LAW 100: PERSONS AND FAMILY RELATIONS

ACP & CPG COMPARISON TABLE

ABSOLUTE COMMUNITY OF PROPERTY CONJUGAL PARTNERSHIP OF GAINS

Family Code Title IV Chapter 3 Family Code Title IV Chapter 4

General Default property regime for marriages celebrated Default property regime for marriages celebrated
Provisions after the Family Code took effect [Art. 75] before the Family Code took effect

Shall commence at the precise moment of the Shall commence at the precise moment of the
celebration of the marriage [Art. 88] celebration of the marriage [Art. 107]

No waiver of rights, interests, shares and effects of No waiver of rights interests, shares and effects of
the ACP during the marriage can be made except the CPG during the marriage can be made except
in judicial separation of property [Art. 89] in judicial separation of property [Art. 107]

The provisions on co-ownership shall apply to the The CPG shall be governed by the rules on the
ACP between the spouses in all matters not contract of partnership in all that is not in conflict
provided for in this Chapter [Art. 90] with this Chapter or the marriage settlement [Art.
108]

What Constitutes (1) Owned at the time of the (1) Proceeds, products, fruits and
the ACP/CPG celebration of their marriage income of their separate property
(2) Acquired thereafter [Art. 91] (2) Acquired through their efforts
(3) Winnings from any game of (3) Acquired through chance [Art.
chance [Art. 95] 106]
(4) Acquired through onerous title
during the marriage at the expense of the
common fund [Art. 117]

Exclusive (1) Acquired during the marriage by (1) Brought as exclusive property
Property gratuitous title and fruits and income thereof (2) Acquired by gratuitous title during
(2) For personal and exclusive use, the marriage
except jewelry (3) Acquired by right of redemption,
(3) Acquired before the marriage by barter or exchange [Art. 109]
either spouse with legitimate descendants by a (4) Purchased with exclusive money
former marriage [Art. 92] (5) Bought on installment, paid partly
(4) Provided in the marriage with conjugal funds and partly with exclusive
settlement [Art. 91] funds, if full ownership was vested before the
marriage [Art. 118]

Charges Upon [Art. 94] The ACP shall be liable for: [Art. 121] The CPG shall be liable for:
and Obligations (1) Support of: (1) Support of:
of the ACP/CPG a. The spouses d. The spouses
b. Their common children e. Their common children
c. Legitimate children from f. Legitimate children from
a previous marriage a previous marriage
(2) Debts and obligations contracted (2) Debts and obligations contracted
during the marriage by either spouse with the during the marriage by either spouse with the
consent of the other, consent of the other,
(3) Debts and obligations of either (3) Debts and obligations of either to
spouse to the extent that the family benefited, the extent that the family benefited, even
even without consent without consent
(4) All taxes, liens, charges, and (4) All taxes, liens, charges, and
expenses, including repairs, upon the expenses, including repairs, upon the conjugal
community property; property;
(5) All taxes and expenses for mere (5) All taxes and expenses for mere
preservation made during the marriage upon preservation made during the marriage upon
separate property used by the family, separate property
(6) Expenses of either spouse for a (6) Expenses of either spouse for a
 professional/vocational course or self- professional/vocational course or self-
improvement improvement
(7) Ante-nuptial debts insofar as they (7) Ante-nuptial debts insofar as they
benefit the family benefit the family
(8) The value of donations by both (8) The value of donations by both
spouses in favor of their common legitimate spouses in favor of their common legitimate
children for a professional/ vocational course children for a professional/ vocational course or
or self-improvement self-improvement
(9) Advances (9) Expenses of litigation between the
(10) Expenses of litigation between spouses unless the suit is found to groundless.
the spouses unless the suit is found to
groundless.

[Art. 94 last par. / Art. 122] If the community/conjugal property is insufficient, the spouses are solidarily
liable to pay from their separate properties, except for the ff. which the spouse who is bound must first pay
from his/her exclusive properties:
Personal debts that do not benefit the family
Support of illegitimate children
Liabilities incurred from a crime or quasi-delict
Gambling losses (shall not be charged to the ACP/CPG) [Art. 95 / 123]

Administration [Art. 96 / 124] The administration and enjoyment of the ACP/CPG shall belong to the spouses jointly. In a
disagreement, the husbands decision shall prevail, subject to recourse to the court by the wife within 5
years.

If one spouse is incapacitated, the other may assume sole powers of administration. However, any
disposition/encumbrance without the written consent of the other spouse or the authority of the court shall
be void.

[Art. 98 / 125] Neither spouse may donate any community/conjugal property without the others consent,
except:
Moderate donations for charity
On occasions of family rejoicing or family distress

Dissolution [Art. 99 / 126] The ACP/CPG terminates:

(1) Upon the death of either spouse;
(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.

Separation in [Art. 100 / 127] The separation in fact between husband and wife shall not affect the property regime,
Fact except that:
(1) The spouse who leaves without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community/conjugal property, the separate property of both
spouses shall be solidarily liable. 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 and use the fruits or proceeds thereof to satisfy the latter's share.

Abandonment [Art. 101 / 128] If a spouse without just cause abandons the other or fails to comply with his or her (marital,
parental or property) 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 absolute community,
subject to such precautionary conditions as the court may impose.

A spouse is deemed to have abandoned the other when he/she has left the conjugal dwelling without
intention of returning. The spouse who has left for a period of 3 months or has failed within the same period
to give any information as to his/her whereabouts shall be prima facie presumed to have no intention of
returning.

Liquidation [Art. 102] Upon dissolution of the ACP, the [Art. 129] Upon dissolution of the CPG, the following
 following procedure shall apply:
(1) An inventory shall be
prepared
(2) The debts and obligations of
the ACP shall be paid out of its assets. In
case of insufficiency, the spouses shall be
solidarily liable with their separate
properties in accordance with Art. 94 (2).
(3) Remaining exclusive
properties of the spouses shall thereafter
be delivered to each of them.
(4) The net remainder of the
properties of the ACP shall constitute its
net assets, which shall be divided equally
between husband and wife, 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. For
purpose of computing the net profits
subject to forfeiture in accordance with
Art. 43 (2) and 63 (2), the said profits
shall be the increase in value between the
market value of the community property
at the time of the celebration of the
marriage and the market value at the time
of its dissolution.
(5) The presumptive legitimes of
the common children shall be delivered
upon partition, in accordance with Article
51.
(6) In the partition of the
properties, the conjugal dwelling and the
lot on which it is situated shall, unless
otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the
majority of the common children choose to
remain. In case there is no such majority,
the court shall decide
procedure shall apply:
(1) An inventory shall be prepared
(2) Amounts advanced by the CPG in
payment of personal debts and obligations of either
spouse shall be credited to the CPG as an asset
thereof.
(3) Each spouse shall be reimbursed for
the use of his or her exclusive funds by the CPG or
for the value of his or her exclusive property, the
ownership of which has been vested by law in the
conjugal partnership.
(4) The debts and obligations of the CPG
shall be paid out of its assets. In case of
insufficiency, the spouses shall be solidarily liable
with their separate properties, in accordance with
Art. 121 (2)
(5) Remaining exclusive properties of the
spouses shall thereafter be delivered to each of
them.
(6) Unless the owner had been
indemnified from whatever source, the loss or
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.
(7) The net remainder of the CPG
properties shall constitute the profits, which shall be
divided equally between husband and wife, unless
a different division was agreed upon in the marriage
settlements or unless there has been a voluntary
waiver or forfeiture of such share as provided in this
Code.
(8) The presumptive legitimes of the
common children shall be delivered upon the
partition in accordance with Article 51.
(9) In the partition of the properties, the
conjugal dwelling and the lot on which it is situated
shall, unless otherwise agreed upon by the parties,
be adjudicated to the spouse with whom the
majority of the common children choose to remain.
In case there is no such majority, the court shall
decide.

Termination of [Art. 103 / 131] Upon the termination of the marriage by death, the ACP/CPG shall be liquidated in the
the Marriage by same proceeding for the settlement of the estate of the deceased.
Death
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the ACP/CPG judicially
or extrajudicially within six months from the death of the deceased spouse. If upon the lapse of the six
month 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 without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall govern the property relations of
the subsequent marriage.