CONJUGAL

PARTNERSHIP OF GAINS ABSOLUTE COMMUNITY OF PROPERTY

Under the Civil Code, before the effectivity of the Family Code, After August 3, 1988, the date of the effectivity of the Family

this was the default property regime. Code, this was the default property regime.
All property acquired during marriage, whether the acquisition All property acquired during marriage is presumed to belong
appears to have been made, contracted, or registered in the to the community, unless it is proved that it is one of those
name of one or both spouses, is presumed to be conjugal unless excluded therefrom/unless otherwise provided in Chapter 3
General Rule the contrary is proved. or in the marriage settlements.

Even if they live separately for the controlling factor is the
source of the money utilized in the purchase.
When it commences At the precise moment the marriage ceremony is celebrated (what is considered is the hour and not the date of marriage)
Prohibition of Waiver No waiver of rights, interests, shares, and effects of the CPG/ACP can be made during the marriage except upon JSOP
Rules on partnership apply when not in conflict with what is Rules of co-ownership apply in a suppletory manner
Rules of Co-Ownership/
expressly determined in Chapter 4 or by the spouses in their
Partnership
settlements
Article 106 All properties owned by the contracting parties before the
• Proceeds, products, fruits, and income from their marriage ceremony and those which they may acquire
separate properties thereafter shall comprise the absolute community of
• Acquired by either or both spouses through their property regime.
efforts or by chance
Article 95
Article 115 • Winnings from any game of chance, betting,
• Annuities are part of the CPG sweepstakes, or any other kind of gambling, whether
permitted or prohibited by law
Article 117
Common Fund/Property
• 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;
• Those obtained from the labor, industry, work or
profession of either or both of the spouses;
• 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;
 • 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;
• Those acquired through occupation such as fishing or
hunting;
• Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
• Those which are acquired by chance, such as winnings
from gambling or betting. However, losses therefrom
shall be borne exclusively by the loser-spouse.
Article 109 Article 91 and Article 92
• Brought to the marriage as his or her own • Anything that the spouses exclude from the
• Each acquires during the marriage by gratuitous title community property in marriage settlements
(act of liberality of the giver) • Property acquired during the marriage by gratuitous
• Acquired by right of redemption, by barter, or by title by either spouse, and the fruits as well as the
exchange with property belonging to only one of the income thereof unless expressly provided by the
spouses donor, testator or grantor that they shall form part of
Exclusive Property
• Purchased with exclusive money of the wife or the community property
husband • Property for personal and exclusive use of either
spouse (including jewelry)
• 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
Article 109
• Exercise all rights of dominion over their own exclusive
properties
Rights over Exclusive • Properties cannot be encumbered, alienated, nor

Property disposed of by the other spouses without the consent
of the owner-spouse
• Nature of property as separate shall remain unless
contrary is provided by positive & convincing evidence
Charges upon and Article 121 Article 94
Obligations of the • The support of the spouse, their common children, and • The support of the spouses, their common children,
Common Fund the legitimate children of either spouse; however, the and legitimate children of either spouse; however,
 support of illegitimate children shall be governed by the support of illegitimate children shall be governed
the provisions of this Code on Support; by the provisions of this Code on Support;
• All debts and obligations contracted during the • All debts and obligations contracted during the
marriage by the designated administrator-spouse for marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by the benefit of the community, or by both spouses, or
both spouses or by one of them with the consent of the by one spouse with the consent of the other;
other; • Debts and obligations contracted by either spouse
• Debts and obligations contracted by either spouse without the consent of the other to the extent that the
without the consent of the other to the extent that the family may have been benefited;
family may have benefited; • All taxes, liens, charges and expenses, including
• All taxes, liens, charges, and expenses, including major major or minor repairs, upon the community
or minor repairs upon the conjugal partnership property;
property; • All taxes and expenses for mere preservation made
• All taxes and expenses for mere preservation made during marriage upon the separate property of either
during the marriage upon the separate property of spouse used by the family;
either spouse; • Expenses to enable either spouse to commence or
• Expenses to enable either spouse to commence or complete a professional or vocational course, or
complete a professional, vocational, or other activity other activity for self-improvement;
for self-improvement; • Ante-nuptial debts of either spouse insofar as they
• Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
have redounded to the benefit of the family; • The value of what is donated or promised by both
• The value of what is donated or promised by both spouses in favor of their common legitimate children
spouses in favor of their common legitimate children for the exclusive purpose of commencing or
for the exclusive purpose of commencing or completing completing a professional or vocational course or
a professional or vocational course or other activity for other activity for self-improvement;
self-improvement; and • Ante-nuptial debts of either spouse other than those
• Expenses of litigation between the spouses unless the falling under paragraph (7) of this Article, the
suit is found to groundless. support of illegitimate children of either spouse,
and liabilities incurred by either spouse by reason
Almost same as Article 94 except for the following: of a crime or a quasi-delict, in case of absence or
• support of illegitimate children insufficiency of the exclusive property of the
• payment of fines (may be charged even before debtor-spouse, the payment of which shall be
liquidation of the partnership) considered as advances to be deducted from the
• indemnities arising from crimes and quasi-delicts (no share of the debtor-spouse upon liquidation of the
duty to make advanced payments for this) community; and
They can only be enforced against the partnership assets after • Expenses of litigation between the spouses unless the
the responsibilities enumerated above have been covered if the suit is found to be groundless.
 spouse who is bound have no exclusive property or it is
insufficient.

CPG has no duty to make a payment in advance for liability of
the debtor-spouse which shall be reimbursed or paid at the
time of liquidation
• Conjugal properties belong equally to the husband and • Joint administration spouses are co-owners
wife • In case of disagreement: husband’s decision will
• In case of disagreement: husband’s decision will prevail (wife can go to court for proper remedy
prevail (wife can go to court for proper remedy within within 5 years from the date of contract)
5 years from the date of contract) • If spouse is incapacitated or otherwise unable to
• If spouse is incapacitated or otherwise unable to participate in administration, other spouse may
participate in administration, other spouse may assume sole powers (do not include powers of
assume sole powers (do not include powers of disposition and encumbrance for it needs that
Administration
disposition and encumbrance for it needs that authority of court or written consent of spouse)
authority of court or written consent of spouse)
• If a spouse sells or encumbers a conjugal property
without the knowledge and consent of the other, such
sale is VOID
• If a spouse sells or encumber a conjugal property with
the knowledge but without the consent of the other, it
is ANNULLABLE.
Article 99 and Article 126
• Upon death of either spouse
Termination • When there is a decree of legal separation
• When the marriage is annulled or is declared void
in case of JSOP during marriage under Art. 134 to Art. 138
It will not affect the regime except that
• Spouse who leaves conjugal home or refuses to live therein, without just cause, shall not have the right to be supported
• Consent of one spouse for a transaction is required by law, judicial authorization may be obtained in a summary
Separation in Fact of
proceeding
Spouses
• Absence of sufficient community property, separate property of both spouses shall be solidarily liable for support. The
spouse present can be given judicial authority to administer or encumber any specific separate property of other
spouse

• All net gains or benefits obtained indiscriminately by
Whatever is left of the separate properties will be returned to
either spouse during the marriage will be divided
the spouses in equal amounts after deducting debts, etc.
What spouses get back equally
after marriage • If the CPG is enriched at the expense of the separate
properties of either spouse, said spouse will be
restituted the value of the property

Note: Possible Recit Questions

1 When can you have CPG as a property regime? (1) Marriage settlement (2) Before FC
2 Why can’t you change CPG to ACP (if you contracted marriage before FC and the FC comes into effectivity)? Civil Code was the law
existing at the time of the celebration of the marriage
3 What is vested right? a right belonging completely and unconditionally to a person as a property interest which cannot be impaired or
taken away (as through retroactive legislation) without the consent of the owner.
4 When can you have complete separation of property? (1) Specified in marriage settlement (2) When spouse dies and other remarries
without first liquidating the properties from the former marriage (3) When there is JDPD and the other remarries without first liquidating
the properties of the first marriage (4) when spouses obtain legal separation