ACP CPG

91 – All properties owned by the spouses at the time 106 –

of celebration of marriage or acquired thereafter. Common funds
- proceeds, products, fruits and income from
separate properties
- acquired by either or both through their
efforts/chance
Excluded Excluded
92 – 109 –
1. Donation during marriage and its fruits 1. Brought into the marriage as his/her own
2. For personal and exclusive use. 2. Donation during marriage and its fruits
xp: jewelry 3. Property acquired by right of redemption of
3. Property before marriage (with descendants property owned by the one
from former marriage) 4. Purchased by own money

Exclusive
110 –
Spouses retain ownership, possession, administration
and enjoyment of their exclusive properties

111 –
Can dispose exclusive property w/o consent or
appear alone in court for that property

112 –
 In case of alienation of exclusive property of
administrator-spouse shall automatic terminate the
administration.

The proceeds thereof shall be turned over to the

owner-spouse

113 –
Donation inter vivos or mortis causa:
- w/ designation of determinate shares – shall
pertain to donee-spouse as exclusive property
- w/o designation – share

114 –
Onerous donations – borne by the exclusive property
of donee-spouse
Community Conjugal
93 – 116 –
Property acquired during marriage is presumed to (same in 94) presumed to be conjugal
belong to the community
117 –
1. bought at the expense of common funds
2. from labor, industry, profession, work
3. fruits (natural, industrial, civil) – received during
marriage; and net fruits from exclusive
property
4. hidden treasure share
 5. fishing / hunting
6. Livestock
7. By chance

118 –
Property bought on installment partly exclusive,
partly conjugal, belongs to:
- Buyer – if ownership is vested before the
marriage
- Conjugal – if ownership is vested after the
marriage
Either way, amount paid shall be reimbursed by the
owner upon liquidation

119 –
amount or credit (installment/partial payment)
payable to one spouse, collected during marriage –
shall pertain to exclusive property

but the interests – conjugal partnership

120 –
improvements
- On exclusive property
- At expense of conjugal partnership
- Or efforts of spouse/s
Belongs to conjugal if:
 Cost of improvement > Value of the property

Subject to reimbursement of the value of property.

Charges Charges
94 – 121 –
1. Support (same in 94)
2. Debts and Obligations w/ or w/o consent when
it benefited the family 122 –
3. Tax and expenses for preservation & major or Personal debts, fines and indemnities of spouses if it
minor repairs redounded to the benefit of family
4. Exercise of profession/vocation or for self-
improvement of spouse and children
5. Ante-nuptial debts
6. Expenses in litigation

95 – 123 –
Game of chance: (same in 95)
Loss – personal
Win – Community property
Administration and management Administration and management
96 – 124 –
- Jointly (same in 96)
- Disagreement – Husband decides
- Wife remedy – file in court within 5 years.

- If incapacitated/ unable to participate – assume

sole power of administration
 Disposition and encumbrance Disposition and encumbrance
96 – 124 –
- Requires authority from court or written (same in 96)
consent of spouse
- Otherwise, void 125 –
- But transaction is continuing offer - may be (same in 98)
perfected upon acceptance by the other spouse
or authorization by court, before withdrawal of
offer

97 –
May dispose one’s interest in the property

98 –
Cannot donate community property w/o consent of
spouse
Dissolution Dissolution
99 – 126 –
1. Death (same in 99)
2. Legal Separation
3. Annulment or Nullity 127 –
4. Judicial Separation of property during marriage (same in 100)

100 – 128 –
Separation in fact which affects the regime: (same in 101)
1. Spouse leaves conjugal home w/o just cause
 2. Consent of spouse is needed – summary
proceeding
3. Insufficient community property for the
support of the family – summary proceeding to
administer the other spouse’s property and
apply the proceeds for support

101 –
Spouse abandons or fail to comply with obligation,
aggrieved spouse may petition:
- Receivership
- Judicial separation of property
- Authority to be sole administrator
Abandonment = 3 months
Liquidation Liquidation
102 – 129 –
1. Inventory (community and exclusive) 1. (same)
2. Pay debts and obligations (community then 2. Amount advance by the conjugal property, for
exclusive) the personal debt and obligation of spouse,
3. Remains of exclusive – deliver to each of them shall be credited as asset to the conjugal
4. Net remainder of ACP is the net assets partnership
- Divide equally 3. Reimbursement for the use of exclusive funds
- Agreement for:
- Waive - Acquisition of property
5. Delivery of presumptive legitimes upon - Value of exclusive property which had been
partition vested by law in conjugal partnership
4. (same in 2)
 6. Conjugal dwelling give to spouse who has 5. (same in 3)
majority of children chose or if not, the best 6. Payment for loss or deterioration, even
interest of children fortuitous event, of exclusive property used for
the benefit of family
103 – 7. Net remainder of CPG shall be considered as
If by reason of death: profit:
- Liquidation shall be in the same proceeding in - Divide equally
the settlement of estate - Agreement
- If no settlement of estate, spouse alive will - Waiver/ forfeiture
institute liquidation proceedings within 1 year 8. (same in 5)
from death of spouse. 9. (same in 6)
- If no liquidation (1 year):
- any disposition or encumbrance shall be If by reason of death:
void - (same)
- subsequent marriage will require CSP - except: if no liquidation within 6 months.
CSP – Judicial Separation Proceeding CSP – Marriage Settlement
135 – 143 –
Grounds for judicial separation of property: Apply suppletorily
1. Sentenced with civil interdiction – present final
judgment 144 –
2. Absentee – present final judgment Property refers to:
3. Loss of parental authority – present final - Future or present property
judgment - Total or partial (those not agreed to be
4. Abandoned/ failure to comply with obligations separate shall be ACP)
5. Abuse of power of administration
6. Separated in fact at least 1 year 145 –
- Own, dispose, possess, administer, enjoy own
136 – property w/o consent from other spouse
- May jointly file voluntary dissolution - Earnings from profession, work, industry – own
- All creditors shall be listed and notified of the property
filing - Fruits (natural, civil, industry) – own property

137 – 146 –
- Once decreed, ACP/CPG shall be liquidated Expenses of family – share in proportion to the
- During pendency, ACP/CPG shall pay for income
support Liability to creditors – solidary

139 –
Petition for separation of property and Final
judgment shall be recorded in:
- Local Civil Registrar; and
- Registries of Property
140 –
CSP shall not prejudice the rights previously acquired
by the creditors

141 –
Revival of previous property regime:
1. Civil interdiction is terminated
2. Absentee reappears
3. Will not abuse the power of administration
again
4. Resumes common life with the other spouse
5. Parental authority is restored
6. Reconciled and resumed common life
7. After revival, no voluntary separation of
property will be granted

142 –
Administration of property transfer to other spouse:
1. Spouse becomes guardian of the other spouse
2. Absentee
3. Sentenced by civil interdiction
4. Fugitive from justice