ABSOLUTE COMMUNITY
PROPERTY
When Spouses:
1. Adopt it in marriage
settlement;
2. Do not choose any
economic system; or
3. Adopted a different
property regime and the
same is void.
1. All the property owned by the
spouses:
a. At the time of the celebration
of the
marriage; or
b. Acquired thereafter;
2. Property acquired during the
marriage by gratuitous title, if
expressly made to form part of
the community property by the
donor, testator or grantor;
3. Jewelry or properties with
monetary value;
4. Winnings in gambling.
1. Property acquired during the
marriage by gratuitous title and
its fruits as well as income
thereof unless the grantor
expressly provide they shall form
part of the community property;
2. Property for personal and
exclusive use of either spouse
but jewelries shall form part of
the ACP because of their
CONJUGAL PARTNERSHIP OF ABSOLUTE SEPARATION OF
GAINS PROPERTY
WHEN IT APPLIES
When the future spouses adopt 1. When future spouses
it in a marriage settlement. adopt it in a marriage
settlement
2. ACP or CPG is dissolved
3. Prior marriage is
dissolved due to death
of one spouse and
surviving spouse failed
to comply with the
requirements under Art
103 (judicial settlement
proceeding of the estate
of deceased spouse)
4. By judicial order. Judicial
separation of property
may either be voluntary
or for sufficient cause.
INCLUSIONS
1. Those acquired by onerous
title during the marriage with
conjugal funds;
NOTE: Requisites:
a. Acquisition is made during the
marriage,
b. Thru onerous title,
c. At the expense of common
fund;
2. Those obtained from labor,
industry, work or profession of
either or both spouses;
3. Fruits of conjugal property
due or received during the
marriage and net fruits of
separate property;
NOTE: Net fruits refer to the
remainder of the fruits after
deducting the amount necessary
to cover the expenses of
administration of said exclusive
property.
4. Share of either spouse in
hidden treasure;
5. Those acquired through
occupation such as hunting or
fishing;
6. Livestock in excess of what
was brought to the marriage;
7. Those acquired by chance
such as winnings in gamblings
and bettings (FC, Art. 117).
EXCLUSIONS
1. Those brought into the
marriage as his/her
own;
2. Those acquired during the
marriage by gratuitous title;
3. Those acquired by right of
redemption,
barter or exchange with
exclusive property;
4. That purchased with exclusive
monetary value;
3. Property acquired before the
marriage by one with legitimate
descendants by former marriage
and its fruits and income, if any;
4. Those excluded by the
marriage settlement (FC, Art.
92).
1. The support of
a. The spouses
b. Their common children
c. Legitimate children of either
spouse;
NOTE: Support of illegitimate
children of either spouse is
chargeable to exclusive property
of the illegitimate parent (FC,
Art.197).
2. All debts and obligations
contracted during the marriage
by:
a. the designated administrator-
spouse for the benefit of the
community
b. by both spouses
c. by one spouse with the
consent of the other;
3. Debts and obligations
contracted by either spouse
without the consent of the other
to the extent that the family may
have been benefited;
4. All taxes, liens, charges and
expenses, including major or
minor repairs, upon the
community property;
5. All taxes and expenses for
mere preservation made during
marriage upon the separate
property of either spouse used
by the family;
6. Expenses to enable either
spouse to commence or
complete a professional or
vocational course, or other
activity for self-improvement;
7. Ante-nuptial debts of either
spouse insofar as they have
redounded to the benefit of the
family; (2007 Bar)
NOTE: For ante-nuptial debts,
those contracted by one spouse
without the consent of the other
during the marriage and those
contracted by the administrator-
spouse, the burden of proof that
such debts were contracted for
the benefit of the community or
of the family lies with the
creditor- party litigant claiming
as much (Rabuya, 2009).
8. The value of what is donated
or promised by both spouses in
money of either spouse.
CHARGES
1. Support of the spouses, their Both spouses shall bear the
common children and the family expenses in proportion to
legitimate children of either their income, or in case of
spouse; insufficiency or default thereof,
2. Debts and obligations to the current market value of
contracted by one without the their separate properties.
consent of the other to the The liability of the spouses to
extent that the family benefited; creditors for family expenses
3. Debts and obligations shall, however, be solidary.
contracted during the marriage
by an administrator-spouse,
both spouses or one with the
consent of the other;
4. Taxes, liens, charges,
expenses, including major or
minor repairs upon conjugal
property;
5. Taxes and expenses for mere
preservation made during the
marriage of separate property;
6. Expenses for professional,
vocational or selfimprovement
courses of either spouse;
7. Ante-nuptial debts to the
extent the family has been
benefited;
8. Value of what is donated or
promised to common legitimate
children for professional,
vocation or self- improvement
courses;
9. Expenses of litigation between
the spouses unless the suit is
found to be groundless (FC, Art.
121).
NOTE: If the conjugal
partnership is insufficient to
cover the foregoing liabilities,
spouses shall be solidarily liable
for the unpaid balance with their
separate properties.
favor of their common legitimate
children for the exclusive
purpose of commencing or
completing a professional or
vocational course or other
activity for selfimprovement;
9. Payment, in case of absence
or insufficiency of the exclusive
property of the debtor-spouse,
of:
a. Ante-nuptial debts of either
spouse which did not redound to
the benefit of the family;
b. The support of illegitimate
children of either spouse;
c. Liabilities incurred by either
spouse by reason of a crime or
quasi-delict;
NOTE: The payment of which
shall be
considered as advances to be
deducted from the share of the
debtor-spouse upon liquidation
of the community
10. Expenses of litigation
between the spouses. However,
if suit is found to be groundless,
it cannot be charged against the
ACP (FC, Art. 94).