Property included:

A. ACP: Unless otherwise provided by law or in the marriage settlements, the

community property shall consist of all the property owned by the spouses at the
time of the celebration of the marriage or acquired thereafter. (Article 91 of the
Family Code)
Community property: consists of all property owned by the spouses at the time of
the marriage celebration or thereafter acquired
B. CPG: Under the regime of conjugal partnership of gains, the husband and wife
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, and, upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or both spouses shall be divided
equally between them, unless otherwise agreed in the marriage settlements.
(Article 106 of the Family Code)
The spouses are not co-owners of the conjugal properties during the marriage
and cannot alienate the supposed one-half interest of each in said properties.
The interest of the spouses in the conjugal properties is only inchoate or a
mere expectancy and does not ripen into title until it appears after the
dissolution and liquidation of the partnership that there are net assets.
If it will be discovered during the liquidation of the marriage that there is no
conjugal property to be divided, there will be no share for either the husband
or the wife.
CPG: The following are conjugal partnership properties: (Article 117)
a. 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.
Examples:
During the marriage, a husband bought a car for the benefit of the family
using the conjugal funds. The car is a conjugal partnership property.
During the marriage, a husband bought a house for the exclusive use and
ownership of his wife using the conjugal funds. The house is a conjugal
partnership property, not just under the ownership of the wife. The express
provision of the law states that even if it was for the benefit of only one of
the spouses.
The assignment in favor of the husband whether as a donation or a sale is
clearly void because it was made during the marriage. (Article 133 of the
Civil Code)
The registration in the name of both spouses is immaterial; the lot is still
paraphernal.
The redemption of the property by the husband after the wifes death is also
immaterial since the right of redemption belonged to her.
b. Those obtained from the labor, industry, work or profession of either or both of the
spouses.
Teachers gratuity under special law, being remuneratory, is not conjugal.

c. The fruits, natural, industrial, or civil due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each
spouse.
If fruits were pending on separate property of spouse at the time of the marriage,
the harvest collected during the marriage is conjugal, and the conjugal
partnership is not bound to pay the expenses of cultivation to the spouse who
owns the property from which the fruits were harvested, because the right of the
conjugal partnership is a real right of usufruct. Therefore, the law on usufruct shall
apply.
d. The share of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found.
Hidden treasure found by the spouses on the property of either of them is
conjugal.
e. Those acquired through occupation such as fishing or hunting.
f.

Livestock existing upon the dissolution of the partnership in excess of the number of
each kind brought to the marriage by either spouse.

g. Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse.
h. Property bought on installments paid partly from exclusive funds of either or both
spouses and partly from conjugal funds belongs to the buyer if full ownerships was
vested before the marriage and to the conjugal partnership if such ownership was
vested during the marriage. In either case, any amount advanced by the partnership
or be either or both spouses shall be reimbursed by the owner upon liquidation of the
partnership.
i.

Whenever an amount or credit payable within a period of time belongs to one of the
spouses, the sums which may be collected during the marriage in partial payments or
by installments on the principal shall be the exclusive property of the spouse.
However, interests falling due during the marriage on the principal shall belong to the
conjugal partnership.

j.

The ownership of improvements, whether for utility or adornment, made on the

separate property of the spouses at the expense of the partnership or through the
acts or efforts of either or both spouses shall pertain to the conjugal partnership, or
to the original owner-spouse, subject to the following rules:
If the value of the property before the improvement is greater, the whole thing
belongs to the owner-spouse, subject to reimbursement of conjugal partnership; if
the value of the property before improvement is lesser, the whole thing belongs
to the conjugal partnership, subject to reimbursement.

Special rules on life insurance:

Since a contract of insurance in onerous in character, if the beneficiary is the insured
himself or his estate, the character of the proceeds will depend on the character of
the premiums paid:
a. If the premiums were paid with conjugal funds, the proceeds are conjugal.

b. If the premiums were paid with separate funds, the proceeds are separate.
c. If the premiums were paid partly with conjugal funds, and partly with separate
funds, the proceeds will be partly conjugal and partly separate.
Tolentino believes, however, that we should follow the rule in Louisiana that if the
policy of the insurance was taken out when the insured was still single, the proceeds
thereof should go to the insureds separate estate even if the premiums were paid
out of conjugal funds, but the conjugal partnership should be refunded by the insured
the amounts that it had paid as premiums.
If the other spouse is the beneficiary:
a. An insurance taken by one spouse on his own life and with the other spouse as
beneficiary belongs to the latter even if the premiums are paid out of conjugal
funds, but the beneficiary-spouse, who is deemed a donee of the premiums paid,
must return one-half of the premiums to the conjugal partnership.
b. When the spouses are jointly insured in a single policy, the proceeds to be paid to
the surviving spouse, the survivor gets the insurance proceeds even if no obligation
to return any part of the premiums to the conjugal partnership, because there is
deemed to be reciprocal donations thereof, which in effect constitute aleatory
onerous contracts.
c. When the insurance is taken by a third person with a spouse as beneficiary, the
latter owns the insurance proceeds as it is deemed a gift to him or her.
d. If the insurance is taken by the wife on the life of the husband or vice versa and the
premiums are paid out of conjugal funds, the proceeds are conjugal property.
e. If the beneficiary is somebody other than the insured or his estate, the beneficiary
is the owner of the insurance indemnity regardless of whether or not the premiums
were paid out of the insureds separate property or the conjugal funds.
f.

If the insured made his estate as the beneficiary and the premiums were paid by
conjugal funds, the proceeds of the insurance constitute conjugal property.
Property excluded:

ACP - exclusions: (Article 92) the following shall be excluded from the community
property
a. Property acquired during the marriage by gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is expressly provided by the donor,
testator or grantor that they shall form part of the community property.
b. Property for personal and exclusive use of either spouse; however, jewelry (luxurious)
shall form part of the community property (ordinary jewelry is excluded).
c. 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.

CPG exclusions
Two kinds of Separate Property of each spouse:
1. Property by DIRECT ACQUISITION: originally exclusive
2. Property by substitution
(Article 109) the ff shall be the exclusive property of each spouse
a. That which is brought to the marriage as his or her own.
examples:
A house brought by a wife into the marriage.
Prior to her marriage, a woman purchased land from a minor. The seller reached the
majority age when the woman was already married, but he did not ask for the annulment
of the sale. The land is paraphernal.
Prior to her marriage, a woman purchased a piece of land on the installment plan. Part of
the purchased price was paid prior to the marriage, while the balance waspaid during the
marriage. All receipts were issued in the name of the wife. The land is paraphernal
however she must reimburse the conjugal partnership for whatever amount was used
from the conjugal fund for the payment of the balance.
b. That which each acquired during the marriage by gratuitous title.
Examples:
Property inherited during the marriage
Remissions and donations
If given by gratis by the government because of previous work (retirement pay of
a provincial auditor or that of a Justice of the Peace) this is gratuity and should be
considered as separate property
Unearned increment ( increase in the value of the paraphernal property) belongs
to the spouse concerned
Damage because of an accident if for physical or moral damages of the injured
spouse - paraphernal, if loss of expected salary, or for hospitalization expenses conjugal
c. That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses.
Whoever had the right gets the property redeemed. The source of the money is
not important.
Exchange here generally means barter, not purchase or sale
d. That which is purchased with exclusive money of the wife or of the husband.

Here whomakes the purchase is not important; what matters is whose

money was used. Land bought partly with paraphernal and partly with
conjugal funds are partly paraphernal and partly conjugal.

Ownership, Administrative, Enjoyment and Disposition of the Community Property

GENERAL RULE: Art. 96. The administration and enjoyment of the community property shall belong to
both spouses JOINTLY.
EXCEPTIONS:
1. In case of disagreement, the husband's decision shall prevail.

Remedies in Case of Disagreements

Wifes recourse is go to court for proper remedy, which must be availed of within 5 years from the
date of the contract implementing such decision.
2. In the event that one spouse is incapacitated or otherwise unable to participate in the administration
of the common 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.
Disposition by Will
Art. 97. Either spouse may dispose by will of his or her interest (not specific property because of coownership) in the community property.
Donation of Communal Property, Prohibited
GENERAL RULE: Art. 98. Neither spouse may donate any community property without the consent
of the other. (This rule applies to commom-law spouses)
If with the consent of the other, the donation is valid subject to revocation or reduction if it turns out to
be inofficious or if it infringes the legitimes of compulsory heirs.
REASON: To protect the spouse from the prodigality of a reckless or faithless spouse.
EXCEPTIONS:
Either spouse may, without the consent of the other:
a. make moderate donations from the community property for charity;
b. make moderate donations from the community property on occasions of family rejoicing or
family distress.
NOTE: What is moderate depends upon the financial and social standing of the family and must not
at all substantially affect the value of the communal assets.

Ownership, Possession, Enjoyment and Administration of CPG

GENERAL RULE: Art. 124.
to both spouses jointly.

The administration and enjoyment of the conjugal partnership shall belong

EXCEPTIONS:
a. In case of disagreement, the husband's decision shall prevail.

Remedy in Case of Disagreement

Recourse to the court by the wife for proper remedy, which must be availed of within 5 years from the
date of the contract implementing such decision.
b. In case Sole Administration is Permitted
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.
Donation
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.
Ownership, Administration, Enjoyment And Disposition of Exclusive Property
Art. 110.
The spouses retain the ownership, possession, administration and enjoyment of their
exclusive properties. (Thus, a spouse cannot be restrained from selling his/her exclusive property even if
such sale would deprive the conjugal partnership of its fruits)
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the
other (even to a stranger without the consent of the other) by means of a public instrument, which shall
be recorded in the registry of property of the place the property is located.
Art. 111.
A spouse 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.
Limitation: In case of separation de facto, the spouse present may be given authority by the court to
administer any separate property of the absent spouse. In case there is authority, the absent spouse
cannot revoke the judicially approved administration, neither he can alienate his property without the
consent of the administrator spouse or approval of the court. (Art 127)

charges debts
ACP
1. Debts & obligations w/o consent to extent
family benefitted
2. Debts & obligations w/ consent
3. Taxes, liens, charges & expenses on
community property
4. Support of spouses, common children,
legitimate children of either spouse
5. Expenses for litigation
6. Ante-nuptial debts rounded to benefit of
family
7. Expenses for preservation of separate
property if used by family
8. Expenses for professional or vocational
course
9. Other ante-nuptial debts, support for
illegitimate children ,liabilities for crime
10. .Donated to common legitimate children
for professional/vocational/selfimprovement

CPG
1. Debts & obligations w/o consent to extent
family benefitted
2. Debts & obligations w/ consent
3. Taxes, liens, charges & expenses on
community property
4. Support of spouses, common children,
llegitimate children of either spouse
5. Expenses for litigation
6. Ante-nuptial debts rounded to benefit
of family
7. Expenses for preservation of separate
property if used by family
8. Expenses for professional or vocational
course
9. Donated to common legitimate children
forprofessional/vocational/selfimprovement

CHARGES OF PROPERTIES INCLUDED IN THE PROPERTY REGIME

Absolute Community of property- The absolute community of property shall be liable for:

a. The support of the spouses, their common children, and legitimate children of either
spouse; however, the support of illegitimate children shll be governed by the provisions
on support.
b. All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community or both spouses or by one spouse
with consent of the other (benefit is immaterial)
c. Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited ( benefit is the measure)
d. All taxes, liens, charges and expenses, including major (those cause by ordinary events
affecting the substance of the property) or minor ( for mere preservation or those caused
by ordinary wear and tear) repairs, upon the community property
e. All taxes and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family.
f. Expenses for professional or vocational course and for self- improvement of either
spouse.
g. Ante- nuptial debts of either spouse which has redounded for the benefit of the family.
h. Donation , actual or promised, in favor of common legitimate children for professional or
vocational course or for self- improvement
i. Support for illegitimate children; civil liabilities arising from delict or tort of either spouse
in case of absence or insufficiency of the exclusive property of the debtor-spouse but
the payment shall be considered as advances deductible from the share of the debtorspouse upon liquidation of the community.
j. Litigation expenses between spouses unless the suit is groundless; if the spouse who
files the cases loses, the absolute community property is not liable for the expenses of
litigation.

If the community property is insufficient to cover the foregoing liabilities, except that of (i:
Support for illegitimate children; civil liabilities arising from delict or tort of either spouse
in case of absence or insufficiency of the exclusive property of the debtor-spouse but
the payment shall be considered as advances deductible from the share of the debtorspouse upon liquidation of the community.
), the spouses shall be solidarily liable for the unpaid balance with their separate
properties.
Conjugal Partnership of gains same as Absolute Community property, but with the
following modifications:
Conjugal partnership of gains charges or liabilities include all taxes and expenses
for mere preservation made during the marriage upon the separate property of
either spouse.
Support for illegitimate children is excluded in CPG charges or liabilities

Game of chance:

ACP: Whatever may be lost during the marriage in any game of chance, whether
permitted or prohibited by law shall be borne by the loser and shall not be charged to the
community but any winning therefrom shall form part of the community property.
The winnings derived from a ticket gratuitously given to a spouse shall not form part of the
community property since such is considered as donation.
CPG: same as in ACP

Personal debts; support of illegitimate children:

ACP: The absolute community of property shall be liable for the support for illegitimate children;
civil liabilities arising from delict or tort of either spouse in case of absence or insufficiency of the
exclusive property of the debtor-spouse but the payment shall be considered as advances
deductible from the share of the debtor-spouse upon liquidation of the community.
CPG: The payment of personal debts contracted by the husband or the wife before or during the
marriage shall not be charged to the conjugal partnership except insofar as they redounded to
the benefit of the family. Neither shall fines and pecuniary indemnities imposed upon them be
charged to the partnership.
The payment of personal debts contracted by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the support of illegitimate children of either
spouse, may be enforced against the partnership assets after all other responsibilities have
been covered if the spouse who is bound should have no exclusive property or if it should be
insufficient but such payment shall be considered as advances.
CPG: amounts advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal partnership as an asset thereof.
POEA of exclusive property: The spouses retain the ownership, possession, administration,
and enjoyment of their exclusive properties.
As part of her administration of her paraphernal property, the wife can collect its gross
rentals and pay her administration expenses therefrom, because only net fruits of her
property are conjugal and which she should turn over to the conjugal partnership.
The wife cannot be restrained by injunction from selling her paraphernal property even if
the sale would deprive the conjugal partnership of its fruits, since she is the owner of that
property.
The wife can alienate her paraphernal property without the husbands consent even if she
has transferred its administration to her husband since she is still the owner thereof.
Ownership of improvements made on the exclusive property: the ownership of
improvements, whether for utility or adornment, made on the separate property of the spouses
at the expense of the partnership or through the acts or efforts of either or both spouses shall

pertain to the conjugal partnership, or to the original owner-spouse, subject to the following
rules:
If the value of the property before the improvement is greater, the whole thing belongs to
the owner-spouse, subject to reimbursement of conjugal partnership; if the value of the
property before improvement is lesser, the whole thing belongs to the conjugal partnership,
subject to reimbursement.

Dissolution of Absolute Community Regime

The absolute community terminates:

(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 of property during the marriage under Articles 134 to
138. (175a)

The separation in fact between husband and wife shall not affect the regime of
absolute community except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community 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.

If a spouse without just cause abandons the other or fails to comply with his or
her obligations to the family, the aggrieved spouse may petition the court for
receivership, for judicial separation of property or for authority 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 he 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.

Dissolution of Conjugal Partnership Regime

The conjugal partnership terminates:

(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 of property during the marriage under Articles 134 to
138. (175a)

Art. 127. The separation in fact between husband and wife shall not affect the
regime of conjugal partnership, except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,

judicial authorization shall be obtained in a summary proceeding;

(3) In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family.
The spouse present shall, upon 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.

. If a spouse without just cause abandons the other or fails to comply with his or
her obligation to the family, the aggrieved spouse may petition the court for
receivership, for judicial separation of property, or for authority to be the sole
administrator of the conjugal partnership property, 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 he 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.

Section 6. Liquidation of the Absolute Community Assets and Liabilities

Art. 102. Upon dissolution of the absolute community regime, the following
procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the
absolute community and the exclusive properties of each spouse.
(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
accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall

thereafter be delivered to each of them.
(4) The net remainder of the properties of the absolute community shall
constitute its net assets, which shall be divided equally between husband and
wife, unless a different proportion or division was agreed upon in the marriage
settlements, or unless there has been a voluntary waiver of such share
provided in this Code. For purpose of computing the net profits subject to
forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said
profits shall be the increase in value between the market value of the
community property at the time of the celebration of the marriage and the
market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon
partition, in accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of the common children
choose to remain.
Children below the age of seven years are deemed to have chosen the
mother, unless the court has decided otherwise. In case there is no such
majority, the court shall decide, taking into consideration the best interests of
said children

Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities

Art. 129. Upon the dissolution of the conjugal partnership regime, the
following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the
conjugal partnership and the exclusive properties of each spouse.

(2) Amounts advanced by the conjugal partnership in payment of personal

debts and obligations of either spouse shall be credited to the conjugal
partnership as an asset thereof.
(3) Each spouse shall be reimbursed 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 in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be paid out of
the conjugal assets. In case of insufficiency of said assets, the spouses shall
be solidarilyliable for the unpaid balance with their separate properties, in
accordance with the provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the family, belonging to either
spouse, even due to fortuitous event, shall be paid to said spouse from the
conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute
the profits, which shall be divided equally between husband and wife, unless a
different proportion or division was agreed upon in the marriage settlements or
unless there has been a voluntary waiver or forfeiture of such share as
provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon
the partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which
it is situated shall, unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of the common children
choose to remain.

Children below the age of seven years are deemed to have chosen the
mother, unless the court has decided otherwise. In case there is no such
majority, the court shall decide, taking into consideration the best interests of
said children. (181a, 182a, 183a, 184a, 185a)