D.
Separation of Property of the Spouses and
Administration of Common Property by One Spouse
Separation of Property
● (1) Marriage settlement; (2) judicial order upon
petition of one spouse; (3) voluntary agreement
of the spouses during marriage, with judicial
approval; (4) decreed in legal separation; (5)
compulsory, if a spouse of subsequent marriage
has not liquidated property regime of prior
marriage dissolved by death
● This may not commence at celebration of
marriage, it may take place during marriage in
proper cases
1. Judicial Separation of Property for Sufficient
Cause
Art. 134. I​ n the absence of an express declaration in the
marriage settlements, the ​separation of property
between spouses during the marriage shall not take
place except by ​judicial order.​ Such judicial separation of
property may either be ​voluntary or for sufficient cause​.
(190a)
● Compulsory Separation (Art 103 and 130) is not
taken into account by the article.
● Voluntary separation: Judicial approval is
required for every contract of separation of
property. Separation of spouses without judicial
sanction doesn’t bring about separation of
property. (Art 100 & 127)
● Contract of separation of property becomes
effective only upon judicial approval; otherwise
it is void.
Art. 135. Any of the following shall be considered
sufficient cause​ for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced
​ enalty which carries with it civil interdiction;​
to a p
(2) That the spouse of the petitioner has been judicially
declared an a ​ bsentee;​
(3) That l​ oss of parental authority of the spouse of
petitioner has been decreed by the court;
(4) That the spouse of the petitioner has ​abandoned the
latter or failed to comply with his or her obligations to
the family as provided for in Article 101;
(5) That the spouse granted the ​power of administration
in the marriage settlements has ​abused that power​; and
(6) That at the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable​.
In the cases provided for in Numbers (1), (2) and (3), the
presentation of the final judgment​ against the guilty or
absent spouse shall be enough basis for the grant of the
decree of judicial separation of property. (191a)
● Petition for separation​ must be filed by spouse
entitled to it and the court should grant the
petition
● It is the ​court order​​ granting petition that will
effect separation of property
2. Voluntary Separation of Property
Art. 136.​ T​ he ​spouses may jointly​ file a verified petition
with the court for the​ voluntary dissolution​ of the
absolute community or the conjugal partnership of
gains, and for the separation of their common
properties.
All creditors of the absolute community or of the
conjugal partnership of gains, as well as the personal
creditors of the spouse, shall be​ listed in the petition and
notified of the filing thereof​. The court shall take
measures to protect the creditors and other persons
with pecuniary interest. (191a)
● The ​court will decide the sufficiency​ of the
reasons for approval of voluntary agreement
● Any ground that would ​lessen friction and
misunderstanding​ between the spouses with
respect to properties and administration
thereof for mutual benefit of spouses should
justify
3. Liquidation and Dissolution
Art. 137. ​Once the ​separation of property has been
decreed​, the absolute community or the conjugal
partnership of gains shall be ​liquidated in conformity
with this Code.
During the p ​ endency of the proceedings for separation
of property, the absolute community or the conjugal
partnership shall ​pay for the support of the spouses and
their children. (192a)

Art. 138. After ​dissolution of the absolute community or
of the conjugal partnership, the ​provisions on complete
separation of property shall apply​. (191a)
Art. 139. T​ he petition for separation of property and the
final judgment granting the same shall be ​recorded in
the proper local civil registries and r​ egistries of property​.
(193a)
Art. 140. T​ he separation of property shall ​not prejudice
the rights​ previously acquired by creditors. (194a)
Effects of Decree of Separation
1. Dissolution​​ of ACP or CPG and its liquidation
2. Each spouse may ​own exclusively all his/her
earnings and fruits of his/her separate property
3. Obligation to support children continues​​, each
spouse contributing in proportion to his/her
income or property
4. Mutual obligation of spouses to ​support each
other continues
● Contribution to support is based on benefits or
income derived from property, not value of
property; if this isn’t sufficient, basis is market
value of respective properties
● For support of children, if only spouse pays all
expenses, he/she can’t recover from the other a
proportionate share as such payment is his/her
own obligation imposed by law (no
reimbursement)
Art. 141. ​The spouses may, in the same proceedings
where separation of property was decreed, file a ​motion
in court for a decree reviving the property regime that
existed between them before the separation of property
in any of the following instances:
(1) When the ​civil interdiction terminates​;
(2) When the ​absentee spouse reappears​;
(3) When the court, being satisfied that the spouse
granted the power of administration in the marriage
settlements ​will not again abuse that power,​ authorizes
the ​resumption of said administration​;
(4) When the spouse who has left the conjugal home
without a decree of legal separation ​resumes common
life with the other​;
(5) When ​parental authority is judicially restored to the
spouse previously deprived thereof;
(6) When the spouses who have separated in fact for at
least one year, ​reconcile and resume common life​; or
(7) When after voluntary dissolution of the absolute
community of property or conjugal partnership has been
judicially decreed upon the joint petition of the spouses,
they agree to the revival of the former property regime​.
No voluntary separation of property may thereafter be
granted​.
The revival of the former property regime shall be
governed by ​Article 67​. (195a)
● Spouses must file a ​motion to end regime of
separation of property which must be granted
by the court to have such effect
● Motion must be ​filed by both spouses
○ Right is given not only to one spouse
○ Art 67: revival of former regime must
be agreed upon by both spouses
4. Sole Administration of Other Spouse’s
Property
Art. 142. The ​administration of all classes of exclusive
property of either spouse may be t​ ransferred ​by the
court to the other spouse:
(1) When one spouse becomes the g ​ uardian of the
other;
(2) When one spouse is judicially declared an ​absentee;​
(3) When one spouse is sentenced to a ​penalty which
carries with it civil interdiction;​ or
(4) When one spouse becomes a f​ ugitive from justice or
is ​in hiding as an accused​ in a criminal case.
If the other spouse is not qualified by reason of
incompetence, conflict of interest, or any other just
cause, the court shall appoint a ​suitable person to be the
administrator. (n)
Property Covered
● CC: all classes of property in the marriage
● FC: all classes of exclusive property of either
spouse
 ○ Discrepancy could be an error in
phraseology in the title and this article
is limited only to ​exclusive property
● Reasons for sole administration by one spouse
over common properties cover all causes
provided by this article
● For common property, spouse may assume
administration without court intervention; for
exclusive, court transfers administration
Appointment of Third Persons
● If the other spouse is not qualified, court
appoints a suitable person
Power of Administration
● Power of trustee only
● Ownership is not transferred; alienation and
encumbrance not allowed without court’s
authority
● Court may impose limitations on powers of
administration
Termination of Administration
● Owner-spouse may petition court to declare
admin terminated and recover his full rights
over properties; he may demand an accounting
from administrator and recover compensation
for damages
E. Regime of Separation of Property
Concept of Separation of Property
● Interests of spouses are completely
independent of each other
● Separation of assets and liabilities
● Each has full ownership, enjoyment, and
administration of his/her own property,
products therefrom, and products of his/her
work
Advantages and Disadvantages
● Advantage: simplicity
● Disadvantages:
○ contrary to community of life and
interest which the marriage is supposed
to create
○ may lead to constant friction bet
spouses re: expenses
Kinds of Separation
1. Conventional​​: agreement in marriage
settlements
a. Takes effect upon celebration of
marriage
b. Permanent and lasts throughout
marriage
c. May except certain properties from
separation (partial)
2. Judicial​​: Judicial decree under Art. 135
a. Takes effect during celebration of
marriage
b. Temporary and ceases upon
termination of cause
c. Separation applies to whole patrimony
of spouses (no exception)
Art. 143. ​Should the future spouses agree in the
marriage settlements that their property relations
during marriage shall be governed by the regime of
separation of property, the provisions of this Chapter
shall be ​suppletory​. (212a)
● Will of parties in marriage settlements is
superior to provisions in this chapter so the
former shall prevail in case of conflict
Art. 144. Separation of property may refer to present or
future property or both. It may be ​total or partial​. In the
latter case, the property not agreed upon as separate
shall pertain to the ​absolute community​. (213a)
Partial Separation
● Co-existence of separation of property and ACP
or CPG
● Spouses may stipulate which of their present
and future properties shall be under regime of
separation of property and which shall be under
ACP or CPG
● If no stipulation on income from work during
marriage, it is considered part of ACP or CPG
● Property acquired during marriage by onerous
title is ACP or CPG
● Fruits from separate properties will belong to
owner spouse by right of accession
Total Separation
● No portion of properties are common
● Fruits of properties and earnings from work
shall belong to the spouse as exclusive property
Art. 145. Each spouse shall own, dispose of, possess, Art. 146. Both spouses shall bear the ​family expenses in
administer and enjoy his or her own separate estate, proportion to their income​, or, in case of insufficiency or
without need of the consent of the other​. To each default thereof, to the c​ urrent market value of their
spouse shall belong all earnings from his or her separate properties.​
profession, business or industry and all fruits, natural, The ​liabilities of the spouses to creditors for family
industrial or civil, due or received during the marriage expenses shall, however, be​ solidary.​ (215a)
from his or her separate property. (214a)
● Neither can be held liable for other’s debts
Transfer of Management ● But when obligations are for family expenses,
● Transfer of property allowed and is not an there is proportionate liability regardless who
amendment of marriage settlements contracted them
● Wife can appoint a third person to manage ● If one has income but no property, other has
properties so there is no legal reason why she property but no income
can’t appoint her husband. But such can be ○ Proportional to amount of income and
withdrawn at will by her value of property, respectively
Determination of Ownership ● If one advances full amount of family expenses
● Each spouse owns property he brings to because the other has no property or income,
marriage or acquire during marriage by onerous no reimbursement as it is an obligation imposed
or gratuitous title by law
● For real property, the spouse in whose name ● Obligations to creditors are not joint and
the property is registered/acquired is presumed several.
owner
● For personal property, spouse who possesses it
is presumed owner
● If possessed jointly, it belongs to spouse who
owns or leases the property or building in which
it is found
● Personal effects belongs to each spouse
Separate Liabilities
● Each is liable for obligations he contracts.
Creditors can’t levy upon properties of the
other spouse.
● 2 exceptions:
○ When one spouse acts as agent of the
other with authorization
○ When the spouse has benefitted from
the obligation incurred by the other
Mutual Claims of Support
● Each spouse can recover from the other any
credits, or advances for it which may be
enforced during marriage
● If one causes damages to the other, injured
spouse may recover indemnity
● Neither may recover compensation from the
other for any personal service, advice or
assistance as it is merely performance of
obligation between spouses