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PROPERTY REGIMES
ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP
OF PROPERTY OF GAINS
Art. 75. In the absence of marriage Art. 106. Under the regime of CPG, the husband & wife place in a common
settlement, or when the regime agreed fund: the proceeds, products, fruits & income from their separate properties,
General upon is void, the system of ACP shall those acquired by either or both spouses through their efforts or by chance, &
Provision govern. upon dissolution of the marriage or of the partnership, the net gains or
benefits obtained by either or both spouses shall be divided equally bet.
them, unless otherwise agreed in the marriage settlements.
When it Shall Art. 88/107. The ACP/CPG bet. spouses shall commence at the precise moment that the marriage is celebrated. Any
Commence stipulation, express or implied, for the commencement of the ACP/CPG at any other time shall be void.
Art. 89/107. No waiver of rights, shares & effects of the ACP/CPG during the marriage can be made except in case of
judicial separation of property.
Waiver When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or
of Rights annulled, the same shall appear in a public instrument & shall be recorded as provided in Art. 77. The creditors of the
spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover
the amount of their credits.
Supplemen-tary Art. 90. The provisions on co- Art. 108. The CPG shall be governed by the rules on the contract of
Provisions ownership shall apply to the ACP bet. partnership in all that is not in conflict w/ what is expressly determined in
the spouses in all matters not provided this Chapter or by the spouses in their marriage settlement.
for in this Chapter.
Art. 91. Unless otherwise provided in Art. 116. All property acquired during the marriage, whether the acquisition
this Chapter or in the marriage appears to have been made, contracted or registered in the name of 1 or both
settlements, the ACP shall consist of all spouses, is presumed to be conjugal unless the contrary is proved.
the property owned by the spouses at
the time of the celebration of the Art. 117. The ff. are conjugal partnership properties:
marriage or acquired thereafter. 1. 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 1
What Art. 93. Property acquired during the of the spouses;
Constitutes marriage is presumed to belong to the 2. Those obtained from the labor, industry, work or profession of either or both
the Property ACP, unless it is proved that it is 1 of of the spouses;
Regime those excluded therefrom. 3. 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
*** jewelry shall form part of the property of each spouse;
community property 4. The share of either spouse in the hidden treasure w/c the law awards to the
finder or owner of the property where the treasure is found;
*** In case of partial separation of 5. Those acquired through occupation such as fishing or hunting;
property, the property not agreed upon 6. Livestock existing upon the dissolution of the partnership in excess of the
as separate shall pertain to the number of each kind brought to the marriage by either spouse
absolute community. (Art. 144) 7. Those w/c are acquired by chance, e.g. winnings from gambling or betting
Art. 92. The ff shall be excluded from Art. 109. The following shall be the exclusive property of each spouse:
the ACP: 1. That w/c is brought to the marriage as his/her own;
1. Property acquired during the 2. That w/c each acquires during the marriage by gratuitous title;
marriage by gratuitous title by either 3. That w/c is acquired by right of redemption, by barter or by exchange w/
spouse, & the fruits as well as the property belonging to only 1 of the spouses;
income thereof, if any, unless it is 4. That w/c is purchased w/ exclusive money of the wife or of the husband.
expressly provided by the donor,
testator or grantor that they shall Art. 110. The spouses retain the ownership, possession, administration &
form part of the ACP; enjoyment of their exclusive properties.
2. Property for personal & exclusive use Either spouse may, during the marriage, transfer the administration of
of either spouse. However, jewelry his/her exclusive property to the other by means of a public instrument, w/c
shall form part of the ACP; shall be recorded in the registry of property where the property is located.
3. Property acquired before the
Exclusive marriage by either spouse who has Art. 111. A spouse may mortgage, encumber, alienate or otherwise dispose of
Properties legitimate descendants by a former his/her exclusive property, w/o the consent of the other spouse, & appear
marriage, & the fruits as well as the alone in court to litigate w/ regard to the same.
income, if any, of such property.
Art. 112. The alienation of any exclusive property of a spouse administered by
*** properties that are excluded from the other automatically terminates the administration over such property & the
the community of property in the proceeds of the alienation shall be turned over to the owner-spouse.
marriage settlement
Art. 113. Property donated or left by will to the spouses, jointly & w/
*** When the 1st marriage is designation of determinate shares, shall pertain to the donee-spouses as
terminated by death, & there is no his/her own exclusive property, & in the absence of designation, share & share
liquidation, the 2nd marriage is alike, w/o prejudice to the right of accretion when proper.
governed by complete separation of
property. Thus the property of the SS is Art. 114. If the donations are onerous, the amount of the charges shall be
separately owned by him/her during borne by the exclusive property of the donee spouse, whenever they have
the 2nd marriage. been advanced by the CPG.

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs &


similar benefits shall be governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.

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Art. 118. Property bought on installments paid partly from exclusive funds of
either/both spouses & partly from conjugal funds belongs to the buyer or
buyers if full ownership was vested before the marriage & to the CPG if such
ownership was vested during the marriage. In either case, any amount
advanced by the partnership or by either/both spouses shall be reimbursed by
the owner/s upon liquidation of the partnership.

Art. 119. Whenever an amount or credit payable w/in a period of time


belongs to 1 of the spouses, the sums w/c may be collected during the
marriage in partial payments or by installments on the principal shall be the
exclusive property of the spouse. However, interests falling due during the
Conditional marriage on the principal shall belong to the CPG.
Ownership
Art. 120. The ownership of improvements, whether for utility or adornment,
made on the separate property of the spouses at the expense of the
partnership or through the acts or efforts of either/both spouses shall pertain
to the CPG, or to the original owner-spouse, subject to the ff. rules:
When the cost of the improvement made by the CPG & any resulting
increase in value are more than the value of the property at the time of the
improvement, the entire property of 1 of the spouses shall belong to the CPG,
subject to reimbursement of the value of the property of the owner-spouse at
the time of the improvement; otherwise, said property shall be retained in
ownership by the owner-spouse, likewise subject to reimbursement of the cost
of the improvement.
In either case, the ownership of the entire property shall be vested upon the
reimbursement, w/c shall be made at the time of the liquidation of the CPG.
Art. 94/121. The ACP/CPG shall be liable for:
1. The support of the spouses, their common children, & legitimate children of either spouse; however, the support of
illegitimate children shall be governed by the provisions of this Code on Support;
2. All debts & obligations contracted during the marriage by the designated administrator-spouse for the benefit of the
community, or by both spouses, or by 1 spouse w/ the consent of the other;
3. Debts & obligations contracted by either spouse w/o the consent of the other to the extent that the family may have
been benefited;
4. All taxes, liens, charges & expenses, including major or minor repairs, upon the community property;
5. All taxes & expenses for mere preservation made during marriage upon the separate property of either spouse used by
the family;
Charges & 6. Expenses to enable either spouse to commence/complete a professional/vocational course, or other activity for self-
Obligations improvement;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
8. The value of what is donated/promised by both spouses in favor of their common legitimate children for the exclusive
purpose of commencing/completing a professional/vocational course or other activity for self-improvement;
9. Expenses of litigation bet. the spouses unless the suit is found to be groundless.

If the ACP/CPG is insufficient to cover the foregoing liabilities, except those falling under par. 9, the spouses shall be
solidarily liable for the unpaid balance w/ their separate properties.

*** ACP ONLY: Ante-nuptial debts w/c have not redound to the benefit of the family, the support of illegitimate children
of either spouse, & liabilities incurred by either spouse by reason of a crime/quasi-delict, in case of absence or
insufficiency of the exclusive property of the debtor-spouse, the payment of w/c shall be considered as advances to be
deducted from the share of the debtor-spouse upon liquidation of the ACP (*CPG NO OBLIGATION TO MAKE ADVANCES)
*** ACP is liable for personal debts & Art. 122. The payment of personal debts contracted by the husband/wife
fines only in case separate properties before or during the marriage shall not be charged to the CPG except insofar as
are insufficient. they redounded to the benefit of the family. Neither shall the fines & pecuniary
indemnities imposed upon them be charged to the partnership.
However, the payment of personal debts contracted by either spouse
Personal before the marriage, that of fines & indemnities imposed upon them, as well as
Debts the support of illegitimate children of either spouse, may be enforced against
the CPG assets after the responsibilities in the preceding Art. have been
covered, if the spouse who is bound should have no exclusive property or if it
should be insufficient; but at the time of the liquidation of the CPG, such spouse
shall be charged for what has been paid for the purpose above-mentioned.
***CPG is liable for personal debts & fines only AFTER payment of all CPG
liabilities AND when separate properties are insufficient.
Winnings/ Art. 95/123. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind
Losses in Games of gambling, whether permitted/prohibited by law, shall be borne by the loser & shall not be charged to the ACP/CPG but
of Chance any winnings therefrom shall form part of the ACP/CPG.
Art. 96/124. The administration & enjoyment of the ACP/CPG shall belong to both spouses jointly. In case of
disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, w/c
Ownership must be availed of w/in 5 years from the date of the contract implementing such decision.
Administration If 1 spouse is incapacitated or unable to participate in the administration of the ACP/CPG, the other spouse may
Enjoyment & assume sole powers of administration. These powers do not include disposition/encumbrance w/o authority of the court
Disposition or the written consent of the other spouse. In the absence of such authority/consent, the disposition/encumbrance shall
be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse & the 3rd
person, & may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either/both offerors.

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Disposition of Art. 97. Either spouse may dispose by will of
Interest by Will his/her interest in the community property.
Prohibited Art. 98/125. Neither spouse may donate any ACP/CPG property w/o the consent of the other. However, either spouse
Donations; may, w/o the consent of the other, make moderate donations from the ACP/CPG for charity or on occasions of family
Exceptions rejoicing or family distress.
Art. 99/126. The ACP/CPG terminates:
1. Upon the death of either spouse;
Dissolution 2. When there is a decree of legal separation;
3. When the marriage is annulled or declared void; or
4. In case of judicial separation of property during the marriage under Art. 134 to 138.
Art. 100/127. The separation in fact bet. H&W shall not affect the regime of ACP/CPG except that:
1. The spouse who leaves the conjugal home or refuses to live therein, w/o just cause, shall not have the right to be
supported;
Separation 2. When the consent of 1 spouse to any transaction of the other is required by law, judicial authorization shall be
in Fact obtained in a summary proceeding;
3. In the absence of sufficient ACP/CPG property, the separate property of both spouses shall be solidarily liable for the
support of the family. The spouse present shall, upon proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property of the other spouse & use the fruits or proceeds
thereof to satisfy the latter's share.
Art. 101/128. If a spouse w/o just cause abandons the other or fails to comply w/ his/her obligations to the family, the
aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole
administrator of the ACP/CPG, subject to such precautionary conditions as the court may impose.
Abandonment The obligations to the family mentioned in the preceding par. refer to marital, parental or property relations.
w/o Just Cause A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling w/o intention of
returning. The spouse who has left the conjugal dwelling for a period of 3 months or has failed w/in the same period to
give any information as to his/her whereabouts shall be prima facie presumed to have no intention of returning to the
conjugal dwelling.
Art. 102/129. Upon dissolution of the ACP/CPG, the following procedure shall apply:
1. An inventory shall be prepared, listing separately all the properties of the ACP/CPG & the exclusive properties of each
spouse.
2. The debts & obligations of the ACP/CPG shall be paid out of its assets. In case of insufficiency of said assets, the
spouses shall be solidarily liable for the unpaid balance w/ their separate properties in accordance w/ the provisions of
Art. 94(2)/Art.121(2).
3. Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
4. The net remainder of the properties of the ACP/CPG shall constitute its net assets/profits, w/c shall be divided equally
bet. H&W, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code. (Net Assets - the increase in value bet. the market value
of the community property at the time of the celebration of the marriage & the market value at the time of its
Liquidation dissolution)
Procedure 5. The presumptive legitimes of the common children shall be delivered upon partition, in accordance w/ Art. 51.
6. Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling & the lot on w/c
it is situated shall be adjudicated to the spouse w/ whom the majority of the common children choose to remain.
Children below the age of 7 years are deemed to have chosen the mother, unless the court has decided otherwise. In
case there in no such majority, the court shall decide, taking into consideration the best interests of said children.

*** FOR CPG ONLY:


1. Amounts advanced by the CPG in payment of personal debts & obligations of either spouse shall be credited to the CPG.
2. Each spouse shall be reimbursed for the use of his/her exclusive funds in the acquisition of property or for the value of
his/her exclusive property, the ownership of w/c has been vested by law in the CPG.
3. Unless the owner had been indemnified from whatever source, the loss/deterioration of movables used for the benefit of
the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal
funds, if any
Art. 103/130. Upon the termination of the marriage by death, the ACP/CPG shall be liquidated in the same proceeding
for the settlement of the estate of the deceased.
Liquidation If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the ACP/CPG either judicially
Upon Death or extra-judicially w/in 1 year from the death of the deceased spouse. If upon the lapse of the 1 year period, no
liquidation is made, any disposition or encumbrance involving the ACP/CPG of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage w/o compliance w/ the foregoing requirements, a
mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Simultaneous Art. 104/131. Whenever the liquidation of the ACP/CPG of 2 or more marriages contracted by the same person before
Liquidation of the effectivity the Family Code is carried out simultaneously, the respective capital, fruits & income of each
Property of 2 or community/partnership shall be determined upon such proof as may be considered according to the rules of evidence. In
More Marriages case of doubt as to w/c community/partnership the existing properties belong, the same shall be divided bet. the
different communities/partnerships in proportion to the capital & duration of each.
Art. 133. From the common mass of property support shall be given to
Support the surviving spouse & to the children during the liquidation of the
inventoried property & until what belongs to them is delivered; but from
this shall be deducted that amount received for support w/c exceeds the
fruits or rents pertaining to them.

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ACP AND CPG usually, valued (market value/assessed value, & NOT
purchase price); if the proceedings take a long time &
Alien Married to Filipino – In both ACP/CPG, an alien married the values have suffered some alterations, there is
to a Filipino cannot have any interest in the nothing to prevent a new valuation at the actual
community/partnership property. partition; prior appraisal is not conclusive upon the
parties
Matthews v. Taylor (2009) – The Filipina spouse entered into a 2. Payment of Debts – in case of insufficiency of the
lease agreement w/o the consent of her foreigner spouse & the ACP/CPG, the souses shall be solidarily liable for the
latter assailed the lease as void considering that his consent was unpaid balance w/ their separate properties; but under
not obtained in such encumbrance. The SC rejected such position Art. 94(9), payments made by the ACP due to
stating that to consider the lease property as conjugal & therefore insufficiency of the separate property of the debtor
any encumbrance should will be circumventing the proscription in spouse for (a) ante-nuptial debts w/c did not redound to
the constitution regarding aliens being prohibited from acquiring the benefit of the family, (b) support of illegitimate
property in the Philippines. children of the debtor-spouse, (c) liabilities incurred by
the debtor-spouse by reason of a crime or quasi-delict,
Charges & Obligations are considered as ADVANCES to be deducted from the
 Security Bank & Trust Co. v. Mar Tierra Corp. (2006) – share of the debtor-spouse upon liquidation of the ACP;
Any personal undertaking by a spouse, such as making this advancement is NOT required in CPG
himself/herself a surety/guarantor in relation to an obligation
of a 3rd person, cannot be presumed to be for the benefit of
3. Deliver of Exclusive Properties – refers to those in those
the family as any advantage that may arise therefore is stipulated in the marriage settlement as exclusive, or
merely indirect. even during the marriage & the exclusions
The donation in favor of their common legitimate children for 4. Partition of Net Assets – equally divide the net assets
the exclusive purpose of commencing/completing a w/c is the net remainder of the ACP/CPG after the 1 st 3
professional or vocational course or other activity for self- steps; exceptions:
improvement must be made by BOTH spouses. If only ONE a. Equal sharing will not apply if there is a
spouse donates, this may fall under the prohibition under Art. different division agreed upon in the marriage
87 making donations bet. spouses, direct/indirect, VOID. settlement
 ACP/CPG may be liable for expenses of litigation in a suit b. Equal sharing will not apply if there has been a
NOT involving a case bet. H&W, provided the suit benefits valid voluntary waiver of such share (see Art.
the family. 89)
 Seva v. Nolan – W was criminally sued by H for adultery & c. Annulment – the spouse in bad faith shall
W ha to spend attorney’s fees to defend herself. The SC ruled forfeit his/her share in the net profits
that the legal fees w/c she spent during litigation, wherein d. Legal separation – the spouse in bad faith shall
she was subsequently acquitted, can be charged to the forfeit his/her share in the net profits
ACP/CPG. e. Nullified marriage – the party in bad faith shall
forfeit his/her share in the co-ownership
GR: ACP/CPG assets cannot be used by the assignee for the
payment of the insolvent debtor-spouse’s obligations
5. Delivery of Presumptive Legitimes – required only after
finality of a judicial decree of annulment (Art. 45) OR
E: those that have redounded to the benefit of the family
nullity of subsequent void marriage (Art. 40, 52, 53);
NOT required in legal separation
Effect of Alienation & Encumberance
6. * CPG ONLY – Credits to CPG – advances made by the
GR: The action to nullify the contract entered into by the CPG in favor of any of the spouses shall be credited to
transacting spouse will not have any prescriptive period as such the CPG as an asset
contract is null & void. 7. * CPG ONLY – Reimbursement to Spouses – if separate
E: In cases when a 3rd party purchaser is protected by the law. If
property were was used to buy conjugal property, the
a TCT of a real estate indicates that a person named therein is
CPG pays the spouse reimbursement
single when in fact he is married & thus governed by the
ACP/CPG, the sale of the said property by the registered owner to 8. Conjugal Dwelling - the conjugal dwelling & lot on w/c it
the 3rd person who is an innocent purchaser for value & in good is situated shall be adjudicated to the spouse w/ whom a
faith relied on what is officially annotated on the TCT, cannot be majority of the common children choose to remain; in
voided. The remedy of the aggrieved spouse is to compel the case there is no majority, the court shall decide, taking
erring spouse to account for the proceeds of the sale as the same into consideration the best interests of the child
is part of the ACP/CPG.
Hagosojos v. CA – It is only after liquidation that definable
Ravina v. Abrille (2009) – If there was knowledge but without property can be claimed by & adjudged to them from the
the consent of the other spouse & a disagreement arises, the remained of their properties after satisfaction of all the obligations
contract entered into by H, whose decision will prevail in cases of w/c the community property has to pay. Thus, specific & concrete
disagreement, shall not be considered void but merely annullable properties cannot be donated by any co-heir prior to liquidation &
at the instance of W. W has 5 years from the date of the contract partition.
implementing the decision, to go to court to seek the proper
remedy w/c includes the annulment of the contract. Claims Against the Estate
 GR: Upon the death of any of the spouses, no complaint for
Note: If it were the decision of W w/c was implemented, H can go the collection of indebtedness chargeable to the ACP/CPG can
to court to file an injunction to stop the implementation of the be brought against the surviving spouse.
contract entered into by W for being unenforceable having been  E: Such surviving spouse has committed himself/herself to
entered into by W also in his name w/o authority, or file an action be solidarily liable for the claim against the ACP/CPG
to nullify the contract on the ground that it is contrary to law &
public policy. ACP

Liquidation Procedure Special Type of Co-Ownership


1. Inventory – all properties belonging to the ACP/CPG or
separate properties of the spouses, must be itemized &

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 Spouses are CO-OWNERS – each spouse can use the thing  Partnership – any stipulation w/c excludes the partners from
owned in common, inc such a way as not to injure the any share of the profits & losses of the partnership is void
interests of the co-ownership  Partner – a co-owner w/ his other partner of specific
 Unlike ordinary co-ownership, no waiver of rights, interests, partnership property
shares & effects of the ACP during the marriage can be
made, except in case of a judicial separation of property. Exclusive Properties
 Reason: the interest of the parties in the community property
is merely INCHOATE or an EXPECTANCY prior to liquidation. Carandang v. Heirs of Quirino De Guzman (2006) – The right
of 1 spouse to bring an action was assailed on the ground that the
Exclusions other spouse should have been made a party to the action. The
SC held that a partner is a co-owner w/ the other partners of
Art.92(3) - Property from Previous Marriage specific partnership property. Being co-owners of the alleged
 DESCENDANTS, not merely children. credit, the spouses may separately bring an action for the
 Descendants must be LEGITIMATE. recovery thereof. In a co-ownership, co-owners may bring actions
 If the previous marriage has been declared null & void for the recovery of co-owned property w/o the necessity of joining
because the contracting parties are collateral blood relatives all other co-owners as co-plaintiffs because the suit is presumed
of the 1st civil degree, thereby making the children to have been filed for the benefit of his co-owners.
ILLEGITIMATE, & thereafter 1 of the parties validly marries
again, the properties w/c such party might have acquired as Plata v. Yatco – If the property was purchased previous to the
a result of the liquidation of the previous marriage shall marriage & it was only after the marriage that the said property
belong to the ACP of the SUBSEQUENT MARRIAGE. was registered under the name of the owner-spouse but together
 If the previous marriage has been declared null & void w/ the other spouse as co-owner, such property is still the
because the anyone of the parties is psychologically EXCLUSIVE property of the spouse who bought it by his/her
incapacitated or because 1 of the parties did not comply w/ exclusive funds prior to the marriage & the registration after the
Art. 52 & 53, the children conceived inside such marriage marriage of the COT under the co-ownership of the spouses to
LEGITIMATE. The property acquired by the spouse who has both spouses only creates a TRUST. Restoration to the real
previous children of a previous marriage shall not belong to owner-spouse of the subject property upon liquidation is
the ACP of the subsequent marriage. necessary.

Nature of Acquired Property Using Separate Properties Penanra v. RD of Rizal – The title under consideration is a FREE
 The mere fact that property was acquired using the exclusive PATENT w/c is granted only to occupants for their continued
money of 1 spouse does NOT automatically exclude the same occupation & cultivation. The SC held that, had the land been
from the ACP Unlike in CPG, this is not 1 of the exclusions in acquired by virtue of the joint efforts of the H&W, the patent
ACP. should have so indicated. But it is granted to the wife only. It is
 Example: A marriage settlement provides that the P1M won thus presumed that as the husband is not joined as co-owner, the
by H in the sweepstake prior to the marriage shall remains land must have been acquired thru the occupation of the wife
separate during the marriage, such stipulation is valid. If, alone at the time when she was unmarried. The land was
using said amount, H subsequently buys a house w/c is used considered as the wife’s exclusive property.
as the family home, the house cannot be considered as his
separate property but as part of the ACP. Santiago v. COA – An HONORARIUM may be included as
 The same conclusion will be reached if the house was property acquired by gratuitous title as it has been defined as
donated to H, and H, after becoming the owner of the house, something given not as a matter of obligation but in appreciation
sells the house to a 3rd party. The money obtained from the for services rendered, a voluntary donation in consideration of
sale has been acquired during the marriage & is not one of services w/c admit of no compensation in money.
the exclusions.
 If any property is exchanged or merely bartered for another Redemption – the property shall belong to the spouse who has
property, the result would be the same for the same reasons. the right to redeem regardless of w/n s/he uses personal funds;
when conjugal funds are used to effect the redemption, the
Joint Administration & Enjoyment spouse making the redemption shall be liable to the CPG for
 Administration & enjoyment of ACP is exercised jointly by the reimbursement of the amount used to redeem his/her exclusive
spouses as co-owners of the ACP property. The CPG shall have a lien for the amount paid by it.
 Administration may be validly delegated to only 1 spouse,
but it must be made in a marriage settlement executed prior Barter – property acquired by exchange made by 1 spouse using
to the marriage his/her exclusive property shall remain the separate property of
 Matters w/c need immediate decisions – each spouse may such spouse. Barter is limited to goods. But if the separate
act individually even w/o the consent of the other property of a spouse is used as part of the purchase price of a
new property in addition to the conjugal funds spent for the said
GR: Alterations need the consent of both spouses, otherwise it is purchase, the new property shall be considered conjugal.
void
E: if the alteration redounds to the benefit of the family, the Naguit v. CA – The exclusive property of W was sold upon
alteration is valid & the ACP shall be liable execution by the sheriff for satisfaction of a court decision finding
H liable for his personal obligation. The SC ruled that W can file a
Disposition by Will - The spouse can only dispose of his/her separate action to annul the sale as she can be considered a 3 rd
INTEREST in the ACP and NOT in a specific property. person & is deemed a stranger to the action wherein the writ of
execution was issued & is thus justified in bringing an
CPG independent action to vindicate her right of ownership over the
subject property.
Paraphernal property – separate property of the wife
Accretion – the incorporation or addition of property to another
property
Go v. Yamane (2006) – The proof of acquisition of the property
during the marriage suffices to render the statutory presumption
GR: In a joint donation, one could not accept independently of his
of conjugality to attach.
co-donee, for there is no right of accretion unless expressly
provided so
Special Type of Partnership

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E: when the joint donation is in favor of H&W – there is a right of Note: If during the marriage, a spouse bought property partly by
accretion in case the other refuses, dies or is incapacitated his/her exclusive funds and partly by conjugal funds, the property
E to E: the right of accretion bet. H&W will NOT APPLY in the ff.: is CONJUGAL. Reason: It cannot be said to be exclusively bought
1. if the donor provides that there shall be no right of by the exclusive money of either of the spouses & is therefore
accretion conjugal.
2. the donation was specifically for just one spouse
3. if the designation is not of determinate shares, but of Payment of Credit in Favor of Spouse – one of the spouses
determinate properties (e.g. a car, building) has in his/her favor a credit payable in installments or a credit
Payment Using Conjugal Funds w/c will be fully paid during the marriage
 If conjugal funds are used to pay the obligations attached to 1. Payments made on the principal during the marriage –
an onerous donation, the donee-spouse shall reimburse the
belongs EXCLUSIVELY to the spouse who owns the
CPG but the property remains to be his/her exclusive
credit
property.
 Note: Taxes & expenses for preservation made during the 2. Interest on the principal due during marriage –
marriage for separate property of a spouse is chargeable to CONJUGAL, because interest is considered a fruit
the CPG. derived from a particular property

Retirement Benefits – Improvements


1. Gratuity – an act of pure liberality; acquired by lucrative 1. If the value of improvement & increase thereof is LESS
title like a donation or a gift - SEPARATE PROPERTY than the value of the separate property itself – entire
2. Annuity – it is NOT a gratuity if the recipient is entitled property is CONJUGAL
to it as a matter of right - CONJUGAL 2. If the value of improvement & increase thereof is MORE
3. Pensions – compensation for services previously than the value of the separate property itself – entire
rendered for w/c full & adequate compensation was not property is SEPARATE
received at the time of the rendition of the service; pay
withheld to induce long continued & faithful service - Note: In both cases, there’s always the right to reimbursement
CONJUGAL upon liquidation of the CPG. Ownership shall vest only upon such
4. Life Insurance reimbursement w/c is at the time of the liquidation of the CPG.
a. Paid by CPG – proceeds are CONJUGAL
b. Paid partly by CPG & partly by separate Maramba v. Lozano – Prior to reimbursement at the time of
property – owned by the CPG & separate liquidation, the owner-spouse still owns her separate property &
property PROPORTIONATELY in accordance w/ thus the same cannot be levied upon to satisfy a conjugal debt,
the amount of contribution unless the conjugal funds are insufficient to pay the conjugal
Note: if a beneficiary is named in the life insurance debts, in w/c case the separate property can be held solidarily
policy, the proceeds are paid to the same beneficiary liable.

Art. 116 – When the Presumption that the Property is Charges & Obligations – CPG is liable only if it is BENEFITED
Conjugal is Applicable DIRECTLY; it cannot be an indirect benefit, a by-product or spin-
1. The property was acquired during the marriage (even off of the obligation. The burden of proof to show the benefit must
when the spouses are living separately) always be on person claiming that the transaction redounded to
2. The property is registered in the names of both spouses the benefit of the family. Redounding to the benefit of the family
must always be proven and cannot be presumed.
The ff. are NOT sufficient to raise the presumption of
conjugality: Pelayo v. Perez (2005) – The signature of the wife as a mere
1. Tax declaration in the name of 1 of the spouses obtained witness & not as a party to the contract nevertheless showed her
during the marriage implied consent to a contract of sale executed by her husband.
2. An inscription in a Torrens Title stating “A married to B”
3. Registration of the property, because the property could GR: When the CPG is insufficient to cover the debts & obligations,
have been acquired while the owner was still single & the spouses shall be solidarily liable for the unpaid balance w/
was registered only after the marriage ceremony their separate property
Exceptions:
Damages 1. Antenuptial debts not redounding to the family
 Damages granted by the courts in favor of any of the 2. Support of illegitimate children of 1 of the spouses
spouses arising out of a contract solely financed by the CPG 3. Liability of 1 spouse for crime/quasi-delict
& unduly breached by a 3rd part belongs to the CGP.
 In cases of damages awarded to 1 of the spouses as a result
of physical injuries inflicted by a 3rd party, said damages Spouses Buado v. CA (2009) – A husband opposed the
exclusively belong to the said injured spouse. execution of conjugal properties by the sheriff to satisfy damages
incurred by his spouse as a result of criminal liability. Can the
Art. 117(3) - Net Fruits – the fruits of the separate property husband be considered a “third party” for purpose of satisfying
will be applied 1st to the expenses of administration of the said the requirement of the Rules of Court that only a 3 rd party can file
separate property & the remaining balance of the said fruits w/c a claim against the execution? YES. The property is conjugal in
constitute the net fruits shall be considered conjugal nature. Unlike in ACP, the CPG has no duty to make advances for
the liability of the debtor-spouse. Payment of personal debts
Installment Purchases contracted by the spouse during the marriage shall NOT be
 Situation contemplated: installment was initiated prior to the charged to the CPG, except insofar as they have redounded to the
marriage but completed during the marriage benefit of the family. By no stretch of imagination can it be
 Whether the property is included or excluded from the CPG concluded that the civil obligation arising from the crime of
depends on when the TITLE IS VESTED slander by the wife redounded to the benefit of the CPG.
1. Ownership vested before the marriage – EXCLUSIVE
PROPERTY Personal Obligations of Spouses During the Marriage -
2. Ownership vested after the marriage-ceremony – Those w/c do NOT redound to the benefit of the family or do NOT
CONJUGAL PROPERTY have consent of the other spouse shall be borne only by the
spouse-debtor & his/her separate property.

SIENNA A. FLORES P ERSONS & FAMILY RELATIONS


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ADOPTION
DOMESTIC ADOPTION INTER-COUNTRY ADOPTION
ACT OF 1998 (RA 8552) ACT OF 1995 (RA 8043)
JUDICIAL EXTRAJUDICIAL
1. Any FILIPINO Citizen 1. An alien or Filipino citizen
a. Of legal age
permanently residing abroad
b. In possession of full civil capacity & rights
2.at least 27 years old
c. Of good moral character
3.has undergone the appropriate
d. Has not been convicted of any crime involving moral turpitude
counseling from an accredited
e. Emotionally & psychologically capable of caring for children
counselor in his/her country
f. At least 16 YEARS older than the adoptee
4.is in a position to give the
g. In a position to support & care for his/her children in keeping w/ the means of
necessary moral values and
the family
example to all his children,
2. Any ALIEN possessing the same qualifications as above, provided:
including the child to be adopted
a. His/her country has diplomatic relations with the Phil.
5.agrees to uphold the basic rights
Who May b. Living in the Phil. for at least 3 continuous years prior to the filing of the
of the child as embodied under
Adopt? application for adoption
Phil. laws, the U.N. Convention
c. Maintains such residence until the adoption decree is entered
on the Rights of the Child, & to
d. Certified to have legal capacity to adopt in his/her country
abide by the R&R issued to
e. His/her government allows the adoptee to enter his/her country as his/her
implement this Act
adopted child
6.comes from a country whose
3.HUSBAND & WIFE shall jointly adopt except in the ff. cases:
government maintains a similarly
a. If one spouse seeks to adopt the legitimate child of the other
authorized & accredited agency
b. if one spouse seeks to adopt his/her own illegitimate child: Provided, However,
& that adoption is allowed under
that the other spouse has signified his/her consent thereto
his/her national laws
c. if the spouses are legally separated from each other
4.The GUARDIAN w/ respect to the ward provided it is after:
(Other requirements are the same
a. the termination of the guardianship, and w/ Domestic Adoption)
b. clearance of his/her financial accountabilities
The requirement of 16 YEARS difference bet. adopter & adoptee may be waived if the The requirement of 16 YEARS
adopter is: difference bet. adopter & adoptee
1.the biological parent of the adoptee may be waived if the adopter is:
2.the spouse of the adoptee’s parent 1. the biological parent of the
Exceptions to adoptee
Rules on The requirement on RESIDENCE & CERTIFICATION of alien’s qualification to adopt 2. the spouse of the adoptee’s
Who May may be waived for the ff: parent
Adopt 1. one who seeks to adopt the legitimate child of his Filipino spouse
2. a former Filipino citizen who seeks to adopt a relative w/in the 4 th degree of
consanguinity or affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4th degree of consanguinity or affinity of the Filipino spouse
1.Any person below 18 who has been administratively or judicially declared available Only a legally free child may be the
for adoption; subject of inter-country adoption.
2.The legitimate child of one spouse by the other spouse;
3.An illegitimate child by a qualified adopter to improve his/her status to that of Legally freed child - a child who
legitimacy; has been voluntarily/involuntarily
4. A person of legal age if, prior to the adoption, said person has been committed to DSWD.
Who May be
consistently considered and treated by the adopter/s as his/her own child since
Adopted?
minority;
5.A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent/s has died; (but no proceedings
shall be initiated w/in 6 months from the time of death of said parent/s.

A child legally available for adoption - a child who has been voluntarily or involuntarily
committed to DSWD OR to a duly licensed & accredited child-placing or child caring
agency, freed of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter/s.
Definition of a person below 18 years of age a person below 15 years of age,
a Child unless sooner emancipated by law
1. The adoptee, if 10 years of age or over;
Whose 2. The biological parent/s of the child, if known, or the legal guardian, or the proper
Consent is government instrumentality w/c has legal custody of the child;
Necessary to 3. The legitimate & adopted children, 10 years of age or over, of the adopters &
the adoptee, if any;
Adoption? 4. The illegitimate children, 10 years of age or over, of the adopter if living w/ said
adopter & the latter's spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted.

SIENNA A. FLORES P ERSONS & FAMILY RELATIONS


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Where to File Family court where the ADOPTER resides 1. Inter-Country Adoption Board, or
Petition 2. RTC having jurisdiction over the
ADOPTEE
What 1. Prayer for change of name Only petition for adoption.
Petition for 2. Rectification of simulated birth
Adoption 3. Declaration that the child is a foundling, abandoned, or neglected child.
may Include
1. Birth/baptismal/foundling certificate 1. Birth certificate of applicant/s
2. Decree of annulment, nullity, or legal separation of the adopter, as well as that of 2. Marriage contract/divorce decree
the biological parents of the adoptee, if any
3. Written consent of their biological
3. School records showing the name, age & residence of the adoptee
or adoptive children above 10
4. Child study report on the adoptee & his biological parents
years of age, in the form of sworn
5. Home study report on the adopters. If the adopter is an alien or residing abroad but
statement
qualified to adopt, the home study report by a foreign adoption agency duly
4. Physical, medical & psychological
accredited by the ICAB
evaluation by a duly licensed
Annexes or 6. If the petitioner is an alien, certification by his diplomatic/consular office or any
physician & psychologist
Documents appropriate government agency that:
5. Income tax returns or any
to be a. he has legal capacity to adopt in his country, and
document showing the financial
Submitted b. his government allows the adoptee to enter his country as his own adopted child
capability of the applicant/s
c. Affidavit of consent of the ff:
6. Police clearance of applicant/s
a. Adoptee, if at least 10 years old
7. Character reference from the local
b. Biological parents of the adoptee, if known, or legal guardian, or the child-
church/minister, the applicant's
placement or child-caring agency, or the proper governmental instrumentality
employer & a member of the
w/c has legal custody of the adoptee
immediate community who have
c. Legitimate & adopted children of the adopter & of the adoptee, who are at least
known the applicant/s for at least
10 years old
5 years;
d. Illegitimate children of the adopter living w/ him who are at least 10 years old
8. Recent postcard-size pictures of
e. Spouse of the adopter or adoptee
the applicant/s & his immediate
family
(all must be written & officially
translated in English)
GR: at least 6 months, but court may reduce period at least 6 months from the time of
E: aliens must complete the 6-month trial custody placement
E to E:
Supervised 1. one who seeks to adopt the legitimate child of his Filipino spouse
Trial Custody 2. a former Filipino citizen who seeks to adopt a relative w/in the 4 th degree of
consanguinity/affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4th degree of consanguinity/affinity of the Filipino spouse

DOMESTIC ADOPTION ACT OF 1998 Decree of Adoption - effective as of the date the original
petition was filed
Who May File Verified Petition for Rescission of Adoption?
1. Adoptee
a. Over 18 years of age
b. If minor, w/ the assistance of DSWD
2. Guardian or counsel, if over 18 but incapacitated
Effects of Adoption
Note: The adopter CANNOT rescind the adoption, but can merely 1. adopter will exercise parental authority
disinherit the adoptee as provided under Art. 919, NCC. 2. all legal ties bet. biological parents & the adoptee shall
be severed, except when the biological parent is the
Where to File Verified Petition for Rescission? spouse of the adopter
Family court of the city/province where the ADOPTEE resides. 3. adoptee shall be considered a legitimate child of adopter
4. adopters & adoptee shall have reciprocal rights of
What is the Period Within Which to File the Petition?
succession w/o distinction from legitimate filiation
5 years from reaching the age of majority or after recovery from
incompetency.
Grounds for Rescission
1. repeated physical and verbal maltreatment by the
Order of Hearing
adopter/s despite having undergone counseling
GR: notice to the OSG is DISCRETIONARY
2. attempt on the life of the adoptee
E: If a change of name of the adoptee is prayed for in the
3. sexual assault or violence
petition, notice to the OSC is MANDATORY
4. abandonment & failure to comply w/ parental
obligations.
Case Study – The social worker verifies w/ the Civil Registry the
real identity & the name of the adoptee & the fact that s/he is
Effects of Rescission
legally available for adoption & that the documents submitted to
1. parental authority of biological parent or legal custody of
support this fact are valid & authentic.
DSWD will be restored
2. reciprocal rights of adopter & adoptee will be
Purpose of Supervised Trial Custody – In order for the parties
extinguished
to adjust psychologically and emotionally to each other and to
3. succession rights shall revert to its status prior to
establish a bonding relationship
adoption, but only as of the date of judgment of judicial
rescission

SIENNA A. FLORES P ERSONS & FAMILY RELATIONS


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4. vested rights prior to the judicial rescission shall be INTER-COUNTRY ADOPTION OF 1995
respected
5. Civil Registrar will cancel the amended certificate of birth It is the socio-legal process of adopting a Filipino child by a
of the adoptee & restore his/her original birth certificate foreigner or a Filipino citizen permanently residing abroad where
6. adoptee will use the name stated in his original birth the petition is filed, the supervised trial custody is undertaken,
certificate or foundling certificate and the decree of adoption is issued outside the Philippines

SIENNA A. FLORES P ERSONS & FAMILY RELATIONS