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By: Kaye Tono, ALS
Difference between ACP and CPG
ERRATUM: Jewelry forms part of the community property and it is not a separate property under the ACP regime.
By: Kaye Tono, ALS
Difference between ACP and CPG
ERRATUM: Jewelry forms part of the community property and it is not a separate property under the ACP regime.
By: Kaye Tono, ALS
Difference between ACP and CPG
ERRATUM: Jewelry forms part of the community property and it is not a separate property under the ACP regime.
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
Richard Cardali, Libellant-Appellant v. A/s Glittre, D/s I/s Garonne, A/s Marina, A/s Standard and International Terminal Operating Company, Respondents-Appellees-Appellants, and Hooper Lumber Company, Respondent-Impleaded-Appellee, 360 F.2d 271, 2d Cir. (1966)