3. What are the different kinds of property regimes in the Philippines?

There are three kinds of property regimes which are recognized by the laws of the Philippines:

1. Regime of Absolute Community of Property

2. Regime of Conjugal Partnership of Gains
3. Regime of Complete Separation of Properties

4. Explain the Regime of Absolute Community of Property.

In the Regime of Absolute Community of Property, the husband and the wife become co-owners of all the properties that
they bring into the marriage and those acquired by either or both of them during the course of their marriage, save for
some exceptions. (Article 90 of the Family Code of the Philippines)

The administration and enjoyment of the community property shall belong to both the spouses jointly. (Article 96 of
the Family Code)

Neither spouse may donate any community property without the consent of the other. (Article 98 of the Family Code)

The Regime of the Absolute Community of Property is the default property regime that would govern the property
relations of a couple who had not executed a marriage settlement prior to their marriage.

5. Explain the Regime of Conjugal Partnership.

In Regime of Conjugal Partnership of Gains, the husband and the wife retain ownership over their respective properties.
The Parties place in a common fund the proceeds, products, fruits and income from their separate properties and those
acquired by either or both spouses through their efforts or by chance. Upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless
otherwise stated in the marriage settlements. (Article 106 of the Family Code of the Philippines)

The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. (Article 124 of the
Family Code of the Philippines)

Neither spouse may donate any conjugal partnership property without the consent of the other. (Article 125 of the
Family Code of the Philippines)

6. Explain the Regime of Complete Separation of Properties.

In the Regime of Complete Separation of Properties, each spouse shall own, dispose of, possess, administer and enjoy
his or her own separate estate, without need of the consent of the other. To each spouse shall belong all the earnings
from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the
marriage from his or her separate property. (Article 145 of the Family Code of the Philippines)

The Parties are free to manage their respective properties without interference from the other spouse. Likewise, the
Parties are also free to donate without interference of the other.

Article 147 of the Family Code applies when a man and woman can get legally
married but for one reason or another, have not done so
Article 147 applies to unions of parties who are legally capacitated and not barred by any impediment to contract
marriage, but whose marriage is nonetheless void. Article 147 creates a co-ownership with respect to the properties
they acquire during their cohabitation. Even if one of the parties did not work or contribute in the acquisition of
property, the care and maintenance of the family household is considered as a contribution.

The Supreme Court held in Valdes vs. Regional Trial Court, Br. 102, Quezon City:

This peculiar kind of co-ownership applies when a man and a woman, suffering no legal
impediment to marry each other, so exclusively live together as husband and wife
under a void marriage or without the benefit of marriage. The term capacitated in the
provision (in the first paragraph of the law) refers to the legal capacity of a party to contract
marriage, i.e., any male or female of the age of eighteen years or upwards not under any of
the impediments mentioned in Article 37 and 38 of the Code. (Emphasis by boldfacing
supplied)

Under this property regime, property acquired by both spouses through their work and industry
shall be governed by the rules on equal co-ownership. Any property acquired during the union
is prima facie presumed to have been obtained through their joint efforts. A party who did not
participate in the acquisition of the property shall still be considered as having contributed
thereto jointly if said partys efforts consisted in the care and maintenance of the family
household.