ABSOLUTE CONJUGAL
COMMUNITY OF PARTNERSHIP OF
PROPERTY
The spouses are considered
co-owners of all property
CONCEPT brought into the marriage,
as well as those acquired
during the marriage which
is not otherwise excluded
from the community either
by provisions of the Family
Code or by the marriage
settlement. It is a special
form of co-ownership.
If the marriage is celebrated
under the Civil Code, ACP
shall govern if it was
WHEN GOVERNING provided from the marriage
settlement between future
spouses.
If the marriage is
celebrated during the
effectivity of Family Code,
ACP shall govern if it a) if it
was provided in the
marriage settlement
between the future spouses
or b) if there was no
marriage settlement at the
time of the celebration of
marriage or if the marriage
settlement is void.
COMPLETE SEPARATION
OF PROPERTY
GAINS
Special type of partnership,
where the husband-and-wife
place in common fund the
proceeds, products, fruits
and income from the
separate properties and
those acquired by either or
both spouses through their
efforts or by chance.
If the marriage is celebrated
under the Civil Code, CPG
shall govern if a) it was
provided for in the marriage
settlement between the
future spouse; or b) if there
was no marriage settlement
at the time of celebration of
marriage, or if the marriage
settlement is void.
If the marriage is celebrated
during the effectivity of the
Family Code, CPG shall
govern if it was provided if it
was provided in the
marriage settlement
between the future spouses.
UNIONS WITHOUT
MARRIAGE WITH & WITHOUT
(After the dissolution of ACP & CPG)
In case of voluntary separation
of property, however, same is
not perfected by mere consent
but upon the decree of the
court approving the same.
Without judicial approval, the
contract or agreement for
separation of property is void.
a. By express declaration in
the marriage settlement
(prenuptial agreement)
b. By judicial order:
1. finality of a decree
of legal separation;
2. petition of the
spouses for
voluntary
separation; upon
petition for judicial
separation due to a
sufficient cause.
LEGAL IMPEDIMENTS
In case of void marriages,
regardless of the cause thereof, or
those living together as husband
and wife without the
benefit of marriage, the property
relations of the parties during the
period of cohabitation is Art. 147
or 148 of the FC, as the case may
be.
APPLICABILITY
ART. 147 without legal impediment
Void marriage on the ground of:
 Either or both parties are
below 18 Lacking the
authority of the solemnizing
officer
 No valid marriage License
 Mistake of identity
 Psychological Incapacity
 Subsequent marriage where
there is failure to partition
and distribute properties
and delivery of presumptive
legitimes, and subsequent
registration of such
 including judgment of
annulment or termination
prior of marriage

ART. 148 with legal impediment:

 Adulterous relationships
 Bigamous/polygamous
marriages
 Incestuous void marriages
under Article 37
 Void marriages by reason of
public policy (Art. 38, FC)
Can commence at the precise moment that the marriage is After the dissolution of the SALARIES AND WAGES
COMMENCEMENT
celebrated. Any stipulation, express or implied, for the absolute community or of the
ART. 147 without legal impediment
commencement of this regime at any other time shall be conjugal partnership, the
void. Hence, the spouses who reconcile after the finality of provisions on complete  Owned in equal shares
the decree of legal separation may not adopt conjugal separation shall apply. The final
partnership of gains/absolute community of property as judgment of the separation shall ART. 148 with legal impediment:
their new regime notwithstanding Sections 13 and 24 of the be recorded in the proper local
Rule on Legal Separation. civil registries and registries of  Separately owned by the
property. parties.
 If any party is married,
his/her salary pertains to
the ACP or CPG of the
legitimate marriage.

No waiver of rights, interests, shares and effects of the PROPERTIES EXCLUSIVELY

PROHIBITED WAIVER
absolute community of property/conjugal partnership of ACQUIRED
gains during the marriage.
ART. 147 without legal impediment
EXCEPTIONS: when the waiver takes place upon a judicial
separation of property  Belongs to the party upon

All the property owned by
the spouses at the time of
PROPERTIES INCLUDED the celebration of the
marriage or acquired during
the marriage unless
excluded in the marriage
settlement or under Article
92 of the Family Code.
proof of acquisition through
exclusive funds
ART. 148 with legal impediment:
 Belongs to such party.
a) Properties acquired by Each spouse shall own, dispose ACQUIRED BY BOTH THROUGH
onerous title during of, possess, administer, and THEIR WORK OR INDUSTRY
the marriage at the enjoy his or her own separate
expense of common property, whether acquired ART. 147 without legal impediment
fund; prior to the marriage or during  Governed by rules of co-
b) Property obtained the marriage, without the need ownership.
during the marriage for the consent of the other.
from the labor, ART. 148 with legal impediment:
industry, work or  Owned in common in
profession of either or proportion to their
both spouses; respective contributions
c) Fruits from conjugal ____________________________
properties and “net
fruits” from separate PRESUMPTION
properties. (net fruits
ART. 147 without legal impediment
refer to the remainder
of the fruits often  Property acquired while
deducing the amount living together presumed to
necessary to cover the have been obtained by their
expense of joint efforts, work or
administration of said industry and owned by
exclusive property; them in equal shares.
d) Share in the hidden  If one party did not
treasure and those participate in acquisition:
acquired thru fishing presumed to have
or hunting; contributed through care
e) Those acquired thru
 chance, such as
winnings from and maintenance of family
gambling or betting. and household
However, losses shall ART. 148 with legal impediment:
be borne exclusively
 No presumption of joint
by the loser spouse.
acquisition. Actual joint
f) Livestock existing at
contribution of money,
the time of the
property or industry shall be
dissolution of the
owned by them in common
partnership, in excess
proportion. However, their
of the number of each
contributions are presumed
kind brought in the
equal, in the absence of
marriage.
proof to the contrary.
a) Those acquired from a) Properties acquired 1. All earnings by each FORFEITURE
the absolute prior to the marriage, spouse from his or her
community in the except 1) fruits and ART. 147 without legal impediment
profession, business or
marriage settlement; income of said When only one is in GF, share of
industry; and
b) Acquired during the properties, which shall party in BF in the co‐ownership be
marriage by be included in the 2. All fruits, natural,
forfeited in favor of:
gratuitous title by conjugal partnership; industrial or civil, due or
1. their common children;
PROPERTIES EXCLUDED either spouse, 2) those included received during the 2. in default of / waiver by
including fruits and therein in the marriage from his or her any/all common children, or
income thereof marriage settlement, separate property by their descendants, to the
unless it is expressly subject to the 1/5 surviving descendants;
provided by the limitation under 3. in their absence, to the
grantor that they shall Article 84 and the rule innocent party
form part of the in 92 (3) of the Family
community property Code which apply by ART. 148 with legal impediment:
c) Those acquired analogy;  If one of the parties is
before the marriage b) Properties acquired validly married to another,
by either spouse who during the marriage by his/her share in the co‐
has legitimate gratuitous title; ownership shall accrue to
 descendants by a c) Properties acquired by the ACP or CPG existing in
former marriage, right of redemption, the marriage.
including the fruits by barter or by  If the party who acted in BF
and income thereof; exchange with is not validly married to
d) Those for personal property belonging to another or if both parties
and exclusive use of only one of the are in BF, such share be
either spouse except spouses; forfeited in manner
jewelry d) Properties purchased provided in last paragraph
with exclusive money. of Art. 147
a) Support of: spouses, common children; legitimate  The liability of the RIGHTS AND OBLIGATIONS
children of either spouse but support of illegitimate spouses to creditors shall, BETWEEN
children of either spouse is chargeable to exclusive however, be solidary HUSBAND AND WIFE
property of the illegitimate parent; liable with their separate
b) Debts and Obligations: properties. 1. live together,
1) antenuptial debts (commenced before the  The mutual obligation of 2. observe mutual love,
marriage) by either spouse are chargeable to the spouses to support 3. respect and fidelity,
CHARGEABLE OBLIGATIONS
ACP/CPG any if they have redounded to the each other continues 4. and render mutual help and
benefit of the family; except when there is legal support
2) for those contracted during the marriage: if separation between EXCEPTIONS – When May Wife Establish
contracted by both spouse; if contracted by one them. Separate Dwelling:
spouse with the consent of the other; if  Both spouses shall bear 1. The husband is barbaric and
contracted by one spouse without the consent of the same in proportion to immoderate in his demands for
the other but only to the extent that they have sexual intercourse.
their income or, in case of
2. Gross insults made upon the wife
redounded to the benefit of the family; if insufficiency and default by the husband.
contracted by the administrator spouse for the thereof, to the current 3. The husband maltreats the wife.
benefit of the family; market value of their
c) taxes and expenses separate properties.
1) taxes falling upon ACP/CPG  They shall, however, be
2) taxes falling upon the separate property, if used held solidarily liable to
by the family. the creditors in
3) Expenses incurred on ACP/CPG, whether the connection with such
repair is major or minor family expenses
4) Expenses incurred on separate property if
 incurred during the marriage; for mere
preservation; and property is used by the family
Administration of the ACP/CPG belongs to both spouses Each spouse shall thereafter
jointly. have exclusive management,
Sole administration when allowed: ownership, and disposition of all
ADMINISTRATION a) If one spouse is incapacitated or otherwise unable to his earnings and the fruits of his
participate in the administration of conjugal or her separate property.
properties, the other may assume sole power of Transfer of administration of
administration, without the need of court approval exclusive property:
or authorization; 1. By agreement by means
b) If a spouse without just cause abandons the other or of a public instrument,
fails to comply with his/her obligation to the family, recorded in the registry of
the aggrieved spouse may petition the court for sole property of the place
administration; where the property is
c) During the pendency of a legal separation case, the located.
court may designate either of the spouses as sole 2. transferred by the court
administration to the other spouse:
a. When one spouse
becomes the
guardian of the
other.
b. When one spouse is
judicially declared
an absentee;
c. When one spouse is
sentenced to a
penalty which
carries with it civil
interdiction; or
d. When one spouse
becomes a fugitive
from justice or is in
hiding as an
FIXING DOMICILE
The husband and wife shall fix the
family domicile. In case of
disagreement, the court shall decide.
The court may exempt one spouse
from living with the other if the
latter should live abroad or there are
other valid and compelling reasons for
the exemption. However, such
exemption shall not apply, if the same is
not compatible with the solidarity of the
family.
REQUISITES so that the court may
exempt one spouse from living
with the other:
1. One of the spouses should live
abroad; or
2. There are other valid and
compelling reasons for the
exemption.
JOINT RESPONSIBILITY FOR THE
SUPPORT
OF THE FAMILY
The expenses for such support and
other conjugal obligations shall be paid
1. from the community property
and,
2. in the absence thereof, from the
income or fruits of their separate
properties and,
 accused in a 3. in case of insufficiency or
criminal case absence of said income or fruits,
NOTE: If the other spouse is not from the separate properties
qualified by reason of
Incompetence, conflict of
interest, or any other just cause,
the court shall appoint a
suitable person to be the
administrator.
NOTE: Automatic termination of
administration in case the
administrator-spouse alienates
any exclusive property of the
other. The proceeds shall be
turned over to the owner-
spouse.
Causes: Former property regime JOINT MANAGEMENT OF THE
a) Death of either spouse between the spouses be HOUSEHOLD
Mandatory requirement: the surviving spouse must revived:
As administrators of the absolute
liquidate the ACP/CPG either judicially or
DISSOLUTION/ a) When the civil community of property, the spouses are
extrajudicially, within one year from the death of the jointly responsible for the support of the
TERMINATION interdiction of the
deceased spouse. family. Such support shall be taken from
b) Finality of the decree of legal separation; prisoner-spouse the following properties in this order:
c) Finality of a judgment of annulment; terminates;
1. From the absolute community of
d) Finality of judgment declaring the marriage void; b) Absent-spouse property or conjugal partnership;
e) Upon judicial separation of property during the 2. From the income or fruits of the
reappears;
marriage, either voluntarily or for a cause separate properties of each
c) When the court, being
spouse;
satisfied that the spouse 3. From the separate properties of
granted the power of the spouses obligations shall be
administration in the paid from the community
property and, in the absence.
marriage settlement will
 not again abuse that
power, authorizes the
resumption of said OBJECTION ON THE EXERCISE OF
PROFESSION
property;
d) When the spouse who Either spouse may exercise a legitimate
has left the conjugal profession, occupation, business or
home with a decree of activity without the consent of the
other. The latter may object only on
legal separation of legal
valid, serious and moral grounds.
separation returns and
resumes common life In case of disagreement, the court shall
decide whether or not:
with the other;
e) Parental authority is 1. The objection is proper, and
judicially restored to the 2. Benefit has accrued to the family
PRIOR to the objection or
spouse previously thereafter.
deprived thereof;  If the benefit accrued PRIOR to
f) When the spouses who the objection, the resulting
obligation shall be enforced
have been separated in against the community property.
fact or at least one year,  If the benefit accrued
reconcile and live THEREAFTER, such obligation
together again; or shall be enforced against the
separate property of the spouse
g) When after a voluntary
who has not obtained consent.
separation property
between the spouses,
they agree to revive their
former property regime.
But no voluntary
separation of property
may thereafter be
granted to them.