ACP CPG CSP 147/148

WHEN No Marriage Old Code, No Judicial separation No Marriage

Settlement or Void Marriage of property (either Settlement; Void
Marriage Settlement Settlement voluntary or for Marriage Settlement;
cause); For 147 there should
Termination by be no impediment i.e
legal separation; Art 35(1)(2)(3)(5)(6),
When second 53; For 148, Art 37,
marriage is 38, 35(4) and 44
contracted
without partition
of first marriage
terminated under
ART 41 or by
death
MAIN LAW Family Code Family Code Family Code Family Code (Supp:
(Supp: (Supp: Co- Co-ownership)
Partnership) ownership)
EXCLUDED Gratuitous title Gratuitous Everything Under 147
PROPERTIES ( + fruits & title Acquired by
interests) except Separate
Personal use that fruits Property
except etc are must
jewelries CPG Fruits of
Excluded by Separate Separate
law (legitimate property Property
child by a used for Under 148
previous acquisition Everything
marriage or remains unless proven
specify it in the Separate that
marriage Property contribution
settlement) made (actual
NOTE: Separate join
property if converted constribution)
becomes ACP
CHARGES Separate properties Separate property Family expenses
must be used; need not be in by both spouses in
Advances to separate use to be proportion to
property can be chargeable; income & current
simultaneous with Advance to market value of
payment of charges of Separate Property separate property
ACP only after
 payment of CPG
obligation
LIQUIDATION Bad Faith Net Profits Same with ACP 147 In favor
in favor of common first Common
children, child of guilty Children,
spouse then innocent Descendants,
spouse innocent
spouse
148
Married
(share the
same) but
when not
married (