SYSTEM OF ABSOLUTE CONJUGAL SEPARATION OF SEPARATION OF PROPERTY REGIME OF

COMMUNITY PARTNERSHIP OF GAINS PROPERTY DURING PROPERTY OF THE UNION WITHOUT

(ACP) (CPG) MARRIAGE (SPDM) SPOUSES (SP) MARRIAGE (UW/oM)
Properties that constitute the specific property regime
1. All the property owned 1. Those acquired by Properties that constitute 1. Present property 1. Wages and salaries of
by the spouses at the onerous title during the either from Absolute 2. Future property either the man and the
time of the celebration marriage at the expense Community or Conjugal 3. Both woman
of marriage. of the common fund, Partnership of Gains 2. Property acquired
2. All property acquired whether the acquisition It may be: through the work or
by the spouses during be for the partnership, 1. Total industry of either or
the marriage. or for only of the 2. Partial (the property both
spouses; not agreed upon as
2. Those obtained from separate shall
the labor, industry, work pertain to the
or profession of either absolute community)
or both of the spouses;
3. The fruits, natural
industrial, or civil, due or
received during the
marriage from the
common property, as
well as the net fruits
from the exclusive
property of each
spouse;
4. The share of either
spouse in the hidden
treasure which the law
awards to the finder or
owner of the property
where the treasure is
found;
5. Those acquired through
occupation such as
fishing or hunting;
6. Livestock existing upon
the dissolution of the
 partnership in excess
of the number of each
kind brought to the
marriage by either
spouse; and
7. Those, which are
acquired by chance,
such as winnings from
gambling or betting.
However, losses
therefrom shall be
borne exclusively by the
loser-spouse.

Charges Upon and Obligations

(ACP) (CPG) (SPDM) (SP) (UW/oM)
1. The support of the 1. The support of the Ratio-based
spouses, their common spouses, their common  Family expenses in
children, and legitimate children, and legitimate proportion to
children of either children of either income of the
spouse; however, the spouse; however, the spouses
support of illegitimate support of illegitimate  In case of
children shall be children shall be insufficiency or
governed by the governed by the default thereof, to
provisions of this Code provisions of this Code the current market
on Support; on Support; value
2. All debts and 2. All debts and obligations
obligations contracted contracted during the Note: the liability of the
during the marriage by marriage by the spouses to creditors for
the designated designated family expenses shall,
administrator-spouse administrator-spouse for however, be solidary.
for the benefit of the the benefit of the
community, or by both conjugal partnership of
spouses, or by one gains, or by both
spouse with the spouses, or by one
consent of the other; spouse with the consent
of the other;
3. Debts and obligations 3. Debts and obligations
contracted by either contracted by either
spouse without the spouse without the
consent of the other to consent of the other to
the extent that the the extent that the
family may have been family may have been
benefited; benefited;
4. All taxes, liens, 4. All taxes, liens, charges
charges and expenses, and expenses, including
including major or major or minor repairs,
minor repairs, upon the upon the Conjugal
community property; partnership property;
5. All taxes and expenses 5. All taxes and expenses
for mere preservation for mere preservation
made during marriage made during the
upon the separate marriage upon the
property of either separate property of
spouse used by the either spouse;
family; 6. Expenses to enable
6. Expenses to enable either spouse to
either spouse to commence or complete
commence or complete a professional or
a professional or vocational course, or
vocational course, or other activity for self-
other activity for self- improvement;
improvement; 7. Antenuptial debts of
7. Antenuptial debts of either spouse insofar as
either spouse insofar they have redounded to
as they have the benefit of the family;
redounded to the 8. The value of what is
benefit of the family; donated or promised by
8. The value of what is both spouses in favor of
donated or promised their common legitimate
by both spouses in children for the
favor of their common exclusive purpose of
legitimate children for commencing or
the exclusive purpose completing a
 of commencing or professional or
completing a vocational course or
professional or other activity for self-
vocational course or improvement;
other activity for self- 9. Expenses of litigation
improvement; between the spouses
9. Antenuptial debts of unless the suit is found
either spouse other to be groundless
than those falling under 10. If the conjugal
paragraph (7) of this partnership is
Article, the support of insufficient to cover the
illegitimate children of foregoing liabilities, the
either spouse, and spouses shall be
liabilities incurred by solidarily liable for the
either spouse by unpaid balance with
reason of a crime or a their separate
quasi-delict, in case of properties.
absence or
insufficiency of the
exclusive 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
liquidation of the
community; and
10. Expenses of litigation
between the spouses
unless the suit is found
to be groundless.
11. If the community
property is insufficient
to cover the foregoing
liabilities, except those
 falling under paragraph
(9), the spouses shall
be solidarily liable for
the unpaid balance
with their separate
properties.
(ACP)
General Rule: Joint
administration and
enjoyment by both the
husband and wife.
Exception: in case of
disagreement, the
husband’s decision will
prevail, subject to
recourse to the court by
the wife for the proper
remedy. (Prescription: 5
years from the date of
implementation of the
husband’s decision)
If one spouse is
incapacitated or otherwise
unable to participate:
Administration:
- Other spouse may
assume sole powers of
administration
Disposition and
Encumbrance:
- Spouse needs
authority of the court or
written consent of the
other spouse. (without
Ownership, Administration, Enjoyment, Disposition of Property
(CPG) (SPDM) (SP) (UW/oM)
General Rule: Joint Each spouse shall: Art. 147
administration and  own, dispose of, Properties owned by
enjoyment by both the possess, equal shares:
husband and wife. administer and  Properties acquired
enjoy his or her while living together
Exception: in case of own separate shall be presumed to
disagreement, the estate, without have been obtained
husband’s decision will need of the consent by joint efforts.
prevail, subject to recourse of the other.
to the court by the wife for Disposition and
the proper remedy. To each spouse shall Encumbrance:
(Prescription: 5 years from belong all earnings from:  Neither party can
the date of implementation  his/her profession; encumber or dispose
of the husband’s decision)  business or; by acts inter vivos of
industry his or her share in the
If one spouse is  and all fruits, property acquired
incapacitated or otherwise natural, industrial or during cohabitation
unable to participate: civil, due or and owned in
Administration: received during the common, without the
- Other spouse may marriage from his consent of the other,
assume sole powers or her separate until after the
of administration property. termination of their
Disposition and cohabitation.
Encumbrance:
- Spouse needs Art. 148
authority of the court Ownership in proportion to
or written consent of the respective
the other spouse. contributions. If none,
(without authority or presumed to be equal
 authority or consent, consent, disposition or
disposition or encumbrance shall be
encumbrance shall be void)
void) Note: Transaction may be
Note: Transaction may be perfected as a binding
perfected as a binding contract upon acceptance by
contract upon acceptance by the other spouse or
the other spouse or authorization by the court
authorization by the court before the offer is withdrawn
before the offer is withdrawn by either or both offerors.
by either or both offerors.
How Property Regime may be dissolved
(ACP) (CPG) (SPDM) (SP) (UW/oM)
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 Articles 134 to 138.
Commencement of Property Regime
(ACP) (CPG) (SPDM) (SP) (UW/oM)
Shall commence at the precise moment the  Through judicial order 1. For express Shall commence when a
marriage is celebrated (in the absence of an declaration: man and a woman who
express declaration in  at the time of are capacitated to marry
the marriage marriage each other, live
settlements) Note: where future spouses exclusively with each
agree in the marriage other as husband and wife
 May be voluntary or for settlements that their without the benefit of
sufficient cause. property relations during marriage or under a void
marriage shall be governed marriage.
by regime of separation of
property.

2. For conversion to
Separation of Property:
 after dissolution of
Absolute Community
Property/Conjugal
Partnership of Gains
by judicial order.

(ACP)
1. An inventory shall be 1.
prepared, listing
separately all the
properties of the
absolute community
and the exclusive
properties of each
spouse.
2. The debts and 2.
obligations of the
absolute community
shall be paid out of its
assets. In case of
insufficiency of said
assets, the spouses
shall be solidarily liable
for the unpaid balance 3.
with their separate
properties in
accordance with the
provisions of the
second paragraph of
Article 94.
3. Whatever remains of
the exclusive properties
of the spouses shall
thereafter be delivered
to each of them. 4.
4. The net remainder of
the properties of the
absolute community
shall constitute its net
assets, which shall be
divided equally between
husband and wife,
Liquidation Procedure Upon dissolution of the property regime
(CPG) (SPDM) (SP) (UW/oM)
An inventory shall be No liquidation required No liquidation required No liquidation required
prepared, listing because the properties because the properties because no property
separately all the declared to be exclusive declared to be exclusive regime governs.
properties of the and separate. and separate.
conjugal partnership
and the exclusive
properties of each
spouse.
Amounts advanced by
the conjugal partnership
in payment of personal
debts and obligations of
either spouse shall be
credited to the conjugal
partnership as an asset
thereof.
Each spouse shall be
reimbursed for the use
of his or her exclusive
funds in the acquisition
of property or for the
value of his or her
exclusive property, the
ownership of which has
been vested by law in
the conjugal
partnership.
The debts and
obligations of the
conjugal partnership
shall be paid out of the
conjugal assets. In case
of insufficiency of said
assets, the spouses
shall be solidarily liable
 unless a different for the unpaid balance
proportion or division with their separate
was agreed upon in the properties, in
marriage settlements, accordance with the
or unless there has provisions of paragraph
been a voluntary waiver (2) of Article 121.
of such net profits 5. Whatever remains of
subject to forfeiture in the exclusive properties
accordance with of the spouses shall
Articles 43 No. 2 and 63 thereafter be delivered
No. 2, the said profits to each of them.
shall be the increase in 6. Unless the owner had
value between the been indemnified from
market value of the whatever source, the
community property at loss or deterioration of
the time of the movables used for the
celebration of marriage benefit of the family,
and the market values belonging to either
at the time of its spouse, even due to
dissolution. fortuitous event, shall be
5. The presumptive paid to said spouse
legitimes of the from the conjugal funds,
common children shall if any.
be delivered upon 7. The net remainder of
partition, in accordance the conjugal partnership
with Article 51. properties shall
6. Unless otherwise constitute the profits,
agreed upon by the which shall be divided
parties, in the partition equally between
of the properties, the husband and wife,
conjugal dwelling and unless a different
the lot on which it is proportion or division
situated shall be was agreed upon in the
adjudicated to the marriage settlements or
spouse with whom the unless there has been a
majority of the common voluntary waiver or
children choose to forfeiture of such share
remain. Children below as provided in this
the age of 7 years are Code.
deemed to have chosen 8. The presumptive
the mother, unless the legitimes of the common
court has decided children shall be
otherwise. In case there delivered upon partition
is no such majority, in accordance with
court shall decide, Article 51.
taking into 9. In the partition of the
consideration the best properties, the conjugal
interests of said dwelling and the lot on
children. which it is situated shall,
unless otherwise agreed
upon by the parties, be
adjudicated to choose to
remain. Children below
the age of seven years
are deemed to have
chosen the mother,
unless the court has
decided otherwise. In
case there is no such
majority, the court shall
decide, taking into
consideration the best
interests of said
children.
 Persons and Family Relations
Property Regime Table
LLB -1A
September 27, 2019

Submitted by:
Adajar, Mayela Lou
Cabañelez, Amor Marie Isabel
Minalabag, Senteche
Vios, Yubert

Submitted to:
Atty. Ophelia Pilar E. Rubio-Zamora
Instructor