Ramos, Wilmark J.

JD- 1C | 2019102083
Persons and Family Relations- Assignment on Property Relations

Absolute Community of Property Conjugal Partnership of Gains

When it At the precise moment of the celebration of the marriage Default property regime for marriages celebrated before the Family
commences (Art. 88, FC) Code took effect

For marriages after the Family Code, if agreed to by the parties through
a marriage settlement.

What it consists of All the property owned by the spouses at the time of the Proceeds, products, fruits, and income of their separate properties
celebration of the marriage or acquired thereafter (Art. 91,
FC) Everything acquired by them during marriage through their own efforts

Spouses cannot exclude specific properties from the regime Everything acquired by them by chance.
unless done in settlement.
Winnings from gambling shall accrue to the community Specific properties (Art. 117, FC)
property but obligations from gambling shall not. (Art. a. Acquired by onerous title during the marriage at the expense of
95, FC) the common fund;
b. Acquired through the labor, industry, work, or profession of either
or both spouses
c. Fruits from common property and net fruits of the exclusive
property of each spouse
d. Share of either spouse in hidden treasure, whether as finder or
owner of property where treasure was found
e. Acquired through occupation such as fishing or hunting
f. Livestock existing at dissolution of partnership in excess of what is
brought by either spouse to the marriage
g. Acquired by chance, such as winnings from gambling or betting
 Property purchased by installment, paid partly with conjugal funds and
partly with exclusive funds, if full ownership was vested during the
es marriage; the CPG shall reimburse the owner- spouse (Art. 118, FC)

If a winning ticket is bought by conjugal funds, the prize is conjugal

(otherwise, the prize is exclusive property of the spouse who owns the
ticket)
Improvement on exclusive property: if original value < new value (where
new value = value of land + value of improvements + net change in value),
then land becomes conjugal property, subject to the reimbursement of the
value of the property of the owner-spouse at the dissolution of the CPG
Property belonging to one spouse converted into another kind totally
different in nature from its original form during marriage becomes
conjugal in the absence of proof that the expenses of the conversion were
exclusively for the account of the original owner-spouse, subject to
reimbursement of the value of the original property from the conjugal
partnership
What remains Properties acquired before the marriage, for those with Property brought into the marriage by each spouse as his/her own
exclusive property legitimate descendants with a former marriage (to protect
rights of children by a former marriage)

Properties acquired during the marriage by a gratuitous Properties acquired during the marriage by a gratuitous title, i.e.
title, i.e. donation, inheritance by testate and intestate donation, inheritance by testate and intestate succession, including the
succession, including the fruits of such properties fruits of such properties

Except: When expressly provided by the donor or testator Except: When expressly provided by the donor or testator that the
that the property shall form part of the ACP property shall form part of the ACP

Property acquired by right of redemption, by barter, or by exchange with

Properties for personal use property belonging to either spouse

Except: Jewelry (partakes of the nature of an investment)

Property purchased with exclusive money of either spouse

Presumption All properties acquired during the marriage form part of the All property acquired during the marriage, whether made, contracted, or
ACP, unless it be proven that they are excluded. (Art. 93, registered in the name of one spouse, are presumed conjugal unless the
FC)
Charges and Art. 94, FC
Obligations
A. Support of the following:
1.Spouses;
2. Common children;
3. Legitimate children of previous marriage;
4. Illegitimate children – follow the provisions on
Support; ACP liable in case of absence or
insufficiency of the exclusive property of the
debtor- spouse but the payment shall be
considered as advance to the share of the debtor-
spouse.
B. Expenses to enable either spouse to commence/
complete a professional/vocational course or
activity for self-improvement;
C. Value donated or promised by both spouses in
favor of common legitimate children for the
exclusive purpose of commencing/ completing a
professional/ vocational course or activity for self-
improvement.
Property purchased by installment, paid partly with conjugal funds and
partly with exclusive funds, if full ownership was vested before the
marriage (Art. 118, FC)
contrary is prove. (Art. 116, FC)
Arts. 121-123, FC
A. Support of the following:
1. Spouses;
2. Common children;
3. Legitimate children of previous marriage;
4. Illegitimate children – follow the provisions on Support;
Partnership assets liable in case responsibilities under Art. 121
have been covered and there is absence or insufficiency of the
exclusive property of the debtor- spouse but the payment shall
be considered as advance to the share of the debtor-spouse.
B. Expenses to enable either spouse to commence/complete a
professional/ vocational course or activity for self-
improvement;
C. Value donated or promised by both spouses in favor of
common legitimate children for the exclusive purpose of
commencing/ completing a professional/ vocational course or
activity for self- improvement.
 If community property is insufficient, the spouses are If conjugal partnership property is insufficient, the spouses are solidarily
solidarily liable for the unpaid balance from their separate liable for the unpaid balance from their separate properties except for:
properties except for:
a. Debts contracted by either spouse before marriage which have
a. Debts contracted by either spouse before marriage not redounded to the benefit of the family;
which have not redounded to the benefit of the b. Support of illegitimate children; and
family; c. Liabilities incurred by either spouse arising from crime or
b. Support of illegitimate children; and quasi-delict.
c. Liabilities incurred by either spouse arising from
crime or quasi-delict.

Gambling losses of any kind (i.e. legal or illegal) shall be Gambling losses of any kind (i.e. legal or illegal) shall be borne by the
borne by the losing spouse’s separate property (Art. 95, FC) losing spouse’s separate property (Art. 123, FC)

Ownership, The administration and enjoyment of the community
administration, property shall belong to both spouses jointly. In case of
enjoyment, and disagreement, the husband’s decision shall prevail, subject
disposition to recourse to the court by the wife for a proper remedy,
within 5 years from the date of contract (Art. 96, FC)
Either spouse may, through a will, dispose of his or her
interest in the community property. (Art. 97, FC) However,
the will should refer only to his or her share in the
community property.
The administration and enjoyment of the 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,
within 5 years from the date of contract (Art. 124, FC)
Disposition or encumbrance of conjugal property requires the
following: Authority of the court or written consent of the other spouse.
The absence of such will render such encumbrance void. (Art. 124, par.
2, FC)

Donation of one spouse without the consent of the other is Consent or approval by both spouses, or authority given by the court in
not allowed. (Art. 98, FC) lieu of the consent of the other spouse.

Exceptions:

Moderate donations to charity due to family rejoicing or

distress
 ACP allows donations in excess of one-fifth of present
property of future spouses because the donation would
form part of the community property once the marriage is
celebrated. (Art. 84, FC)
Dissolution of the Terminates upon (Art. 99, FC): Terminates upon (Art. 126, FC; cf. Art. 99, FC):
regime
a. Death of either spouse – follow rules in Art. 103 a. Death
b. Legal separation – follow rules in Arts. 63 and 64 b. Legal separation
c. Annulment or judicial declaration of nullity – c. Annulment or judicial declaration of nullity
follow rules in Arts. 50 and 52

Judicial separation of property during marriage – follow Judicial separation of property

rules in Arts. 134 to 138

Rules on de facto De facto separation does not affect the ACP, except that:
separation
a. Spouse who leaves the conjugal home without
just cause shall not be entitled to support; however,
he/she is still required to support the other spouse
and the family
b. If consent is necessary for transaction but is
withheld or otherwise unobtainable, authorization
may be obtained from the court
c. Support for family will be taken from the ACP
d. If ACP is insufficient, spouses shall be solidarily
liable
De facto separation does not affect the CPG, except that:
a. Spouse who leaves the conjugal home without just cause shall
not be entitled to support; however, he/she is still required to
support the other spouse and the family
b. If consent is necessary for transaction but is withheld or
otherwise unobtainable, authorization may be obtained from the
court
c. Support for family will be taken from the partnership property.
d. If partnership property is insufficient, spouses shall be solidarily
liable

Effect of de facto If it is necessary to administer or encumber separate If it is necessary to administer or encumber separate property of spouse
separation property of spouse who left, spouse present may ask for who left, spouse present may ask for judicial authority to do this.
judicial authority to do this.
 If ACP is not enough and one spouse has no separate If partnership property is not enough and one spouse has no separate
property, spouse who has property is liable for support, property, spouse who has property is liable for support, according to
according to provisions on support. provisions on support.

Rules on Abandonment (Art. 101, FC) Abandonment (Art. 128, FC)

Abandonment
Present/aggrieved spouse may petition the court for: Present/aggrieved spouse may petition the court for:

a. Receivership
b. Judicial separation of property
c. Authority to be the sole administrator of the
absolute community, subject to precautionary
conditions that the court may impose
a. Receivership
b. Judicial separation of property
c. Authority to be the sole administrator of the partnership
property, subject to precautionary conditions that the court may
impose

A spouse is deemed to have abandoned the other when he A spouse is deemed to have abandoned the other when he or she has left
or she has left the conjugal dwelling without any intention the conjugal dwelling without any intention of returning.
of returning.
Spouse is prima facie considered to have abandoned the other spouse
Spouse is prima facie considered to have abandoned the and the family if he or she has:
other spouse and the family if he or she has:

a. Left for a period of 3 months a. Left for a period of 3 months

b. Failed to inform the other spouse of his or her b. Failed to inform the other spouse of his or her whereabouts for
whereabouts for a period of 3 months a period of 3 months
 Liquidation of Procedure (Art. 102, FC)
assets and liabilities
a. Inventory of assets of ACP and of spouses,
with market values
b. Obligations are paid with community
property, and separate obligations not charged
to ACP paid by respective assets of spouses
If obligations exceed the assets of the ACP, nothing is
divided. Creditors can go after the separate properties of the
spouses, which are solidarily liable for the deficiency
a. Delivery of whatever remains in their exclusive
property
b. Balance, or net remainder is divided equally
between the spouses, irrespective of how much
each brought into the community
c. If personal obligations of a spouse exceed his/her
separate property, creditor can go after the share of
the spouse on the net remainder of the ACP,
without prejudice to the provisions of law on
forfeitures and delivery of presumptive legitimes
d. After covering all community obligations and
obligations of spouses, balance of separate
properties shall be delivered to respective spouses
or their heirs, and they will also divide into two
equal shares whatever is left of the community
assets, without prejudice to the provisions of law
on forfeitures and delivery of presumptive
legitimes
Procedure (Art. 129, FC)
a. Prepare an inventory of all properties
b. Amounts advanced by CPG in payment of personal
debts and obligations shall be credited to the CPG
c. Reimburse each spouse for the use of his/her exclusive
funds in the acquisition of property or for the value of
his or her exclusive property, the ownership of which
has been vested by law in the conjugal partnership
d. Debts and obligations of CPG shall be paid out of the
conjugal assets, otherwise both spouses are solidarily
liable with their exclusive property
e. Remains of the exclusive properties shall be delivered
to respective owner-spouses.
f. Indemnify loss/deterioration of movables belonging to
either spouse, even due to fortuitous event, used for the
benefit of the family
g. Net remainder of CPG shall constitute the profits which
shall be divided equally between husband and wife
except when:
1. A different proportion or division was agreed
upon in the marriage settlements
2. There has been a voluntary waiver or forfeiture
of such share as provided in the FC
h. Presumptive legitimes are delivered to common
children
i. Conjugal dwelling goes to: (1) Spouse with whom
majority of common children choose to remain (below
7 y.o. = deemed to have chosen the mother based on the
tender years presumption) (2) Whoever the court
chooses in case of lack of majority
Rules in case of termination of marriage by death of one of the spouses (Art. 104, FC):

a. The community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased spouse.
b. If no such judicial settlement proceeding is instituted, surviving spouse shall liquidate the community property either
judicially or extra-judicially within one year from the death of the deceased spouse.

1. If no liquidation is made within the period, any disposition or encumbrance involving community property
of the terminated marriage shall be void.
2. Non-compliance with liquidation procedures would mean that a subsequently contracted marriage will follow
a regime of complete separation of property.

Procedure for liquidation of properties of two marriages (Art. 104, FC):

a. Determine the capital, fruits, and income of each community upon such proof as may be considered according to the rules of
evidence.
b. In case of doubt as to which community the existing properties belong, they shall be divided between two communities in
proportion to the capital and duration of each.