Absolute Community Property
- Default regime if there is no marriage settlement
- Consist of all the property owned by the spouses
at the time of the celebration of the marriage or
acquired thereafter
o Any winnings from any game of chance shall
form part of the ACP (Art. 95)
Exception: If previous marriage is terminated by
death and there is no liquidation of the property
regime of the previous marriage the subsequent
marriage shall be governed by Complete
Separation Of Property
• Exclusions:
- Separate property to remain separate, they
must subsist and be maintained as such. If the
owner sells, barter or exchange the property
he/she parts with the property, and the
proceeds coming from the sale is not
excluded in the ACP
- Payment of Personal Debts shall not be charged
1. Marriage Settlement to the CPG , but incase of absence or insufficiency
2. Property acquired by Gratuitous Title of Exclusive Property shall be paid out of the CPG
as well as the fruits and income but subject to indemnification upon liquidation
(Except: Expressly Provided by
Donor, Testator or Grantor)
3. Property for Personal and Exclusive
Use (Except: Jewelry)
Req:
a) Brought inside the marriage
or were acquired during the
marriage
b) Must be interpreted in terms
of value
4. Property Acquired before the
marriage who has legitimate
descendants by former marriage.
Conjugal Partnership of Gains
- Default regime before August 3, 1988 (before
the effectivity of Family Code) of the Family Code
- Spouses shall place in a common fund the
proceeds, products, fruits and income from their
separate properties and those acquired by either or
both spouses through their efforts or by chance
- All property acquired during the marriage is
presumed to be conjugal; Regardless that is made,
contracted or registered in the name of one or both
spouses
- Net gains or benefits in the CPG shall be divided
equally by both spouses
- Spouses retain the ownership, possession and
administration and enjoyment in their exclusice
properties
• Exclusions:
1. Brought to the marriage as his or her
own
2. Gratuitous title acquired during the
marriage (However the fruits and
income shall be considered conjugal)
Including:
- Retirement benefits
- Usufructs
- Pensions
-Annuities
-Similar Benefits
3. Acquired by right of redemption, by
barter or by exchange with property
belonging to only one spouse
4. Purchased with the exclusive money of
the wife and the husband
• Charges upon the Absolute Community:
( In case of Insufficiency the spouses shall be
solidary liable with their separate properties
except in No.10)
1. Support :
- Spouses
- Common Children
- Legitimate Children of Either
Spouse
2. All Debts and Obligation contracted during
the marriage by:
- Designated Administrator Spouse
for the benefit of the community
(There must be a proof to show that it
redounded to benefit of the family)
‐ Both Spouses
‐ One spouse with the Consent of
the other (Consent may be express
or Implied)
3. Debts and Obligations contracted by
either spouse w/o consent of the other to
the extent that the family may have been
benefited
4. All, upon the community property: (TLCE)
• Charges upon the Conjugal Partnership
of Gains:
(In case of Insufficiency the spouses shall
be solidary liable with their separate
properties)
1. Support :
- Spouses
- Common Children
- Legitimate Children of Either
Spouse
2. All Debts and Obligation contracted
during the marriage by:
- Designated Administrator Spouse
for the benefit of the community
(There must be a proof to show that
it redounded to benefit of the
family)
‐ Both Spouses
‐ One spouse with the Consent of
the other (Consent may be
express or Implied)
3. Debts and Obligations contracted by
either spouse w/o consent of the other to
the extent that the family may have
been benefited

‐Taxes 4. All, upon the community property:

‐Liens (TLCE)
‐Charges
‐Expenses including major and ‐Taxes
minor repairs ‐Liens
‐Charges
5. All taxes and expenses for the ‐Expenses including major and
preservation of the separate property used minor repairs
by the family
5. All taxes and expenses for the
6. Expenses to enable either spouse to preservation of the separate property
commence or complete a professional or used by the family
vocational course, or other activity for self‐
improvement 6. Expenses to enable either spouse to
commence or complete a professional or
7. Ante‐nuptial debts insofar as it redounded vocational course, or other activity for
to the benefit of the family self‐improvement

7. Ante‐nuptial debts insofar as it

redounded to the benefit of the family
8. The value of what is donated by the
spouses for the commencement or
completing professional or vocational
course or other activity for self‐
improvement
( Must be by both spouses, otherwise it will
fall under the prohibition of donations
under Art 87)
9. Expenses of litigation
Requisite:
a) The suit is between husband and
wife
b) The suit is not groundless
10. In case of insufficiency of the exclusive
property of the debtor‐spouse, the
payment shall be considered as
advances to be deducted upon
liquidation of the community property:
a) Antenuptial Debts of either spouse that did
not redound to the benefit of the family
b) Support of Illegitimate Children of either
spouse
c) Liabilities incurred by reason of crime and
quasi-delict
• Ownership, Administration, Enjoyment
and Disposition of the ACP
1. Shall be enjoyed and administrated by both
spouses.
o In case of disagreement the husband’s
decision will prevail, subject to the
recourse of the wife in the court for a
proper remedy.
Prescriptive period: within 5 years from the (Losses shall be borne by the exclusively by the
date of contract implementing such decision loser‐spouse)
o May be validly delegated to only one
spouse in a marriage settlement
o Do not require that the husband and wife
always act together
8. The value of what is donated by the
spouses for the commencement or
completing professional or vocational
course or other activity for self‐
improvement
( Must be by both spouses, otherwise it
will fall under the prohibition of
donations under Art 87)
9. Expenses of litigation
Requisite:
c) The suit is between husband and
wife
d) The suit is not groundless
• Inclusions in the CPG
1. Acquired by onerous title during the
marriage at the expense of the
common fund
2. Obtained through labor, work,
profession and industry of either or
both spouses
3. Fruits, Natural, Industrial, Civil due or
received during the marriage from
the common property and the Net
fruits of their exclusive property
4. Share of the hidden treasure to which
the law awards to the finder or owner
of the property
5. Acquired through occupation of
hunting and fishing
6. Livestock existing upon the
dissolution of the partnership in
excess of the number of each kind
brought to the marriage
7. Acquired by chance, winning from
gambling or betting
 o Any disposition by one spouse of the said
properties without the knowledge and
consent of the other is null and void
o May dispose by will his/her interest
Exception: Encroachment of legitimes
o Neither spouse can donate w/o the
consent of the other
Exception: Moderate Donations for charity
or occasions of family rejoicing
2. If one of the spouses is incapacitated or
unable to participate in the administration
the following rules shall apply:
a) The other spouse may assume sole
power of administration
‐ Summary Proceeding (if it involves
abandonment, separated or absent)
‐ Judicial Guardianship
(if Incompetent. i.e comatose,stroke)
b) Except the powers of; (However,
transaction shall be construed as
continuing offer, and may be
perfected as a binding contract upon
the consent of the other spouse or
authority of the court)
‐ Disposition
‐Encumbrance
Exception to the exception:
‐Authority of the Court
‐Written Consent
• Dissolution of ACP
i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration
of Nullity
iv. Judicial Declaration of Separate
Property
• Rules on Conditional Contract of Sale:
(paid partly by the exclusive and the
CPG)
‐ If ownership is vested before the
marriage it belongs; to the buyer
‐ If ownership vested during the
marriage; to the CPG
• Rules on Credits belonging to one
spouse
‐ Whatever may be collected shall be the
exclusive property of the spouse
Except : Interest in such debt shall
belong to the CPG
• Ownership, Administration,
Enjoyment and Disposition of the ACP
1. Shall be enjoyed and administrated by
both spouses.
o In case of disagreement the husband’s
decision will prevail, subject to the
recourse of the wife in the court for a
proper remedy.
Prescriptive period: within 5 years from the
date of contract implementing such decision
o May dispose by will his/her interest
Exception: Encroachment of legitimes
o Neither spouse can donate w/o the
consent of the other
Exception: Moderate Donations for
charity or occasions of family rejoicing
• Dissolution of ACP
i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration
of Nullity
iv. Judicial Declaration of Separate
Property
 • Effects of Separation in Fact
General Rule: It will not affect the
property regime
Exception:
a) No support for the spouse who leaves
the conjugal home without just cause
b) When the consent of one spouse in a
transaction is required by law; judicial
authorization may be obtained in a
summary proceeding
c) In case of absence or insufficiency of
ACP, separate property of both
spouses shall be solidary liable for the
support of the family
( The spouse present, upon proper
petition in a summary proceeding be
given judicial authority to administer
or encumber any separate property of
the other spouse)
• Remedy for Abandonment without Just
Cause (left the conjugal dwelling w/o
intention of returning) or Failure to comply
with Obligations (Marital, Parental and
Property Relations) in ACP; The aggrieved
spouse may petition to the court for:
a) Receivership
b) Judicial Separation of Property
c) Authority to be the sole administrator
of the ACP
(No intention of returning: left the conjugal
dwelling for 3 months or failed to give (No intention of returning: left the conjugal
whereabouts) dwelling for 3 months or failed to give
whereabouts)
• Liquidation of ACP assets and liabilities
1. Inventory; List of all the properties of the
ACP and Exclusive properties of each spouse
2. Debts and Obligations in ACP shall be paid
out of its assets. In case of insufficiency the
separate property of both spouse shall be
solidarily liable for the unpaid balance
• Effects of Separation in Fact
General Rule: It will not affect the
property regime
Exception:
d) No support for the spouse who leaves
the conjugal home without just cause
e) When the consent of one spouse in a
transaction is required by law;
judicial authorization may be
obtained in a summary proceeding
f) In case of absence or insufficiency of
ACP, separate property of both
spouses shall be solidary liable for
the support of the family
( The spouse present, upon proper
petition in a summary proceeding be
given judicial authority to administer
or encumber any separate property of
the other spouse)
• Remedy for Abandonment without Just
Cause (left the conjugal dwelling w/o
intention of returning) or Failure to
comply with Obligations (Marital, Parental
and Property Relations) in ACP; The
aggrieved spouse may petition to the
court for:
d) Receivership
e) Judicial Separation of Property
f) Authority to be the sole
administrator of the ACP
• Liquidation of CPG assets and liabilities
1. Inventory; List of all the properties of the
ACP and Exclusive properties of each
spouse
2. Advances in the CPG for payment of debts
and obligation shall be credited to the CPG
 3. Remains in the exclusive property shall be
delivered to the spouses
4. Net assets shall be divided between the
spouses equally
Except:
- Different proportion agreed upon in
marriage settlement
- Waiver
(In cases of forfeiture due to bad faith net profits
shall be the increase in value between market value
of the community property at the time of the
celebration of marriage and the time of dissolution)
5. Delivery of the Presumptive Legitimes
(Presumed Inheritance) of the Common
Children
6. Conjugal Dwelling shall be adjudicated to the
spouse where the majority of the children
choose to remain. In case no majority the
court shall decide.
In the absence of agreement in the partition
of properties this rule shall apply.
3. Reimbursement for the use of his or her
exclusive funds in the acquisition of property
or for the value of his or her exclusive
property, the ownership of which has been
vested by law
4. Debts and Obligations shall be paid out of
conjugal assets; In case of insufficiency the
exclusive property of both spouses shall be
solidary liable
5. Delivery of whatever remains in the
Conjugal Partenership
6. Loss or deterioration of the movables used
by the family belonging to either spouse,
even due o fortuitous even shall be paid out
of conjugal funds
Except : The owner has been indemnified
from whatever source
7. Net remainder shall constitute the profits and
shall be divided equally between spouses
Except: Different proportion or division
agreed in marriage settlement
8. Conjugal Dwelling shall be adjudicated to
the spouse where the majority of the children
choose to remain. In case no majority the
court shall decide.
In the absence of agreement in the partition
of properties this rule shall apply.
 Judicial Separation of Property
- Judicial Separation of Property may be voluntary or Special Co-Ownership (Art. 147)
for sufficient causes
• Sufficient Causes for Judicial Separation
Spouse of the Petitioner:
1. Sentenced to a penalty which carries with it civil
interdiction
2. Loss of Parental authority
3. Judicial Declaration of Absence
4. Abandonment and Failure to comply
Obligations
5. Abuse of the granted powers of Administration
6. Spouses are separated in fact and reconciliation
is highly improbable
• Revival of Property Regime
1. Civil Interdiction terminates
2. Parental Authority is restored
3. Absentee spouse reappears
4. Court is satisfied that the other spouse will not
abuse the powers of administration
5. Spouses separated in fact shall reconcile and
resume common life
6. Spouse who left conjugal home resumes
common life
7. In case of voluntary JSP, Agreement to revive
former property regime
• Administration of exclusive property may be
transferred to the other on the ff.
circumstances:
1. When one spouse becomes the guardian
of the other
2. When one spouse is judicially declared
an absentee
3. When one spouse is sentenced to a
penalty which carries civil interdiction
4. When one spouse is a fugitive from
justice or in hiding as an accused
criminal
Property Regime of Unions Without Marriage
Requisites:
1. Man and Woman are Capacitated to
Marry each other
2. Live exclusive as husband and wife
3. Without the benefit of marriage or under
a void marriage
Rules
1. Wages and salaries shall be owned by
them in equal
2. In absence of proof; Presumption of
equal share applies
3. A party who did not participate is deemed
to have contributed jointly if the efforts
consisted in the care and maintenance of
the family and the household
4. Neither can encumber his or her share in
the property acquired during cohabitation
and owned in common w/o consent of the
other until after the termination of their
cohabitation
5. Party in bad faith’s share shall be
forfeited in favor of common children.
In case of default or waiver:
- descendants
-Innocent party
Limited Co-Ownership (Art.148)

Requisites:

1. Man and Woman not capacitated to marry each

other
2. Live exclusive as husband and wife

Rules

1. Properties acquired by both of them through

their actual joint contribution shall be owned by
them in proportion of their respective shares
2. In the absence of proof the Presumption of
equal shares will apply
Including: Joint Deposits of money and credit
3. If one of the parties is validly married his/her
share shall be included in the property regime
of that marriage
4. Party in bad faith’s who is not validly married
share shall be forfeited in favor of common
children.
In case of default or waiver:
- descendants
-Innocent party