Chapter 3.

System of Absolute Community

Section 1. General Provisions
Art. 91. Unless otherwise provided in this Chapter or in
the marriae settlements! the community property shall
consist of all the property owned by the spouses at the
time of the celebration of the marriae or ac"uired
thereafter.
Art. ##. $he absolute community of property between
spouses shall commence at the precise moment that the
marriae is celebrated. Any stipulation! e%press or
implied! for the commencement of the community reime
at any other time shall be void.
Art. #9. &o waiver of rihts! shares and effects of the
absolute community of property durin the marriae can
be made e%cept in case of 'udicial separation of property.
(hen the waiver ta)es place upon a 'udicial
separation of property! or after the marriae has been
dissolved or annulled! the same shall appear in a public
instrument and shall be recorded as provided in Article **.
$he creditors of the spouse who made such waiver may
petition the court to rescind the waiver to the e%tent of the
amount sufficient to cover the amount of their credits.
Art. 9+. $he provisions on co,ownership shall apply to the
absolute community of property between the spouses in
all matters not provided for in this Chapter.
Art. 9-. $he followin shall be e%cluded from the
community property.
/10 Property ac"uired durin the marriae by ratuitous
title by either spouse! and the fruits as well as the income
thereof! if any! unless it is e%pressly provided by the
donor! testator or rantor that they shall form part of the
community property1
/-0 Property for personal and e%clusive use of either
spouse. 2owever! 'ewelry shall form part of the
community property1
/30 Property ac"uired before the marriae by either
spouse who has leitimate descendants by a former
marriae! and the fruits as well as the income! if any! of
such property. /-+1a0
Chapter 3. Con'ual Partnership of Gains
Section 1. General Provisions
Art. 1+4. 5n case the future spouses aree in the marriae settlements
that the reime of con'ual partnership ains shall overn their property
relations durin marriae! the provisions in this Chapter shall be of
supplementary application.
$he provisions of this Chapter shall also apply to con'ual
partnerships of ains already established between spouses before the
effectivity of this Code! without pre'udice to vested rihts already
ac"uired in accordance with the Civil Code or other laws! as provided in
Article -46
Art. 1+6. Under the reime of con'ual partnership of
ains! the husband and wife place in a common fund the
proceeds! products! fruits and income from their separate
properties and those ac"uired by either or both spouses
throuh their efforts or by chance! and! upon dissolution
of the marriae or of the partnership! the net ains or
benefits obtained by either or both spouses shall be
divided e"ually between them! unless otherwise areed in
the marriae settlements.
Art. 1+*. $he rules provided in Articles ## and #9 shall
also apply to con'ual partnership of ains. /n0
Art. 1+#. $he con'ual partnership shall be overned by
the rules on the contract of partnership in all that is not in
conflict with what is e%pressly determined in this Chapter
or by the spouses in their marriae settlements.
Section -. 7%clusive Property of 7ach Spouse
Art. 1+9. $he followin shall be the e%clusive property of
each spouse.
/10 $hat which is brouht to the marriae as his or her
own1
/-0 $hat which each ac"uires durin the marriae by
ratuitous title1
/30 $hat which is ac"uired by riht of redemption! by
barter or by e%chane with property belonin to only one
of the spouses1 and
/30 $hat which is purchased with e%clusive money of the
wife or of the husband.
Art. 11+. $he spouses retain the ownership! possession!
administration and en'oyment of their e%clusive properties.
Art. 93. Property ac"uired durin the marriae is
presumed to belon to the community! unless it is proved
that it is one of those e%cluded therefrom.
7ither spouse may! durin the marriae! transfer the
administration of his or her e%clusive property to the other by
means of a public instrument! which shall be recorded in the
reistry of property of the place the property is located.
Art. 111. A spouse of ae may mortae! encumber! alienate or
otherwise dispose of his or her e%clusive property! without the
consent of the other spouse! and appear alone in court to litiate
with reard to the same. /n0
Art. 11-. $he alienation of any e%clusive property of a spouse
administered by the other automatically terminates the
administration over such property and the proceeds of the
alienation shall be turned over to the owner,spouse. /n0
Art. 113. Property donated or left by will to the spouses! 'ointly
and with desination of determinate shares! shall pertain to the
donee,spouses as his or her own e%clusive property! and in the
absence of desination! share and share ali)e! without pre'udice
to the riht of accretion when proper. /14+a0
Art. 113. 5f the donations are onerous! the amount of the
chares shall be borne by the e%clusive property of the donee
spouse! whenever they have been advanced by the con'ual
partnership of ains. /141a0
Art. 114. 8etirement benefits! pensions! annuities! ratuities!
usufructs and similar benefits shall be overned by the rules on
ratuitous or onerous ac"uisitions as may be proper in each
case.
Section 3. Con'ual Partnership Property
Art. 116. All property ac"uired durin the marriae!
whether the ac"uisition appears to have been made!
contracted or reistered in the name of one or both
spouses! is presumed to be con'ual unless the contrary
is proved.
Art. 11*. $he followin are con'ual partnership properties.
/10 $hose ac"uired by onerous title durin the marriae at the
e%pense of the common fund! whether the ac"uisition be for the
partnership! or for only one of the spouses1
/-0 $hose obtained from the labor! industry! wor) or profession of
either or both of the spouses1
/30 $he fruits! natural! industrial! or civil! due or received durin
the marriae from the common property! as well as the net fruits
from the e%clusive property of each spouse1
/30 $he share of either spouse in the hidden treasure which the
law awards to the finder or owner of the property where the
treasure is found1
/40 $hose ac"uired throuh occupation such as fishin or
huntin1
/60 9ivestoc) e%istin upon the dissolution of the partnership in
e%cess of the number of each )ind brouht to the marriae by
either spouse1 and
/*0 $hose which are ac"uired by chance! such as winnins from
amblin or bettin. 2owever! losses therefrom shall be borne
e%clusively by the loser,spouse. /143a! 143a! 144! 1490
Section 3. Chares and :bliations of the Absolute
Community
Art. 93. $he ACP shall be liable for.
/10 $he support of the spouses! their common children!
and leitimate children of either spouse1 however! the
support of illeitimate children shall be overned by the
provisions of this Code on Support1
/-0 All debts and obliations contracted durin the
marriae by the desinated administrator,spouse for the
benefit of the community! or by both spouses! or by one
spouse with the consent of the other1
/30 ;ebts and obliations contracted by either spouse
without the consent of the other to the e%tent that the
family may have been benefited1
/30 All ta%es! liens! chares and e%penses! includin ma'or
or minor repairs! upon the community property1
/40 All ta%es and e%penses for mere preservation made
durin marriae upon the separate property of either
spouse used by the family1
/60 7%penses to enable either spouse to commence or
complete a professional or vocational course! or other
activity for self,improvement1
Art. 11#. Property bouht on installments paid partly from
e%clusive funds of either or both spouses and partly from
con'ual funds belons to the buyer or buyers if full ownership
was vested before the marriae and to the con'ual partnership
if such ownership was vested durin the marriae. 5n either
case! any amount advanced by the partnership or by either or
both spouses shall be reimbursed by the owner or owners upon
li"uidation of the partnership. /n0
Art. 119. (henever an amount or credit payable within a period
of time belons to one of the spouses! the sums which may be
collected durin the marriae in partial payments or by
installments on the principal shall be the e%clusive property of
the spouse. 2owever! interests fallin due durin the marriae
on the principal shall belon to the con'ual partnership. /146a!
14*a0
Art. 1-+. $he ownership of improvements! whether for utility or
adornment! made on the separate property of the spouses at the
e%pense of the partnership or throuh the acts or efforts of either
or both spouses shall pertain to the con'ual partnership! or to
the oriinal owner,spouse! sub'ect to the followin rules.
(hen the cost of the improvement made by the con'ual
partnership and any resultin increase in value are more than
the value of the property at the time of the improvement! the
entire property of one of the spouses shall belon to the
con'ual partnership! sub'ect to reimbursement of the value of
the property of the owner,spouse at the time of the
improvement1 otherwise! said property shall be retained in
ownership by the owner,spouse! li)ewise sub'ect to
reimbursement of the cost of the improvement.
5n either case! the ownership of the entire property shall
be vested upon the reimbursement! which shall be made at the
time of the li"uidation of the con'ual partnership. /14#a0
Section 3. Chares Upon and :bliations of
the Con'ual Partnership
Art. 1-1. $he con'ual partnership shall be liable for.
/10 $he support of the spouse! their common children! and
the leitimate children of either spouse1 however! the
support of illeitimate children shall be overned by the
provisions of this Code on Support1
/-0 All debts and obliations contracted durin the
marriae by the desinated administrator,spouse for the
benefit of the con'ual partnership of ains! or by both
spouses or by one of them with the consent of the other1
/30 ;ebts and obliations contracted by either spouse
without the consent of the other to the e%tent that the
family may have benefited1
/30 All ta%es! liens! chares! and e%penses! includin
ma'or or minor repairs upon the con'ual partnership
property1
/40 All ta%es and e%penses for mere preservation made
durin the marriae upon the separate property of either
spouse1
/60 7%penses to enable either spouse to commence or
complete a professional! vocational! or other activity for
self,improvement1
/*0 Ante,nuptial debts of either spouse insofar as they
have redounded to the benefit of the family1
/#0 $he value of what is donated or promised by both
spouses in favor of their common leitimate children for
the e%clusive purpose of commencin or completin a
professional or vocational course or other activity for self,
improvement1
/90 Ante,nuptial debts of either spouse other than those
fallin under pararaph /*0 of this Article! the support of
illeitimate children of either spouse! and liabilities
incurred by either spouse by reason of a crime or a "uasi,
delict! in case of absence or insufficiency of the e%clusive
property of the debtor,spouse! the payment of which shall
be considered as advances to be deducted from the
share of the debtor,spouse upon li"uidation of the
community1 and
/1+0 7%penses of litiation between the spouses unless
the suit is found to be roundless.
5f the community property is insufficient to cover the
foreoin liabilities! e%cept those fallin under pararaph
/90! the spouses shall be solidarily liable for the unpaid
balance with their separate properties.
,,Article 93
/90 Ante,nuptial debts of either spouse other than those
fallin under pararaph /*0 of this Article! the support of
illeitimate children of either spouse! and liabilities
incurred by either spouse by reason of a crime or a "uasi,
delict! in case of absence or insufficiency of the e%clusive
property of the debtor,spouse! the payment of which shall
be considered as advances to be deducted from the
share of the debtor,spouse upon li"uidation of the
community1
Art. 94. (hatever may be lost durin the marriae in any
ame of chance! bettin! sweepsta)es! or any other )ind
of amblin! whether permitted or prohibited by law! shall
be borne by the loser and shall not be chared to the
community but any winnins therefrom shall form part of
the community property.
Section 3. :wnership! Administrative!
7n'oyment and ;isposition of the Community Property
Art. 96. $he administration and en'oyment of the
community property shall belon to both spouses 'ointly.
5n case of disareement! the husband<s decision shall
/*0 Ante,nuptial debts of either spouse insofar as they
have redounded to the benefit of the family1
/#0 $he value of what is donated or promised by both
spouses in favor of their common leitimate children for
the e%clusive purpose of commencin or completin a
professional or vocational course or other activity for self,
improvement1 and
=See Article 1--! pararaph -
/90 7%penses of litiation between the spouses unless the
suit is found to roundless.
5f the con'ual partnership is insufficient to cover the
foreoin liabilities! the spouses shall be solidarily liable
for the unpaid balance with their separate properties.
Art. 1--. $he payment of personal debts contracted by
the husband or the wife before or durin the marriae
shall not be chared to the con'ual properties
partnership e%cept insofar as they redounded to the
benefit of the family.
&either shall the fines and pecuniary indemnities
imposed upon them be chared to the partnership.
2owever! the payment of personal debts contracted by
either spouse before the marriae! that of fines and
indemnities imposed upon them! as well as the support of
illeitimate children of either spouse! may be enforced
aainst the partnership assets after the responsibilities
enumerated in the precedin Article have been covered! if
the spouse who is bound should have no e%clusive
property or if it should be insufficient1 but at the time of the
li"uidation of the partnership! such spouse shall be
chared for what has been paid for the purpose above,
mentioned.
Art. 1-3. (hatever may be lost durin the marriae in any
ame of chance or in bettin! sweepsta)es! or any other
)ind of amblin whether permitted or prohibited by law!
shall be borne by the loser and shall not be chared to the
con'ual partnership but any winnins therefrom shall
form part of the con'ual partnership property.
Section 4. Administration of the Con'ual Partnership
Property
Art. 1-3. $he administration and en'oyment of the
con'ual partnership shall belon to both spouses 'ointly.
prevail! sub'ect to recourse to the court by the wife for
proper remedy! which must be availed of within five years
from the date of the contract implementin such decision.
5n the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the common
properties! the other spouse may assume sole powers of
administration. $hese powers do not include disposition or
encumbrance without authority of the court or the written
consent of the other spouse. 5n the absence of such
authority or consent! the disposition or encumbrance shall
be void. 2owever! the transaction shall be construed as a
continuin offer on the part of the consentin spouse and
the third person! and may be perfected as a bindin
contract upon the acceptance by the other spouse or
authori>ation by the court before the offer is withdrawn by
either or both offerors. /-+6a0
Art. 9*. 7ither spouse may dispose by will of his or her
interest in the community property.
Art. 9#. &either spouse may donate any community
property without the consent of the other. 2owever! either
spouse may! without the consent of the other! ma)e
moderate donations from the community property for
charity or on occasions of family re'oicin or family
distress.
Section 4. ;issolution of Absolute Community 8eime
Art. 99. $he absolute community terminates.
/10 Upon the death of either spouse1
/-0 (hen there is a decree of leal separation1
/30 (hen the marriae is annulled or declared void1 or
/30 5n case of 'udicial separation of property durin the
marriae under Articles 133 to 13#. /1*4a0
Art. 1++. $he separation in fact between husband and
wife shall not affect the reime of absolute community
e%cept that.
/10 $he spouse who leaves the con'ual home or refuses
to live therein! without 'ust cause! shall not have the riht
to be supported1
/-0 (hen the consent of one spouse to any transaction of
the other is re"uired by law! 'udicial authori>ation shall be
obtained in a summary proceedin1
/30 5n the absence of sufficient community property! the
separate property of both spouses shall be solidarily liable
for the support of the family. $he spouse present shall!
upon proper petition in a summary proceedin! be iven
'udicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits
or proceeds thereof to satisfy the latter<s share.
Art. 1+1. 5f a spouse without 'ust cause abandons the
other or fails to comply with his or her obliations to the
family! the arieved spouse may petition the court for
receivership! for 'udicial separation of property or for
authority to be the sole administrator of the absolute
5n case of disareement! the husband<s decision shall
prevail! sub'ect to recourse to the court by the wife for
proper remedy! which must be availed of within five years
from the date of the contract implementin such decision.
5n the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the con'ual
properties! the other spouse may assume sole powers of
administration. $hese powers do not include disposition or
encumbrance without authority of the court or the written
consent of the other spouse. 5n the absence of such
authority or consent! the disposition or encumbrance shall
be void. 2owever! the transaction shall be construed as a
continuin offer on the part of the consentin spouse and
the third person! and may be perfected as a bindin
contract upon the acceptance by the other spouse or
authori>ation by the court before the offer is withdrawn by
either or both offerors. /164a0
Art. 1-4. &either spouse may donate any con'ual
partnership property without the consent of the other.
2owever! either spouse may! without the consent of the
other! ma)e moderate donations from the con'ual
partnership property for charity or on occasions of family
re'oicin or family distress.
Section 6. ;issolution of Con'ual Partnership 8eime
Art. 1-6. $he con'ual partnership terminates.
/10 Upon the death of either spouse1
/-0 (hen there is a decree of leal separation1
/30 (hen the marriae is annulled or declared void1 or
/30 5n case of 'udicial separation of property durin the
marriae under Articles 133 to 13#. /1*4a0
Art. 1-*. $he separation in fact between husband and
wife shall not affect the reime of con'ual partnership!
e%cept that.
/10 $he spouse who leaves the con'ual home or refuses
to live therein! without 'ust cause! shall not have the riht
to be supported1
/-0 (hen the consent of one spouse to any transaction of
the other is re"uired by law! 'udicial authori>ation shall be
obtained in a summary proceedin1
/30 5n the absence of sufficient con'ual partnership
property! the separate property of both spouses shall be
solidarily liable for the support of the family. $he spouse
present shall! upon petition in a summary proceedin! be
iven 'udicial authority to administer or encumber any
specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter<s share.
Art. 1-#. 5f a spouse without 'ust cause abandons the
other or fails to comply with his or her obliation to the
family! the arieved spouse may petition the court for
receivership! for 'udicial separation of property! or for
community! sub'ect to such precautionary conditions as
the court may impose.
$he obliations to the family mentioned in the precedin
pararaph refer to marital! parental or property relations.
A spouse is deemed to have abandoned the other when
her or she has left the con'ual dwellin without intention
of returnin. $he spouse who has left the con'ual
dwellin for a period of three months or has failed within
the same period to ive any information as to his or her
whereabouts shall be prima facie presumed to have no
intention of returnin to the con'ual dwellin.
Section 6. 9i"uidation of the Absolute Community
Assets and 9iabilities
Art. 1+-. Upon dissolution of the absolute community
reime! the followin procedure shall apply.
/10 An inventory shall be prepared! listin separately all
the properties of the absolute community and the
e%clusive properties of each spouse.
/-0 $he debts and obliations of the absolute community
shall be paid out of its assets. 5n case of insufficiency of
said assets! the spouses shall be solidarily liable for the
unpaid balance with their separate properties in
accordance with the provisions of the second pararaph
of Article 93.
/30 (hatever remains of the e%clusive properties of the
spouses shall thereafter be delivered to each of them.
/30 $he net remainder of the properties of the absolute
community shall constitute its net assets! which shall be
divided e"ually between husband and wife! unless a
different proportion or division was areed upon in the
marriae settlements! or unless there has been a
voluntary waiver of such share provided in this Code.
?or purpose of computin the net profits sub'ect to
forfeiture in accordance with Articles 33! &o. /-0 and 63!
&o. /-0! the said profits shall be the increase in value
between the mar)et value of the community property at
authority to be the sole administrator of the con'ual
partnership property! sub'ect to such precautionary
conditions as the court may impose.
$he obliations to the family mentioned in the precedin
pararaph refer to marital! parental or property relations.
A spouse is deemed to have abandoned the other when
he or she has left the con'ual dwellin without intention
of returnin. $he spouse who has left the con'ual
dwellin for a period of three months or has failed within
the same period to ive any information as to his or her
whereabouts shall be prima facie presumed to have no
intention of returnin to the con'ual dwellin.
Section *. 9i"uidation of the Con'ual Partnership Assets
and 9iabilities
Art. 1-9. Upon the dissolution of the con'ual partnership
reime! the followin procedure shall apply.
/10 An inventory shall be prepared! listin separately all
the properties of the con'ual partnership and the
e%clusive properties of each spouse.
/-0 Amounts advanced by the con'ual partnership in
payment of personal debts and obliations of either
spouse shall be credited to the con'ual partnership as an
asset thereof.
/30 7ach spouse shall be reimbursed for the use of his or
her e%clusive funds in the ac"uisition of property or for the
value of his or her e%clusive property! the ownership of
which has been vested by law in the con'ual partnership.
/30 $he debts and obliations of the con'ual partnership
shall be paid out of the con'ual assets. 5n case of
insufficiency of said assets! the spouses shall be solidarily
liable for the unpaid balance with their separate
properties! in accordance with the provisions of pararaph
/-0 of Article 1-1.
/40 (hatever remains of the e%clusive properties of the
spouses shall thereafter be delivered to each of them.
/60 Unless the owner had been indemnified from whatever
source! the loss or deterioration of movables used for the
benefit of the family! belonin to either spouse! even due
to fortuitous event! shall be paid to said spouse from the
con'ual funds! if any.
/*0 $he net remainder of the con'ual partnership
properties shall constitute the profits! which shall be
divided e"ually between husband and wife! unless a
different proportion or division was areed upon in the
marriae settlements or unless there has been a
voluntary waiver or forfeiture of such share as provided in
this Code.
the time of the celebration of the marriae and the mar)et
value at the time of its dissolution.
/40 $he presumptive leitimes of the common children
shall be delivered upon partition! in accordance with
Article 41.
/60 Unless otherwise areed upon by the parties! in the
partition of the properties! the con'ual dwellin and the
lot on which it is situated shall be ad'udicated to the
spouse with whom the ma'ority of the common children
choose to remain. Children below the ae of seven years
are deemed to have chosen the mother! unless the court
has decided otherwise. 5n case there in no such ma'ority!
the court shall decide! ta)in into consideration the best
interests of said children. /n0
Art. 1+3. Upon the termination of the marriae by death!
the community property shall be li"uidated in the same
proceedin for the settlement of the estate of the
deceased.
5f no 'udicial settlement proceedin is instituted! the
survivin spouse shall li"uidate the community property
either 'udicially or e%tra,'udicially within one year from the
death of the deceased spouse. 5f upon the lapse of such
period! no li"uidation is made! any disposition or
encumbrance involvin the community property of the
terminated marriae shall be void.
Should the survivin spouse contract a subse"uent
marriae without compliance with the foreoin
re"uirements! a mandatory reime of complete separation
of property shall overn the property relations of the
subse"uent marriae.
Art. 1+3. (henever the li"uidation of the community
properties of two or more marriaes contracted by the
same person before the effectivity of this Code is carried
out simultaneously! the respective capital! fruits and
income of each community shall be determined upon
such proof as may be considered accordin to the rules of
evidence. 5n case of doubt as to which community the
e%istin properties belon! the same shall be divided
between the different communities in proportion to the
capital and duration of each.
/#0 $he presumptive leitimes of the common children
shall be delivered upon the partition in accordance with
Article 41.
/90 5n the partition of the properties! the con'ual dwellin
and the lot on which it is situated shall! unless otherwise
areed upon by the parties! be ad'udicated to the spouse
with whom the ma'ority of the common children choose to
remain. Children below the ae of seven years are
deemed to have chosen the mother! unless the court has
decided otherwise. 5n case there is no such ma'ority! the
court shall decide! ta)in into consideration the best
interests of said children.
Art. 13+. Upon the termination of the marriae by death!
the con'ual partnership property shall be li"uidated in the
same proceedin for the settlement of the estate of the
deceased.
5f no 'udicial settlement proceedin is instituted! the
survivin spouse shall li"uidate the con'ual partnership
property either 'udicially or e%tra,'udicially within one year
from the death of the deceased spouse. 5f upon the lapse
of such period! no li"uidation is made! any disposition or
encumbrance involvin the con'ual partnership property
of the terminated marriae shall be void.
Should the survivin spouse contract a subse"uent
marriae without compliance with the foreoin
re"uirements! a mandatory reime of complete separation
of property shall overn the property relations of the
subse"uent marriae.
Art. 131. (henever the li"uidation of the con'ual
partnership properties of two or more marriaes
contracted by the same person before the effectivity of
this Code is carried out simultaneously! the respective
capital! fruits and income of each partnership shall be
determined upon such proof as may be considered
accordin to the rules of evidence. 5n case of doubt as to
which partnership the e%istin properties belon! the
same shall be divided between the different partnerships
in proportion to the capital and duration of each./1#9a0
Art. 13-. $he 8ules of Court on the administration of
estates of deceased persons shall be observed in the
appraisal and sale of property of the con'ual partnership!
and other matters which are not e%pressly determined in
this Chapter. /1#*a0
Art. 133. ?rom the common mass of property support
shall be iven to the survivin spouse and to the children
durin the li"uidation of the inventoried property and until
what belons to them is delivered1 but from this shall be
deducted that amount received for support which e%ceeds
the fruits or rents pertainin to them.