PERSONS AND FAMILY RELATION

Research Work 2
Marc Eric A. Cosep

1.Comparative Summary of the three (3) Community of Property Relations,

i.e. Absolute Community of Property, Conjugal Partnership of Gains and the
Complete Separation of Property.

ABSOLUTE COMMUNITY PROPERTY

Under Art. 88 of the Civil Code, the Absolute Community of Property will commence at
the precise moment that the marriage is celebrated. All properties owned by the
contracting parties before the marriage ceremony and those they may acquire
thereafter shall comprise the ACP regime. Any stipulation either expressed or implied
for the commencement of the community regime shall be void. Thus, spouses cannot
stipulate in their marriage settlement that the property regime with be Conjugal
Property but on their sixth or 10 year wedding anniversary it will automatically convert
to ACP. This stipulation is void because it makes the commencement of the ACP at a
time other than the precise moment of the celebration of their marriage.

In term of properties exempted or excluded in the ACP the law under Art. 92 provides
properties shall be exempted under the ACP are:
1. Those acquired during the marriage by gratuitous title by either spouse, and the
fruits as well as income thereof, of any, unless it is expressly provided by the
donor, testator or grantor that they shall form part of the ACP;
2. Property for personal and exclusive use of either spouse. However, jewelry shall
form part of the ACP; and
3. Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income, if any,
of such property.

In the ACP, there are charges upon and obligations needed to be followed by
contracting parties. These are:
1. The support of the spouses, their common children, and legitimate children of
either spouse;
2. All debts and obligation contracted during the marriage by the designated
administrator-spouse for the benefit of the community, of by both spouses, or by
one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the
other to the extent that the family may have been benefited;
4. All taxes, liens, charges and expenses, including major of minor repairs, upon the
community property;
 5. All taxes and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family;
6. Expenses to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement;
7. Ante-nuptial debts of either spouse insofar as the have rebounded to the benefit
of the family;
8. The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for self-
improvement;
9. Ante-nuptial debts of either spouse other than those falling under paragraph (7)
of this Article, the support of illegitimate children of either spouse, and liabilities
incurred by either spouse by reason of a crime or quasi-delict, in case of absence
or insufficiency of the exclusive property of the debtor-spouse, the payment of
which shall be considered as advances to be deducted from the share of the
debtor-spouse upon liquidation of the community; and
10.Expenses of litigation between the spouses unless the suit is found to be
groundless.

The administration and enjoyment of the community of property highlights the fact that
the spouses are co-owners, however, administration can only be delegated to one. Joint
management or administration does not mean that the husband and wife always act
together.

For instance, verification and certification of non-forum shopping in a petition or a

complaint failed in court must be signed by all petitioners- however; with spouses, the
signature of one spouse is substantial compliance even when both spouses are
petitioners of the case. Each of the spouses may be reasonably presumed to have
personal knowledge of the filing or non-filing by the other spouse of any action or
claim.

Each may act individually even without the consent of the other in case of repairs to the
property as these matters may require immediate decision. However, improving or
embellishing of property is to be decided by both.

When there is disagreement, the husband’s decision shall prevail. In very serious
matters concerning the family, it is usually the husband who makes the ultimate
choices. It is subject to recourse by the wife, which must be availed of within (5) years.
The assumption of powers of a spouse is limited and restricted, and no longer includes
the disposition, alienation or encumbrance.

There are four ways by which termination or dissolution of the ACP:

1. Death of either spouse
2. legal Separation Decree
 3. Annulment decree
4. Judicial Separation of Property.

The dissolution of the ACP does not mean the termination of marriage. However, the
termination of marriage results in the termination of the ACP. After dissolution, there is
liquidation and partition

Under Art. 102 (2), the debts and obligations of the absolute community shall be paid
out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties in enumerated in Article 94
of the Civil Code. Article 94 (9) however states, that any payment made taken from the
absolute community of property for the ante-nuptial debts of the debtor spouse
because his/her separate property was insufficient shall be considered advances to be
deducted from his/her share upon the liquidation of the community of property. The
same principle applied to liabilities incurred by reason of crime or quasi-delict
committed by the same debtor spouse. In cases of insufficiency of the ACP for debts
the community property is liable for, the spouses shall be solidarily liable for the unpaid
balances with their separate properties.

CONJUGAL PARTNERSHIP OF GAINS

The conjugal partnership of gains shall commence at the precise moment the marriage
is celebrated. Under the CPG, spouses shall place in a common fund the fruits of their
separate property in income from their work or industry. Furthermore, no unilateral
declaration by one spouse can change the character of the conjugal property. It is
determined by the law. If the spouses were already under the CPG before the effectivity
of the Family Code, then the property regime shall continue but it shall be governed by
the Family Code.

All property acquired during the marriage, whether the acquisition appears to have
been made, contracted or registered in the name of one or both spouses is presumed
to be conjugal unless the contrary is provided. Furthermore, the following properties
provided by Article 117 are also conjugal 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 form
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 for 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 acquired by chance, such as winnings from gambling or betting.
However losses therefrom shall be borne exclusively by the loser-spouse.

Properties excluded from the CPG are since they are exclusive properties of each
spouse which are:

1. Properties brought to the marriage as his or her own;

2. Properties acquired during the marriage by gratuitous titles;
3. Those acquired by right of redemption, by barter or by exchange which property
belonging to only one of the spouses;
4. Properties which are purchased with exclusive money of his wife or of the
husband.

As it charges opon and obligations of the conjugal partnership, these are:

1. The support of the spouse, their common children, and the legitimate children of
either spouse; however, the support of illegitimate children shall be govern by
the provision of this code on support;
2. All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the conjugal partnership of gains, or by
both spouses of by one of them with the consent of the other;
3. Debt and obligation contracted by either spouse without the consent of the other
to the extend that the family may have benefited;
4. All taxes, liens, charges, and expenses, including major or minor repairs upon
the conjugal partnership property;
5. All taxes and expenses for mere preservation made during the marriage upon
the separate property of either spouse;
6. Expenses to enable either spouse to commence or complete a professional,
vocational, or other activity for self-improvement;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the
benefit of the family;
8. The value of the what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a profession or vocational course or other activity for self-
improvement; and
9. Expenses of the litigation between the spouses unless the suit is found to be
groundless.
Under Art. 124, the administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. If the marriage settlement provide the CPG as governing
the property relationship with a marriage by the same stipulates that the sharing will
not be equal upon liquidation, such unequal sharing will not affect the joint
administration of the spouses during the marriage.

In cases of disposition of property by the husband over the objection of the wife, the
wife is given the right to file a case to nullify or annul a part or the entire contract as a
whole. If the husband sells of encumbers property without knowledge of the wise, such
sale is void. If the sale was with knowledge but without approval of the wife, such sale
is annullable at the instance of the wife within 5 years from the implementation of the
contract.

If buyers know the property was conjugal but still bought it from the husband without
consent of the wise, such sale is totally void and the purchase price has to be returned
to the buyers with interest. Any alienation or encumbrance by a capacitated spouse of
any CPG without the consent of the incapacitated spouse or without court approval is
void.

In dissolution or termination of the Conjugal Property, it will take place during:

1. Upon the death of either spouse;

2. When there is a decree of legal separation;
3. When the marriage is annulled or declared void; or
4. In case of judicial separation or property during marriages under articles 134 and
138.

Furthermore, when for any cause, the CPG establishes upon the basis of community
property is dissolved, all the provision based upon the existence of that partnership
ceases to apply.

Likewise, whatever is acquired by the surviving spouse on the dissolution of the

partnership by death or by presumption of death, or by either of the spouse on
termination of the partnership of other reasons and when this latter no longer exists,
whether the acquisition was made by his or her labor, industry, or by onerous or
lucrative title, it forms part of his or her own capital, in which other consort, or his or
her heirs can claim no shares as stated in the Nable Jose v. Nable Jose case.

As to payment for the debts and obligation of partnership, the reimbursement of the
spouses for advances they made in favor of the conjugal partnership of for the value of
their separate property which, by law, was vested to the partnership, has to be paid
first before paying other debts and obligation of the conjugal partnership.
Construction of tombstones or mausoleums shall be part of the funeral expenses and
shall be chargeable to the conjugal partnership property if the deceased is one of the
spouses. Furthermore, in case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties.

COMPLETE SEPARATION OF PROPERTY

In complete separation of property or separation of property regime, to validly be

government by the SP regime, it must be stipulated in the marriage settlement. The
marriage settlement shall principally govern the SP regime and the Family Code shall be
suppletory.

Parties may agree on the extent of their SP regime. It may involve present or future
property or both. May also be total or partial. If it is partial, the property not agreed
upon as separate shall pertain to the absolute community. It is not valid to agree in the
marriage settlement that they shall be governed by the ACP or CPG up to a certain time
and thereafter, the SP regime shall commence and govern marital property relationship.
This is because such provision is tantamount to dissolving the ACP or CPG by virtue of a
cause or contingency not specifically provided by law, particularly in Articles 99 and
126.

As to what constitutes the SP, under Article 145, each spouse shall own, dispose of,
possess, administer and enjoy his or her own separate estate, without need for the
consent of the other. To each spouse shall belong all earning from his or her profession,
business or industry and all fruits, natural, industrial or civil, due or received during the
marriage from his or her separate property.

Furthermore, Article 146 states that both spouses shall bear the family expenses in
proportion to their income, or, in case of insufficiency or default thereof, to the current
market value of their separate properties. The liabilities of the spouses to creditors from
family expenses shall however be solidary.

2.Property regimes under Articles 147 and 148 of unions without marriage
with emphasis on the following aspects (when applicable) for each property
regime:

In Article 147 of the Property Regime of Unions Without Marriage enumerates those
that can qualify under Art. 147, man and woman must:
1) Capacitated to marry,
2) Live exclusively with each other as husband and wife
 3) Be without the benefit of marriage or under a void marriage. All requisites must
concur.

While in Art 148, relationships contemplated are:

1) Man and woman living together as husband and wife but are not capacitated to
marry,
2) Adulterous relationship even if it occurred prior to the effectivity of the Family
Code
3) Bigamous and polygamous marriage
4) Incestuous void marriages
5) Void marriages by reason of public policy under Art. 38.

As to the structure, the property relation under 147 contemplates on these following
set-ups:
1) Salaries and wages will be owned in equal shares
2) Property acquired through exclusive funds will be owned exclusively by buyer-
spouse provided that there is proof that he acquired it by exclusive funds
3) Property acquired by both of them through work or industry will be govern by
rules of co-ownership. Either spouse may alienate his or her shares in the
property in favor of the other.
4) Property acquired with they live together will be presumed to have been
obtained through joint efforts, working or industry and owned in equal share. A
party who did not directly participate in the property’s acquisition shall be
deemed to have contributed jointly in the same if the former’s effort’s consisted
in the care and maintenance of the family and of the household.
5) Fruit of separate property is not included in co-ownership
6) Property acquired after separation will exclusively be owned by acquiring-party.
7) Neither party can encumber or dispose by acts of inter vivos of his of her share
in the property acquired during cohabitation and owned in common without the
consent of another, until after the termination of their cohabitation. However,
either may alienate in favor of the other his or her share. No one case donate or
waive any interest in the co-ownership that would constitute and indirect of
direct grant of gratuitous advantage to other which is void pursuant to Art. 87.
8) And lastly, When only one spouse is a void marriage is in good faith, share of the
party in bad faith shall be forfeited in favor of the common children. If any or all
of the common children or their descendants default of waives, each vacant
share shall belong to the respective surviving descendants. In the absence, share
shall belong to the innocent party.Forfeiture shall take place upon termination or
cohabitation.

Meanwhile structure of the property regime under Art. 148 are:

1) Salaries and wages will be separately owned. And if either is married, such salary
is the property of the CPG of such legitimate marriage.
 2) Property through exclusive funds belong exclusively to such party.
3) Properties acquired by both parties through actual joint contribution of money,
property, or industry will be owned in common in proportion to the respective
contribution.
4) Respective shares of common property presumed to be equal. Proofs may be
shown that their contribution and respective shares are not equal. Absent proof
of actual contribution, no presumption of co-ownership and equal sharing.
5) Rules and presumption in #4 shall apply to joint deposits of money and
evidences of credit.
6) If one spouse is validly married to another, his share in co-ownership shall
accrue to the ACP or CPG existing in such valid marriage.

If the party acted in bad faith is not validly married, his share shall be forfeited in
manner provided in the last paragraph of 147.

If both of them are in bad faith, these rules shall apply:

1) In cases where both parties acted in bad faith, such as if a spouse and his
bigamous wife who happens to be relative by consanguinity within the first civil
degree of the former, jointly contribute to their co-ownership while living
together, with both contributing to their salaries, the co-ownership shall be
liquidated as follows:

a. Share of the spouse who is obviously in bad faith shall accrue to the absolute
community of conjugal partnership of his existing valid marriage while the share
of the bigamous-cousin-wife who is also in bad faith shall be forfeited in favor of
the common children.
b. In case of default or waiver of their common children or their descendants,
each vacant share shall belong to the respective surviving descendants.
c. In the absence of which, share shall belong to the innocent party. Since there
is no innocent party, the share of the bigamous-cousin-wife shall be given to said
bigamous-cousin-wife.

2) In this regard and for purpose of the share of the bigamous-cousin-wife only and
considering further that both spouses are in bad faith, they shall be considered
as if they are both in good faith and therefore the share of the bigamous cousin-
wife shall go to her.