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party Void
marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent
marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
solemnizer, license, marriage ceremony.
Requisites:
- Cohabitation not falling under article 147.
Structure:
- Parties are co-owners of property acquired during
cohabitation only upon proof that each of them
made an actual contribution.
1. Salaries and wages are separately owned; if
either is married the salaries go to that marriage.
2. Property acquired by the money of one, belongs
to that person exclusively
3. Only properties acquired by both of them through
joint contribution will be owned by the in common
in proportion to what they gave (money, property,
or industry – but cant be mere care and
maintenance of family/household). (Presumption
is that shares over property owned is equal
shares but can be rebutted through proof
showing otherwise.
4. If one of the parties is validly married, that
person’s share in the co-ownership will accrue to
the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
 - If both are in bad faith they shall be considered as in
good faith and their shares shall go to them.

Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency -
Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract
implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.