Definition

GR: Marriage
settlement
Existence

ACP
Community property
consists all property
owned by the
spouses at the time
of the celebration of
the marriage.

Default regime on or
after Aug 3, 1988

CPG
Husband and wife
place in a common
fund the PPFI (proceeds,

SP

Other Regimes

Only by express
declaration in
marriage settlement
Xpn: Judicial order

Application of:
ARTICLE 147
When a man and a
woman:
1. Capacitated to
marry each
other
2. Live
exclusively
with each
other as H &
W
3. Without legal
marriage or
VOID Marriage
under Art 36

products, fruits and income)

from their SP and

those acquired
through efforts or by
chance, which will be
divided between
them EQUALLY [as a
general rule] upon
the dissolution of the
marriage or the
partnership.
Default regime
before Aug 3, 1988
Only if this regime
has been agreed
upon in the marriage
settlement [for
marriage celebrated
on or after the
effectivity of FC]

*Voluntary judicial SP
both spouses go to
court/ Joint Verified
Petition
*Judicial SP for
sufficient cause
based on: Art 135
1. spouse penalized
with civil interdiction
2. declaration of
absence of one
spouse

Commencement

Shall commence at the precise moment the

marriage is celebrated

No waiver of rights, interests, shares and

effects during the marriage can be made
XPN: judicial SP, or last will and testament

3. loss of parental
authority by court
order
4. abandonment or
failure to comply
obligations
5. abuse of
administration power
6. separation in fact
for at least 1 year
AND reconciliation is
highly improbable
1. For express
declaration, at
the time of
marriage
2. For conversion
to SP, after
dissolution of
ACP/CPG by
judicial order
Art 139
Duty to record:
1. Petition for SP
AND
2. Final
affirmative
judgement
Offices:
1. Local civil
registry
AND
2. ROD where
the property is

ARTICLE 148
Cohabitation with
legal impediment/s
Ex:
1. Below 18
2. Incestuous
marriage/
relationship
3. Bigamous
marriages
4. illicit/adulterou
s relationships

ART 147
1. Presumption
of joint
acquisition
2. If only one is
capable to
purchase, the
other is
deemed to
contribute in
the care and
maintenance
of the family

located
Art 140
No prejudice to
creditors

Governing Principle

Property covered

Principle of coownership

1. All the
property
owned by the
spouses at the
time of the
celebration of
marriage.
2. All property
acquired by
the spouses
during the
marriage.

Contract of
partnership

1. Acquired by
onerous title
during the
marriage
using the
common fund
2. Obtained from
labor,
industry, work
or profession
of either or
both spouses
*salary is
conjugal
3. Natural,
industrial or
Civil Fruits, or
received
during the
marriage from
common

1. Present
property
2. Future
property
3. Both
1. Total
2. Partial (the
property
without SP
agreement
shall be
governed by
ACP)

and of the
household
ARTICLE 148
1. Actual joint
contribution of
money,
property or
industry
Art 147 only
principle of coownership
Only Property
acquired during the
existence of the
marriage (even later
declared void) or
during the existence
of the cohabitation
BUT NEEDS TO BE
PROVEN IF
ACQUIRED ONLY BY
ONE SPOUSE

4.

5.

6.

7.

property and
net fruits from
exclusive
property
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
Acquired
through
occupation
Livestock
existing upon
the dissolution
of the
partnership in
excess of the
number of
each kind
brought to the
marriage
Acquired by
chance.
[Losses shall
be borne
exclusively by

Property Excluded
[NOT Covered]

1. Property
acquired
during the
marriage by
gratuitous title
by either
spouse, and
the fruits and
the income
thereof, if any
XPN: expressly
provided to take
form part of the
community
property
2. Property for
personal and
exclusive use
of either
spouse.
XPN: Jewelry shall
form part of the
community property
3. Property
acquired
during the
previous
marriage, and
the fruits and
the income of
such property,

the loserspouse
Property by Direct
Acquisition:
1. Property
brought to the
marriage
2. Property
acquired
during the
marriage by
gratuitous title
(donations,
inheritance).
No
Exception.
Note: if a friend
donates a parcel of
land to the spouses,
the said land is not
conjugal, but
separate property
(1/2each), without
prejudice to the right
of accretion when
proper Art 113.
Note: onerous
donation, charges
shall be borne by the
exclusive property of
the done spouse
Art 114
Note: Hidden

by the spouse
who has
legitimate
descendants

Property Acquisition
during the marriage

Presumed to belong
to the community

treasure found is
conjugal
Property by
Substitution:
3. Property
acquired by
right of
redemption,
by barter or
by exchange
with a
property
owned by one
spouse only
4. Property
purchased
with exclusive
money
Note: Spouse retains
ownership,
possession,
administration and
enjoyment; may
transfer the
administration by
public document
registered in the
ROD where the
property is located.
Art 110
Presumed to be
conjugal

ART 147
Joint Acquisition, with

XPN: Proven to be
one of those
excluded from the
community

Xpn: Need to prove

that the funds used
to purchase is from
the exclusive
property.
Note: if a land is
purchased with
exclusive and
conjugal funds, such
land shall be partly
exclusive and partly
conjugal. Otherwise,
to be exclusive, must
reimburse the
conjugal funds used
or the other way
around
Note: Retirement,
benefits, pensions,
annuities, gratuitous,
usufruct and similar
benefits shall be
governed by the
rules on gratuitous
or onerous
acquisitions.
Gratuitous
acquisition
exclusive property
Onerous acquisition
know first the

ownership of equal
shares
ART 148
Actual Joint
Acquisition, with
ownership in
proportion to the
respective
contribution

source of funds, if
from exclusive funds
or conjugal funds
Note: for property
bought on
installment paid
partly from exclusive
funds and partly
from conjugal funds,
who owns the
property?
-Based on the
transfer of
ownership. If transfer
is before marriage,
exclusive property. If
transfer during the
marriage, conjugal
property, subject to
reimbursement to
the spouse who
initially bought the
property
Note: Receivables of
one spouse to be
collected in
installments
principal amount is
exclusive, while
interests falling due
during the marriage

Charges upon and

Obligations

is conjugal
1. Support of the spouses, common
children and legitimate children of
either spouse

2. All debts/obligations contracted

during the marriage: a. for the benefit
of the community/partnership; b. by
both spouses; c. by one spouse with
consent of the other
3. Debts/obligations contracted by
either spouse without the consent of
the other but the family have been
benefited
Note: Before the enactment of FC, sale of
property without marital consent is merely
voidable. Under the FC, such sale is void.
4. Taxes, liens, charges and expenses,
including major or minor repairs, upon
the community/conjugal property
5. Taxes and
Taxes and
charges and
expenses for
expenses for
mere
mere
preservation
preservation
made during the
made during
marriage upon
the marriage
the separate
upon the
property
separate
property used

Ratio-based
Family expenses in
proportion to income
of the spouses
If no income, in
proportion to the
current market value
of SP
Solidary liability of
the spouses to the
creditors for family
expenses

by the family
6. Expenses to enable either spouse to
commence or complete a professional
or vocational course, or other activity
for self-improvement
7. Ante-nuptial debts of either spouse
which redounded to the benefit of the
family
8. Value of donation or of promise of
both spouses in favor of the common
legitimate children for the exclusive
purpose of commencing or
completing a professional/ vocational
course/ other self-improvement
activities
9. The payment
Improvements on
of ante-nuptial Exclusive Property by
debts of either Conjugal Partnership,
spouse shall
either for Utility or
be considered Adornment: If value
advances to
increases, the
be deducted
exclusive property
from the share shall become a
of the debtorconjugal, subject to
spouse upon
reimbursement.
liquidation, if
Otherwise, retain as
exclusive
exclusive.
property is
insufficient.
Ex: 1. Support of
illegitimate
children of either
spouse, 2.
Liabilities

In case of
insufficiency of the
property

Personal Debts

Gambling and
Games
Ownership,
Administration,
Enjoyment,
Disposition of
Property

incurred by either
spouse by reason
of crime or quasidelict)
10.Expenses of litigation between
spouses
Xpn: Suit found to be groundless,
charged to the spouse who first filed
the petition
Spouses solidarily liable [for the unpaid
balance]

1. Solidarily
liable for
family
expenses, in
proportion to
the
income/curren
t market value
of exclusive
property

Art 122:

Note: Before a
spouse can advance
from the conjugal
funds, satisfy first all
debts and
obligations
1. Loses shall be borne by the loser
Winnings shall form part of the property
GR: Joint administration and enjoyment by
both spouses
XPN: In case of disagreement, husbands
decision will prevail, subject to recourse to
the court by wife for proper remedy

No need of marital
consent
Note (Art 142):
Administration of all

ARTICLE 147
Ownership are of
equal shares.
Disposition/

(Prescription: 5 years from the date of

implementation of the husbands decision)
RULES if one spouse is incapacitated/ unable
to participate:
*Administration
- the spouse may assume sole powers of
administration
*Disposition and Encumbrance
-the spouse needs 1. Written consent of the
other spouse, or 2. Authorization by the
court
**Xpn on Encumbrance:
Encumbrance of one year or less is allowed
wilthout written consent of the other spouse
or authorization by court
***Note: Foreigner spouse has no vested
right over land property in the Philippines,
the Filipino spouse has dominion over their
community property.

Donations

Grounds for
Termination of

NOT allowed except:

- Moderate donations for charity or on
occasion of family rejoicing or family
distress
1. Death of either spouse
2. Decree of legal separation

classes of exclusive
property of either
spouse may be
transferred by court
to the other spouse:
1. One becomes
the guardian
of the other
2. One declared
an absentee
3. One spouse
sentenced
with civil
interdiction
4. One becomes
fugitive from
justice
Xpn:
If the other spouse is
also incapacitated by
reason of
incompetence,
conflict of interest or
any other just cause,
the court shall
appoint another
suitable person to be
the administrator

Encumbrance
NEEDS marital
consent, until after
the termination of
cohabitation
ARTICLE 148
Ownership in
proportion to the
respective
contributions. If
none, presumed to
be equal

Regime

Effect of
Separation in Fact
(Separation de Factospouses agreed to
live separately in
bed and board even
without decree of
legal separation)

Abandonment
without just cause or
failure to comply
marital, parental and
property relations
obligations

3. Annulment or Declaration of Nullity of

Marriage
4. Judicial separation of property during
the marriage under FC Art 134 and
138
Does not affect the regime that governs
The spouse who left the conjugal home or
refuses to live therein, without just cause,
loses the right to be supported
Note:
1. Judicial authorization. Required by
law, when a transaction of one spouse
needs the consent of the other [who
left the conjugal home and cannot be
found].
Ex: disposition and encumbrance
transactions, especially to satisfy the
debts/obligations share of the
absentee-spouse.
2. If community property is insufficient,
separate property of both spouses is
solidarily liable for the support of the
family.
Aggrieved spouse shall petition the court
for:
1. Receivership
2. Judicial separation of property best
remedy
3. Authority to be the sole administrator
of the community property
Note: presumption of abandonment is 3

months without information of whereabouts,

for this purpose only.

Liquidation
Procedure Upon
dissolution of the
property regime

1. Inventory of the community property

and the exclusive property of each
spouse.

2. Advances in
payment of
personal
debts/obligatio
ns shall be
credited to the
conjugal
partnership
3. Reimburseme
nt to each
spouse for
using
exclusive
property in
acquiring
conjugal
property,
including the
property
which became
a conjugal
property after
improvements
made
4. Payment of debts and obligations of

No liquidation
required because the
properties declared
to be exclusive and
separate.

No liquidation
required because no
property regime
governs

the community property.

5. Delivery of the remains to each of the
spouses.
6. Payment of
the
loss/deteriorat
ion of
movables
(exclusive)
used for the
benefit of the
family
7. Equal division of the net remainder of
the community property
Xpn: 1. agreement on a different proportion;
2. Voluntary waiver of share which must be
presented in court
8. Delivery of presumptive legitimes of
the common children upon partition
9. Conjugal home shall be adjudicated
according to the agreement in the
marriage settlement.
Default: shall be granted to the
spouse with the majority of the
common children
(par 9. Is only applicable to
annulment and legal separation
cases. Art 147 shall apply for Void
Marriages)
Rule of Forfeiture

If either spouse
contracted the
marriage in bad
faith:

ARTICLE 147
If one spouse in void
marriage in good
faith:

Share in the partition

shall be forfeited in
favor of
1. Common
children or
2. Children of the
guilty spouse
from previous
marriage or
3. Innocent
spouse, if no
children

Share of the spouse

in bad faith shall be
forfeited in favor of
1. Common
children
If none,
2. Surviving
descendants
3. Innocent
spouse
ARTICLE 148
If one spouse is
validly married to
another, his/her
share in the coownership shall
accrue to the
property of the
existing legal family.
If one spouse acted
in bad faith but not
married, his share
shall be forfeited in
favor of (Art 147)
1. Common
children
2. Surviving
descendants
3. Innocent
spouse
If both spouses acted

in bad faith, Art 148

still applies
Termination of
Marriage By Death

Subsequent
marriage

Liquidation procedure: settlement of the

estate of the deceased
Judical or Extrajudical liquidation by the
surviving spouse is allowed, only within 1
year from the death of the deceased
spouse.
If lapsed, any disposition or encumbrance of
the community property shall be void.
Without compliance with the liquidation
procedure, mandatory regime of separation
of property shall govern.