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Constitutes

ABSOLUTE COMMUITY OF PROPERTY Art. 91 unless otherwise provided in this Chapter or in the marriage settlements it consist of all the property owned by the spouses at the time of the celebration of the marriage and acquired thereafter

CONJUGAL PARTNERSHIP OF GAINS Art. 106 place in the common fund the proceeds, products, fruits and income from their separate properties and those acquired(effort or chance) *net gains shall be divided equally upon dissolution, unless otherwise agreed in the marriage settlements. Art. 117 The following are conjugal partnership properties: 1. Acquired by onerous title during the marriage 2. Obtained from the labor, industry, work or profession 3. 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 4. Hidden treasure 5. Acquired through occupation 6. Livestock existing upon the dissolution 7. Acquired by chance (gambling) Art. 109 (separate property) 1. Brought to the marriage as his/her own 2. Gratuitous title ONLY (fruits and income conjugal) 3. Right of redemption, barter or exchange 4. Purchased with exclusive money Art. 110 Spouses retain ownership, possession, administration, and enjoyment Art. 111 May mortgage, alienate or dispose his/her exclusive property without the consent of the other Art. 112 Exclusive property of either spouse administered by the other Rule cannot sell such property. Selling is an act of ownership which cannot be exercised by an administrator Automatically terminates the administration If the property being administered is sold to another person, then, the administration is terminated. (seller spouse is no longer the owner) Art. 113 Property donated or left by will to the spouses shall pertain to the done-spouse as his or her own exclusive property

Excluded

Art. 92 1. Gratuitous title (fruits & income) --- unless provided by the donor that it shall form part of the community property. 2. Personal use --- except JEWELRY 3. Spouse who has legitimate descendants (fruits& income)

Separate Properties

A donated a parcel of land to X and Y, spouses with designation of shares, like to X and to Y. The share of each spouse belongs to him/her exclusively. In the case above, if there is no designation of shares, the property shall be divided in two, share and share a like and still, the share of each shall belong exclusively to them.

Art. 114 Onerous Donations one where there are burdens and charges or future services equal in value if not greater than that of the thing donated A donated a parcel of land to B with the obligation to construct a childrens center worth Php500,000.00, then, his exclusive property shall answer for such charge or burden. --- if said amount was advanced by the conjugal partnership, the exclusive property of B must reimburse the conjugal partnership. Art. 115 Retirement, benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisition as may proper in each case. Retirement benefits payments or services provided after reaching the age of retirement or upon withdrawal from ones position or occupation and are separate and distinct from the salaries received. --not conjugal property (page 482 ALBANO, 2006) Pension given by the government as an expression of its appreciation of the past services. Pension received by the husband under C.A. No. 188 (Liquidation of the Pension and Retirement Fund of the Philippine Constabulary) is conjugal and is answerable for the support of the family. Pension is gratuity only when it is granted for services previously rendered and which at the time they were rendered gave rise to no legal obligation. (page 483 ALBANO, 2006) Annuity A gave to B a building with a condition that B will give an annual income of Php100,000.00 as long as A lives. Here, the ownership of the building is immediately transferred to B with the burden of the annual income. If the building is exclusive property, the annuity of Php100,000.00 is separate property of

the recipient. Gratuity something voluntary given Usufructs gives right to enjoy the property of another with the obligation of preserving its form and substance. --- if the usufruct is acquired through gratuitous title, it is exclusive property. But the fruits thereof are conjugal. (page 484, ALBANO 2006) Life insurance benefits (a) If the beneficiary is the person insured using conjugal funds conjugal property (b) If the beneficiary is his/her heir using conjugal funds third person (c) If the beneficiary is the person insured using exclusive funds exclusive property SSS this law is not a law of succession. It is not the heirs of the employee who are to receive the benefits or compensation. It is only when the beneficiary is the estate, or when there is non designated, or if the designation is void, that the System is required to pay the employees heirs. --- a third person may be designated as beneficiary.

Presumption

Art. 93 Property acquired during the marriage is presumed to belong to the community property, unless otherwise proven

Art. 116 All property acquired during the marriage, whether the acquisition appears to have been made, contracted, or registered in the name of one or both spouse, is presumed to be conjugal unless the contrary is provided. Art. 118 Property bought on instalments paid partly from exclusive funds or partly conjugal funds -ownership vested before EXCLUSIVE -ownership vested during CONJUGAL *need for reimbursement Art. 119 An amount or credit payable belongs to one of the spouse, if instalment -principals EXCLUSIVE
-interest falling due during the marriage CONJUGAL

Notes Art. 120 Ownership of improvements for utility or adornment (a) The value of the property just before the improvement was made; or (b) The value after the improvement including the cost RULE: If (a) is greater belong to the OWNER

Art. 94 SUPPORT -spouses, common children, legitimate children of either spouse -illegitimate children support from separate property of spouse obliged to give support * in case of insufficiency, ACP shall advance support, chargeable to share of spouse upon liquidation

SPOUSE; must be reimbursed to conjugal partnership If (b) is greater belong to the CONJUGAL PARTNERSHIP; must be reimbursed to the owner spouse Art. 121 and Art. 122 (personal debts) SUPPORT -spouses, common children, legitimate children of either spouse -illegitimate children support from separate property of spouse obliged to give support * In case of insufficiency, CPG shall advance support, chargeable to share of spouse upon liquidation, only after obligations in Art. 121 have been covered DEBTS and OBLIGATIONS during the marriage (a) By both of the spouses (b) By one with the consent of the other (c) By one without the consent of the other (d) By the administrator spouse designated in the marriage settlement/ authorized by court/ one assuming sole administration For (a) and (b) benefit to family presumed For (c) and (d) creditor has burden of proving that it benefited to the family, otherwise, chargeable to separate property of creditor spouse. TAXES, LIENS, CHARGES, and EXPENSES including major and minor repair upon CPG Separate property of either spouse used by the family taxes and expenses only for mere preservation during the marriage Expenses to enable either spouse to commence/complete a professional, vocational or other activity for self-improvement Value donated/promised by both spouse in favour of common legitimate children for exclusive purpose of commencing/completing professional, vocational or other activity for self-improvement Expenses of litigation between spouses unless suit found to be groundless Ante-Nuptial Debts if redounded to the benefit of the family Personal debts not redounding to the benefit of the family chargeable to SEPARATE property of the debtor spouse

Charges Upon and Obligations *note separate properties shall be solidarily liable for the obligations if the community or conjugal properties are insufficient

DEBTS and OBLIGATIONS during the marriage (a) By both of the spouses (b) By one with the consent of the other (c) By one without the consent of the other (d) By the administrator spouse designated in the marriage settlement/ authorized by court/ one assuming sole administration For (a) and (b) benefit to family presumed For (c) and (d) creditor has burden of proving that it benefited to the family, otherwise, chargeable to separate property of creditor spouse. TAXES, LIENS, CHARGES, and EXPENSES including major and minor repair upon ACP Separate property of either spouse used by the family taxes and expenses only for mere preservation during the marriage Expenses to enable either spouse to commence/complete a professional, vocational or other activity for self-improvement Value donated/promised by both spouse in favour of common legitimate children for exclusive purpose of commencing/completing professional, vocational or other activity for self-improvement Expenses of litigation between spouses unless suit found to be groundless Ante-Nuptial Debts if redounded to the benefit of the family Personal debts not redounding to the benefit of the family (liabilities incurred by reason of crime or quasi-delict) chargeable to SEPARATE property of

the debtor spouse In case of insufficiency, chargeable to ACP but considered advances deductible from share upon liquidation Art. 95 Winnings community property Losses gambler bears Art. 96 1st paragraph - Administration belongs to the spouses jointly In case of disagreement, the husband will prevail, subject to recourse to the court by the wife for the proper remedy prescriptive period: 5 years from the date of the contract implementing the husbands decision 2nd paragraph if one spouse is incapacitated or unable or unable to participate Spouse may assume sole powers of administration do not include disposition or encumbrance without authority of the court or written consent of the other spouse. Absence of authority or consent void However, it will still be a continuing offer on the part of the consenting spouse and the third person and may be perfected as a binding contract upon the acceptance of the other spouse or authorization by the court before the offer is withdrawn.

Gambling

In case of insufficiency, obligations enumerated in Art. 121 must first be satisfied before such debts may be chargeable to CPG and it will considered advances deductible from share upon liquidation Art. 123 Winnings conjugal property Losses gambler bears Art. 124 1st paragraph Administration belongs to the spouses jointly In case of disagreement, the husband will prevail, subject to recourse to the court by the wife for the proper remedy prescriptive period: 5 years from the date of the contract implementing the husbands decision 2nd paragraph if one spouse is incapacitated or unable or unable to participate Spouse may assume sole powers of administration do not include disposition or encumbrance without authority of the court or written consent of the other spouse. Absence of authority or consent void However, it will still be a continuing offer on the part of the consenting spouse and the third person and may be perfected as a binding contract upon the acceptance of the other spouse or authorization by the court before the offer is withdrawn.

Ownership and Administration

Art. 97 Either spouse may dispose by will of his or her interest in the community property May not dispose his/her interest to the extent of while the community subsist He may dispose of such interest only by will (mortis causa act) Art. 98 Donations from the ACP need common consent, except if moderate in favour of: Charity Occasions of family rejoicing or family distress Art. 99 (DE DE ANNUL SEPARATION) Fran Grounds for termination: Death of either spouse Decree of legal separation Marriage is annulled or declared void Judicial separation of property Art. 100 Separation in fact between the husband and wife shall not affect the regime of community property Art. 125 Donations from the CPG need common consent, except if moderate in favour of: Charity Occasions of family rejoicing or family distress Art. 126 (DE DE ANNUL SEPARATION) Fran Grounds for termination: Death of either spouse Decree of legal separation Marriage is annulled or declared void Judicial separation of property Art. 127 Separation in fact between the husband and wife shall not affect the regime of community property

Dissolution

Effects of Dissolution

except that: Spouse who leaves conjugal home or refuses to live therein, without just cause, shall not have the right to be supported Judicial authorization shall be obtained instead of marital consent Absence of sufficient community property, separate property of both spouses shall be solidarily liable for the support of the family Judicial authority to administer or encumber the separate property (including fruits and proceeds) of the other spouse Art. 101 Effects of Abandonment without just cause Abandonment when he/she left the conjugal dwelling for 3 months without any intention of returning or failed to give any information as to his/her whereabouts. Effects (with judicial authorization there may be:) Receivership Judicial separation of property Sole administration of the absolute community (subject to precautionary conditions) Art. 102 Procedure upon dissolution Inventory of community properties and exclusive property of each spouse Debts and obligations shall be paid out of its assets. In case of insufficiency, spouses shall be solidarily liable using their separate properties. Whatever remains of the exclusive properties shall be delivered to them Net remainder of the ACP shall constitute its net assets which shall be divided equally unless a different proportion was agreed upon the marriage settlement or there has been a voluntary waiver of such share Presumptive legitimes of the common children shall be delivered upon partition. Partition of the properties, the conjugal dwelling (including the lot) spouse with majority of the children - Children below 7years of age mother , unless the court has decided otherwise - No Majority court shall decide taking in consideration the best interest of the children.

except that: Spouse who leaves conjugal home or refuses to live therein, without just cause, shall not have the right to be supported Judicial authorization shall be obtained instead of marital consent Absence of sufficient community property, separate property of both spouses shall be solidarily liable for the support of the family Judicial authority to administer or encumber the separate property (including fruits and proceeds) of the other spouse Art. 128 Effects of Abandonment without just cause Abandonment when he/she left the conjugal dwelling for 3 months without any intention of returning or failed to give any information as to his/her whereabouts. Effects (with judicial authorization there may be:) Receivership Judicial separation of property Sole administration of the conjugal partnership (subject to precautionary conditions) Art. 129 Procedure upon dissolution Inventory of conjugal properties and exclusive property of each spouse Amounts advanced by the CP in payment of the personal debts and obligations of either spouse shall be credited to the CP as an asset. Spouse shall be reimbursed for the use of his/her exclusive funds in the acquisition of property where the ownership is vested to the conjugal property Debts and obligations of the CP shall be paid out of the conjugal assets. In case of insufficiency, spouses shall be solidarily liable using their separate properties. Whatever remains of the exclusive properties shall be delivered to them Unless the owner is indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds. Net remainder of the CP shall constitute its profits which shall be divided equally unless a different proportion was agreed upon the marriage settlement or there has been a voluntary waiver of such share Presumptive legitimes of the common children shall be delivered upon partition.

Liquidation

Partition of the properties, the conjugal dwelling (including the lot) spouse with majority of the children - Children below 7years of age mother , unless the court has decided otherwise - No Majority court shall decide taking in consideration the best interest of the children.

Others

Art. 103 When liquidation made During the judicial settlement proceeding If none within 1 year after the death of the deceased spouse Rule if no liquidation is made within 1 year Any disposition or encumbrance involving the community property shall be void Rule if there is a subsequent marriage without the liquidation required by law Mandatory regime of COMPLETE SEPARATION of PROPERTY shall govern the property relations of the subsequent marriage Art. 104 Applicability of the Article Only to those marriages contracted before the effectivity of the family code. Distribution of the property between the two marriages Adduce proof as determined by the Rules of Evidence In case of doubt, get proportion of - Capital - Duration of each marriage

Art. 130 When liquidation made During the judicial settlement proceeding If none within 1 year after the death of the deceased spouse Rule if no liquidation is made within 1 year Any disposition or encumbrance involving the conjugal property shall be void Rule if there is a subsequent marriage without the liquidation required by law Mandatory regime of COMPLETE SEPARATION of PROPERTY shall govern the property relations of the subsequent marriage Art. 131 Art. 132 Art. 133