Can there be CPG after August 3, 1988?

(Refer Article 75) YES

Do you need a marriage settlement if it’s ACP? NO CPG? YES

What if the marriage settlement may executed which is CPG is void because it was not in writing,
what will govern their property relations during marriage? ACP

If you have a property while you were single and you married. You did not have any marriage
settlement. Will you still be the owner of the property? Both of you will owe the property.

What if you had a marriage settlement imposing CPG? You. The fruits? Both spouse.

The fruits if it is ACP? Both of the Spouses.

The husband inherited an apartment from his father since his father died. The apartment has rents.

(Refer Article 92 (1) )

If it was given to him prior to the marriage, who will own the apartment. ACP? Both spouses.

Who owns the apartment during the marriage, ACP? The husband. Rents? The husband

Given during the marriage, CPG? The Husband. Rents? Both Spouses.

- It is not all the fruits that will be co – owned. In other words, those rents will have to pay first
the cost. For example, you have to get to travel to the lessee. That is why if you look in Article
117, it is the net fruits.

Net fruits means you deduct the expenses first. Then the net fruits will be deducted with the CPG.

SUMMARY:

ACP – When the apartment was given during the marriage, the fruits will be owned by the husband. If it
was prior to the marriage, the fruits will be owned by both of the spouses. (Article 92 (1))

CPG – When if it is during or prior to the marriage the fruits of the apartment will only be owned by the
husband. (Article 117 (3))

Gratuitous – inheritance

Onerous - sale

They are married. From the salary of the husband, he bought a car. Who owns the car? Both spouses

Supposing his father, during the marriage, gave him jewelry. Who owns the jewelry? (Article 92 (2))
Both of the spouses.

Can the husband donate the jewelry to his wife? (Article 87)

Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses may
give each other on the occasion of any family rejoicing. The prohibition shall also apply
to persons living together as husband and wife without a valid marriage.
 Supposing it was inherited from his father before he was married and gave it to his future wife,
because the future wife will marry him. Valid? (Article 82)

Art. 82. Donations by reason of marriage are those which are made before its
celebration, in consideration of the same, and in favor of one or both of the future
spouses.

- Donation propter nuptias. However, if there is a marriage settlement which imposes

CPG then it should not be more than one- fifth of his present property. (Article 84)

Art. 84. If the future spouses agree upon a regime other than the absolute community
of property, they cannot donate to each other in their marriage settlements more than
one-fifth of their present property. Any excess shall be considered void.

Can the future husband donate a jewelry to his future wife because they will get
married, 30 days later?
- Yes. Provided it does not exceed one-fifth of the property if CPG or separate

Why is Absolute not covered?

- In Absolute, both of them will be the owner. It is useless to put
limitations.

There is no similar provision with that jewelry in CPG

The husband inherited a jewelry and donated it to his wife, which is moderate therefore valid.
Who owns the Jewelry? (Refer CPG, Article 109 (2); ACP, Article 92(2))

Generally, if you give a jewelry. It will become exclusive. However, in the provision of
the ACP it will become community.

Supposing the husband during their anniversary bought his wife a diamond studded dressed, out of his
exclusive money. Who owns the dress?

- If it exceeds one-fifth, then that will not be moderate. Therefore it is void. The husband will own
the dress
- Then if it is moderate in relation to family rejoicing, it will be own by the wife but because of
Article 92(2). It says, since it is made from diamond which will be consider as jewelry, then it will
still belong to the husband.

A mere diamond will be consider as a jewelry. According to Sta. Maria, even an expensive car will fall
under that category