You are on page 1of 1

Article 147

Rules Governing

If earned separately, it shall be owned by them IN


EQUAL SHARES
(1) If acquired by both through THEIR WORK OR
INDUSTRY, CO-OWNERSHIP governs

WAGES and SALARIES


earned

(1) Co-ownership exists


PROVIDED that: it is acquired by them through their
joint contribution of money, property, or industry
PRESUMED to be equal (contribution)

(2) If acquired by either through donation,


succession, or exchange for exclusive property, ART.
147 DOES NOT APPLY
(3) PRESUMPTION that properties acquired during
cohabitation have been obtained by joint efforts,
work or industry, and shall be owned in EQUAL
SHARES

Article 148
If earned separately, remains EXCLUSIVE

(2) ACTUAL contribution


Efforts of one party in the care and maintenance of
family and household not included
PROPERTY acquired
DURING UNION

(4) Efforts consisting of care and maintenance of


family and household CONSIDERED CONTRIBUTION

(3) Properties acquired BEFORE union remains separate


and exclusive
(4) There is also a PRESUMPTION of equality in joint
deposits of money and evidences of credit like bonds or
securities

(5) Management of co-owned property shall be joint


(1) There being no conjugal or ordinary partnership,
each must be PERSONALLY LIABLE for debts and
expenses personally incurred
(2) EXCEPT: when expenses are for preservation of
common property
(1) Rules on co-ownership applies but modified;
alienation or encumbrance of individual share must
be made with the consent of the other
(1) If only one party to a void marriage is in good
faith, share of the party in bad faith in co-ownership
forfeited in favor of the following, in order:
(a) COMMON children;
(b) in default or waiver, vacant share belong to
respective surviving descendants
(c) in absence, to INNOCENT PARTY
(2) Forfeiture shall take place UPON TERMINATION
OF COHABITATION

OBLIGATIONS incurred
DURING UNION

ALIENATION or
ENCUMBRANCE of
property

ACCRUAL or
FORFEITURE of share

(5) Management of co-owned property shall be joint


(1) There being no conjugal or ordinary partnership,
each must be PERSONALLY LIABLE for debts and
expenses personally incurred
(2) EXCEPT: when expenses are for preservation of
common property
(1) Rules on co-ownership applies but modified;
alienation or encumbrance of individual share must be
made with the consent of the other
(1) If one is validly married to another, share in coownership will ACCRUE to the ACP or CPG existing in
valid prior marriage
(2) If party in BAD FAITH is not validly married to
another, share forfeited in the following order:
(a) COMMON children;
(b) in default or waiver, vacant share belong to
respective surviving descendants
(c) in absence, to INNOCENT PARTY
(3) Even if both parties are in bad faith, (2) still applies;
PARI DELICTO DOES NOT APPLY

(4) Forfeiture shall take place UPON TERMINATION OF


COHABITATION
SIMILARITIES BETWEEN ART 147 AND 148
(1) parties must be in a state of cohabitation
(2) no ACP or CPP is formed

(3) common property governed by co-ownership


(4) property not co-owned remains exclusive

(5) bad faith results in share forfeiture

DIFFERENCES BETWEEN ART 147 AND 148


Art 147
Art 148
Parties capacitated to marry
Parties have legal impediments
Parties live each other exclusively
There may be an existing valid marriage
Wages and salaries and property acquired by both are owned in common
There must be actual joint contribution in order for it to
and in equal shares
be owned in common
Properties acquired during cohabitation presumed obtained jointly
No such presumption
Care and maintenance of family and household regarded as contribution
Not recognized
What is presumed is joint acquisition
What is presumed is the equality of contribution
Such proof is unnecessary
If actual contribution is not proved,
There will be no co-ownership and thus no presumption
of equal shares
There may be an innocent party
There is no innocent party