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REGIME OF PROPERTIES

I. ACP

ACP governs when:


1) stipulated in the marriage settlement
2) MS is void
3) no MS

*at the precise moment of marriage, no prescription


*No waiver of rights except through judicial separation of property

ACP EXCLUSIONS (Article 92)

1) Property excluded in MS
2) Property acquired through gratuitous title + fruits + income (EXCEPT: if donor
expressly provides otherwise)
3) Property for personal use (EXCEPT: Jewelry/those with substantial amount)
4) Property acquired before marriage by either spouse who has legitimate
descendants + fruits + income

CHARGES AGAINST ACP (Article 94)

1) Support (spouses, common children, legitimate children)


2) Taxes, charges, repairs
3) Expenses for self-improvement
4) Debts/obligations
a. Administrator contracted a debt for the benefit of the family
b. Obtained consent from the other, does not benefit thefamily
c. Without consent: benefit of the family, during marriage
d. Prior to the marriage, benefit of the family
e. Any loss from business/profession
5) Expenses in litigation unless (1) suit is between the husband and wife, (2) suit is
not groundless

Termination of ACP (Article 99)

1) death of either spouse


2) decree of legal separation
3) annulment or nullity of marriage
4) judicial separation of property
a. voluntary
b. involuntary
5) affidavit of reappearance (a reappearing spouse or an interested person files an
affidavit of reappearance to terminate subsequent marriage of the present
spouse validly contracted with another person

Separation-in-fact between husband and wife shall not affect the regime of
absolute community except (Article 100):

1) The spouse who leaves conjugal home shall not be supported (but fault must be
proven/without just cause; EXCEPTION: expenses redounding to the benefit of
the family)
2) Court authorization (for consent)
3) Solidary liability and administration of separate property

LIQUIDATION OF ACP (Article 102)

1) inventory listing ACP and exclusive properties


2) debts and obligations of ACP shall be paid; insufficiency: spouses shall be
solidarily liable
3) remaining exclusive properties shall be delivered
4) remaining ACP (net assets) shall be divided equally unless:
a. a different proportion or division was agreed upon in MS
b. voluntary waiver of share
5) presumptive legitimes delivered unless:
a. void marriage (because there was no marriage in the first place)
i. Art 40 in relation to Article 52 and 52 (subsequent void
marriage for being bigamous) not included!!!
b. legally separated (because marriage is not yet severed)
6) conjugal dwelling and the lot shall be adjudicated to the spouse with whom the
majority of the common children choose to remain unless
*No majority: best interests of the children

II. CPG

CPG governs when:


1) married before Family Code took effect (Aug. 3, 1988)
2) stipulated in the MS

*at the precise moment of marriage, no prescription


*No waiver of rights except through judicial separation of property

CONJUGAL PROPERTIES (Article 117)


*basically anything you acquire using conjugal funds

1) those acquired by onerous title at the expense of common fund


2) labor, industry, work or profession of either spouse
3) fruits received from common and exclusive property
4) share in the hidden treasure
5) acquired through occupation fishing/hunting
6) livestock
7) acquired by chance, gambling, betting

Termination of CPG (Article 126)

6) death of either spouse


7) decree of legal separation
8) annulment or nullity of marriage
9) judicial separation of property
a. voluntary
b. involuntary
10) affidavit of reappearance (a reappearing spouse or an interested person files
an affidavit of reappearance to terminate subsequent marriage of the present
spouse validly contracted with another person

Separation-in-fact between husband and wife shall not affect the regime of
conjugal partnership except (Article 127):

4) The spouse who leaves conjugal home shall not be supported (but fault must be
proven/without just cause; EXCEPTION: expenses redounding to the benefit of
the family)
5) Court authorization (for consent)
6) Solidary liability and administration of separate property

LIQUIDATION OF CPG

1) Inventory
2)

Grounds to impugn legitimacy:

1) physically impossible to have intercourse


a. physical incapacity
b. living separately
c. serious illness
2) biological or scientific reasons
3) artificial insemination wherein consent was obtained through:
a. mistake
b. fraud
c. violence
d. intimidation
e. undue influence
Heirs may only impugn legitimacy when:

1) the husband died before expiration period


2) died after filing complaint
3) died before child was born

PROOF OF FILIATION (primary)

1) birth certificate
2) judicial decision
3) public or private handwritten document

Secondary
1) open and continuous possession of the status
2) other evidence acceptable under the Rules of Court

Rights of legitimate children:

1) Surname
2) Support
3) Successional rights