ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP OF COMPLETE SEPARATION OF

PROPERTY GAINS PROPERTY

The spouses are considered co- Special type of partnership, where In case of voluntary separation of
owners of all property brought the husband and wife place in property, however, same is not
into the marriage, as well as common fund the proceeds, perfected by mere consent but
CONCEPT those acquired during the products, fruits and income from upon the decree of the court
marriage which is not otherwise the separate properties and those approving the same. Without
excluded from the community acquired by either or both judicial approval, the contract or
either by provisions of the Family spouses through their efforts or agreement for separation of
Code or by the marriage by chance. property is void.
settlement. It is a special form of
co-ownership.
If the marriage is celebrated under If the marriage is celebrated under a) By express declaration in
the Civil Code, ACP shall govern the Civil Code, CPG shall govern if the marriage settlement
if it was provided from the a) it was provided for in the b) By judicial order: a) finality
marriage settlement between marriage settlement between the of a decree of legal
WHEN GOVERNING future spouses. future spouse; or b) if there was no separation; b) petition of the
If the marriage is celebrated marriage settlement at the time spouses for voluntary
during the effectivity of Family of celebration of marriage, or if separation; upon petition
Code, ACP shall govern if it a) if it the marriage settlement is void. for judicial separation due
was provided in the marriage If the marriage is celebrated during to a sufficient cause.
settlement between the future the effectivity of the Family Code,
spouses or b) if there was no CPG shall govern if it was provided
marriage settlement at the time if it was provided in the marriage
of the celebration of marriage or settlement between the future
if the marriage settlement is spouses.
void.
Can commence at the precise moment that the marriage is After the dissolution of the absolute
celebrated. Any stipulation, express or implied, for the community or of the conjugal
COMMENCEMENT commencement of this regime at any other time shall be void. partnership, the provisions on
Hence, the spouses who reconcile after the finality of the decree of legal complete separation shall apply.
separation may not adopt conjugal partnership of gains/absolute The final judgment of the
community of property as their new regime notwithstanding Sections 13 separation shall be recorded in the
and 24 of the Rule on Legal Separation. proper local civil registries and
registries of property.
 No waiver of rights, interests, shares and effects of the absolute
PROHIBITED community of property/conjugal partnership of gains during the marriage.
WAIVER EXCEPTIONS: when the waiver takes place upon a judicial separation
of property
All the property owned by the a) Properties acquired by Each spouse shall own his/her
spouses at the time of the onerous title during the earnings and the fruits of his or
celebration of the marriage or marriage at the expense of her separate property.
PROPERTIES INCLUDED acquired during the marriage common fund;
unless excluded in the b) Property obtained during the
marriage settlement or under marriage from the labor,
Article 92 of the Family Code. industry, work or
profession of either or both
spouses;
c) Fruits from conjugal
properties and “net fruits”
from separate properties.
(net fruits refer to the
remainder of the fruits often
deducing the amount
necessary to cover the
expense of administration of
said exclusive property;
d) Share in the hidden
treasure and those acquired
thru fishing or hunting;
e) Those acquired thru
chance, such as winnings
from gambling or betting.
However, losses shall be
borne exclusively by the
loser spouse.
f) Livestock existing at the
time of the dissolution of the
partnership, in excess of the
number of each kind brought
in the marriage.
 a) Those acquired from the a) Properties acquired prior to
absolute community in the the marriage, except 1)
marriage settlement; fruits and income of said
b) Acquired during the properties, which shall be
marriage by gratuitous title included in the conjugal
by either spouse, including partnership; 2) those
fruits and income thereof included therein in the
unless it is expressly marriage settlement,
provided by the grantor that subject to the 1/5 limitation
PROPERTIES EXCLUDED they shall form part of the under Article 84 and the
community property rule in 92 (3) of the Family
c) Those acquired before the Code which apply by
marriage by either spouse analogy;
who has legitimate b) Properties acquired during
descendants by a former the marriage by gratuitous
marriage, including the title;
fruits and income thereof; c) Properties acquired by right
d) Those for personal and of redemption, by barter or
exclusive use of either by exchange with property
spouse except jewelry belonging to only one of the
spouses;
d) Properties purchased with
exclusive money.
 a) Support of: spouses, common children; legitimate children The liability of the spouses to
of either spouse but support of illegitimate children of creditors shall, however, be
either spouse is chargeable to exclusive property of the solidary liable with their separate
illegitimate parent; properties.
b) Debts and Obligations: The mutual obligation of the
1) antenuptial debts (commenced before the marriage) by spouses to support each other
either spouse are chargeable to ACP/CPG any if they have continues except when there is
redounded to the benefit of the family; legal separation between them.
CHARGEABLE OBLIGATIONS 2) for those contracted during the marriage: if contracted by
both spouse; if contracted by one spouse with the consent
of the other; if contracted by one spouse without the
consent of the other but only to the extent that they have
redounded to the benefit of the family; if contracted by the
administrator spouse for the benefit of the family;
c) taxes and expenses
1) taxes falling upon ACP/CPG
2) taxes falling upon the separate property, if used by
the family.
3) Expenses incurred on ACP/CPG, whether the repair is
major or minor
4) Expenses incurred on separate property if incurred
during the marriage; for mere preservation; and
property is used by the family
Administration of the ACP/CPG belongs to both spouses jointly. Each spouse shall thereafter
Sole administration when allowed: have exclusive management,
a) If one spouse is incapacitated or otherwise unable to ownership, and disposition of all
participate in the administration of conjugal properties, the his earnings and the fruits of his
ADMINISTRATION other may assume sole power of administration, without need or her separate property
of court approval or authorization;
b) If a spouse without just cause abandons the other or fails
to comply with his/her obligation to the family, the
aggrieved spouse may petition the court for sole administration;
c) During the pendency of a legal separation case, the court
may designate either of the spouses as sole administration