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LAW 100: PERSONS AND FAMILY RELATIONS

ACP & CPG COMPARISON TABLE


Block D 2020

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 celebration of their (1) Proceeds, products, fruits and income of their
the ACP/CPG marriage separate property
(2) Acquired thereafter [Art. 91] (2) Acquired through their efforts
(3) Winnings from any game of chance [Art. 95] (3) Acquired through chance [Art. 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 gratuitous title (1) Brought as exclusive property
Property and fruits and income thereof (2) Acquired by gratuitous title during the marriage
(2) For personal and exclusive use, except jewelry (3) Acquired by right of redemption, barter or
(3) Acquired before the marriage by either spouse exchange [Art. 109]
with legitimate descendants by a former (4) Purchased with exclusive money
marriage [Art. 92] (5) Bought on installment, paid partly with conjugal
(4) Provided in the marriage settlement [Art. 91] funds and partly with exclusive 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 a previous f. Legitimate children from a previous
marriage marriage
(2) Debts and obligations contracted during the (2) Debts and obligations contracted during the
marriage by either spouse with the consent of marriage by either spouse with the consent of
the other, the other,
(3) Debts and obligations of either spouse to the (3) Debts and obligations of either to the extent
extent that the family benefited, even without that the family benefited, even without consent
consent (4) All taxes, liens, charges, and expenses,
(4) All taxes, liens, charges, and expenses, including repairs, upon the conjugal property;
including repairs, upon the community (5) All taxes and expenses for mere preservation
property; made during the marriage upon separate
(5) All taxes and expenses for mere preservation property
made during the marriage upon separate (6) Expenses of either spouse for a
property used by the family, professional/vocational course or self-
(6) Expenses of either spouse for a improvement
professional/vocational course or self- (7) Ante-nuptial debts insofar as they benefit the
improvement family
(7) Ante-nuptial debts insofar as they benefit the (8) The value of donations by both spouses in
family favor of their common legitimate children for a
(8) The value of donations by both spouses in professional/ vocational course or self-
favor of their common legitimate children for a improvement
professional/ vocational course or self- (9) Expenses of litigation between the spouses
improvement unless the suit is found to groundless.
(9) Advances
(10) Expenses of litigation between 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:
1. Personal debts that do not benefit the family
2. Support of illegitimate children
3. Liabilities incurred from a crime or quasi-delict
4. 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:
a. Moderate donations for charity
b. 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: procedure shall apply:
(1) An inventory shall be prepared (1) An inventory shall be prepared
(2) The debts and obligations of the ACP (2) Amounts advanced by the CPG in payment of
shall be paid out of its assets. In case of personal debts and obligations of either spouse
insufficiency, the spouses shall be shall be credited to the CPG as an asset thereof.
solidarily liable with their separate (3) Each spouse shall be reimbursed for the use of his
properties in accordance with Art. 94 (2). or her exclusive funds by the CPG or for the value
(3) Remaining exclusive properties of the of his or her exclusive property, the ownership of
spouses shall thereafter be delivered to which has been vested by law in the conjugal
each of them. partnership.
(4) The net remainder of the properties of the (4) The debts and obligations of the CPG shall be paid
ACP shall constitute its net assets, which out of its assets. In case of insufficiency, the
shall be divided equally between husband spouses shall be solidarily liable with their separate
and wife, unless a different proportion or properties, in accordance with Art. 121 (2)
division was agreed upon in the marriage (5) Remaining exclusive properties of the spouses shall
settlements, or unless there has been a thereafter be delivered to each of them.
voluntary waiver of such share provided (6) Unless the owner had been indemnified from
in this Code. For purpose of computing whatever source, the loss or deterioration of
the net profits subject to forfeiture in movables used for the benefit of the family,
accordance with Art. 43 (2) and 63 (2), belonging to either spouse, even due to fortuitous
the said profits shall be the increase in event, shall be paid to said spouse from the
value between the market value of the conjugal funds, if any.
community property at the time of the (7) The net remainder of the CPG properties shall
celebration of the marriage and the constitute the profits, which shall be divided equally
market value at the time of its dissolution. between husband and wife, unless a different
(5) The presumptive legitimes of the common division was agreed upon in the marriage
children shall be delivered upon partition, settlements or unless there has been a voluntary
in accordance with Article 51. waiver or forfeiture of such share as provided in this
(6) In the partition of the properties, the Code.
conjugal dwelling and the lot on which it is (8) The presumptive legitimes of the common children
situated shall, unless otherwise agreed shall be delivered upon the partition in accordance
upon by the parties, be adjudicated to the with Article 51.
spouse with whom the majority of the (9) In the partition of the properties, the conjugal
common children choose to remain. In dwelling and the lot on which it is situated shall,
case there is no such majority, the court unless otherwise agreed upon by the parties, be
shall decide 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.