Section 1. General Provisions Art. 91. Unless otherwise provided in this Chapter or in the marriae settlements! the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriae or ac"uired thereafter. Art. ##. $he absolute community of property between spouses shall commence at the precise moment that the marriae is celebrated. Any stipulation! e%press or implied! for the commencement of the community reime at any other time shall be void. Art. #9. &o waiver of rihts! shares and effects of the absolute community of property durin the marriae can be made e%cept in case of 'udicial separation of property. (hen the waiver ta)es place upon a 'udicial separation of property! or after the marriae has been dissolved or annulled! the same shall appear in a public instrument and shall be recorded as provided in Article **. $he creditors of the spouse who made such waiver may petition the court to rescind the waiver to the e%tent of the amount sufficient to cover the amount of their credits. Art. 9+. $he provisions on co,ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. Art. 9-. $he followin shall be e%cluded from the community property. /10 Property ac"uired durin the marriae by ratuitous title by either spouse! and the fruits as well as the income thereof! if any! unless it is e%pressly provided by the donor! testator or rantor that they shall form part of the community property1 /-0 Property for personal and e%clusive use of either spouse. 2owever! 'ewelry shall form part of the community property1 /30 Property ac"uired before the marriae by either spouse who has leitimate descendants by a former marriae! and the fruits as well as the income! if any! of such property. /-+1a0 Chapter 3. Con'ual Partnership of Gains Section 1. General Provisions Art. 1+4. 5n case the future spouses aree in the marriae settlements that the reime of con'ual partnership ains shall overn their property relations durin marriae! the provisions in this Chapter shall be of supplementary application. $he provisions of this Chapter shall also apply to con'ual partnerships of ains already established between spouses before the effectivity of this Code! without pre'udice to vested rihts already ac"uired in accordance with the Civil Code or other laws! as provided in Article -46 Art. 1+6. Under the reime of con'ual partnership of ains! the husband and wife place in a common fund the proceeds! products! fruits and income from their separate properties and those ac"uired by either or both spouses throuh their efforts or by chance! and! upon dissolution of the marriae or of the partnership! the net ains or benefits obtained by either or both spouses shall be divided e"ually between them! unless otherwise areed in the marriae settlements. Art. 1+*. $he rules provided in Articles ## and #9 shall also apply to con'ual partnership of ains. /n0 Art. 1+#. $he con'ual partnership shall be overned by the rules on the contract of partnership in all that is not in conflict with what is e%pressly determined in this Chapter or by the spouses in their marriae settlements. Section -. 7%clusive Property of 7ach Spouse Art. 1+9. $he followin shall be the e%clusive property of each spouse. /10 $hat which is brouht to the marriae as his or her own1 /-0 $hat which each ac"uires durin the marriae by ratuitous title1 /30 $hat which is ac"uired by riht of redemption! by barter or by e%chane with property belonin to only one of the spouses1 and /30 $hat which is purchased with e%clusive money of the wife or of the husband. Art. 11+. $he spouses retain the ownership! possession! administration and en'oyment of their e%clusive properties. Art. 93. Property ac"uired durin the marriae is presumed to belon to the community! unless it is proved that it is one of those e%cluded therefrom. 7ither spouse may! durin the marriae! transfer the administration of his or her e%clusive property to the other by means of a public instrument! which shall be recorded in the reistry of property of the place the property is located. Art. 111. A spouse of ae may mortae! encumber! alienate or otherwise dispose of his or her e%clusive property! without the consent of the other spouse! and appear alone in court to litiate with reard to the same. /n0 Art. 11-. $he alienation of any e%clusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner,spouse. /n0 Art. 113. Property donated or left by will to the spouses! 'ointly and with desination of determinate shares! shall pertain to the donee,spouses as his or her own e%clusive property! and in the absence of desination! share and share ali)e! without pre'udice to the riht of accretion when proper. /14+a0 Art. 113. 5f the donations are onerous! the amount of the chares shall be borne by the e%clusive property of the donee spouse! whenever they have been advanced by the con'ual partnership of ains. /141a0 Art. 114. 8etirement benefits! pensions! annuities! ratuities! usufructs and similar benefits shall be overned by the rules on ratuitous or onerous ac"uisitions as may be proper in each case. Section 3. Con'ual Partnership Property Art. 116. All property ac"uired durin the marriae! whether the ac"uisition appears to have been made! contracted or reistered in the name of one or both spouses! is presumed to be con'ual unless the contrary is proved. Art. 11*. $he followin are con'ual partnership properties. /10 $hose ac"uired by onerous title durin the marriae at the e%pense of the common fund! whether the ac"uisition be for the partnership! or for only one of the spouses1 /-0 $hose obtained from the labor! industry! wor) or profession of either or both of the spouses1 /30 $he fruits! natural! industrial! or civil! due or received durin the marriae from the common property! as well as the net fruits from the e%clusive property of each spouse1 /30 $he share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found1 /40 $hose ac"uired throuh occupation such as fishin or huntin1 /60 9ivestoc) e%istin upon the dissolution of the partnership in e%cess of the number of each )ind brouht to the marriae by either spouse1 and /*0 $hose which are ac"uired by chance! such as winnins from amblin or bettin. 2owever! losses therefrom shall be borne e%clusively by the loser,spouse. /143a! 143a! 144! 1490 Section 3. Chares and :bliations of the Absolute Community Art. 93. $he ACP shall be liable for. /10 $he support of the spouses! their common children! and leitimate children of either spouse1 however! the support of illeitimate children shall be overned by the provisions of this Code on Support1 /-0 All debts and obliations contracted durin the marriae by the desinated administrator,spouse for the benefit of the community! or by both spouses! or by one spouse with the consent of the other1 /30 ;ebts and obliations contracted by either spouse without the consent of the other to the e%tent that the family may have been benefited1 /30 All ta%es! liens! chares and e%penses! includin ma'or or minor repairs! upon the community property1 /40 All ta%es and e%penses for mere preservation made durin marriae upon the separate property of either spouse used by the family1 /60 7%penses to enable either spouse to commence or complete a professional or vocational course! or other activity for self,improvement1 Art. 11#. Property bouht on installments paid partly from e%clusive funds of either or both spouses and partly from con'ual funds belons to the buyer or buyers if full ownership was vested before the marriae and to the con'ual partnership if such ownership was vested durin the marriae. 5n either case! any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon li"uidation of the partnership. /n0 Art. 119. (henever an amount or credit payable within a period of time belons to one of the spouses! the sums which may be collected durin the marriae in partial payments or by installments on the principal shall be the e%clusive property of the spouse. 2owever! interests fallin due durin the marriae on the principal shall belon to the con'ual partnership. /146a! 14*a0 Art. 1-+. $he ownership of improvements! whether for utility or adornment! made on the separate property of the spouses at the e%pense of the partnership or throuh the acts or efforts of either or both spouses shall pertain to the con'ual partnership! or to the oriinal owner,spouse! sub'ect to the followin rules. (hen the cost of the improvement made by the con'ual partnership and any resultin increase in value are more than the value of the property at the time of the improvement! the entire property of one of the spouses shall belon to the con'ual partnership! sub'ect to reimbursement of the value of the property of the owner,spouse at the time of the improvement1 otherwise! said property shall be retained in ownership by the owner,spouse! li)ewise sub'ect to reimbursement of the cost of the improvement. 5n either case! the ownership of the entire property shall be vested upon the reimbursement! which shall be made at the time of the li"uidation of the con'ual partnership. /14#a0 Section 3. Chares Upon and :bliations of the Con'ual Partnership Art. 1-1. $he con'ual partnership shall be liable for. /10 $he support of the spouse! their common children! and the leitimate children of either spouse1 however! the support of illeitimate children shall be overned by the provisions of this Code on Support1 /-0 All debts and obliations contracted durin the marriae by the desinated administrator,spouse for the benefit of the con'ual partnership of ains! or by both spouses or by one of them with the consent of the other1 /30 ;ebts and obliations contracted by either spouse without the consent of the other to the e%tent that the family may have benefited1 /30 All ta%es! liens! chares! and e%penses! includin ma'or or minor repairs upon the con'ual partnership property1 /40 All ta%es and e%penses for mere preservation made durin the marriae upon the separate property of either spouse1 /60 7%penses to enable either spouse to commence or complete a professional! vocational! or other activity for self,improvement1 /*0 Ante,nuptial debts of either spouse insofar as they have redounded to the benefit of the family1 /#0 $he value of what is donated or promised by both spouses in favor of their common leitimate children for the e%clusive purpose of commencin or completin a professional or vocational course or other activity for self, improvement1 /90 Ante,nuptial debts of either spouse other than those fallin under pararaph /*0 of this Article! the support of illeitimate children of either spouse! and liabilities incurred by either spouse by reason of a crime or a "uasi, delict! in case of absence or insufficiency of the e%clusive property of the debtor,spouse! the payment of which shall be considered as advances to be deducted from the share of the debtor,spouse upon li"uidation of the community1 and /1+0 7%penses of litiation between the spouses unless the suit is found to be roundless. 5f the community property is insufficient to cover the foreoin liabilities! e%cept those fallin under pararaph /90! the spouses shall be solidarily liable for the unpaid balance with their separate properties. ,,Article 93 /90 Ante,nuptial debts of either spouse other than those fallin under pararaph /*0 of this Article! the support of illeitimate children of either spouse! and liabilities incurred by either spouse by reason of a crime or a "uasi, delict! in case of absence or insufficiency of the e%clusive property of the debtor,spouse! the payment of which shall be considered as advances to be deducted from the share of the debtor,spouse upon li"uidation of the community1 Art. 94. (hatever may be lost durin the marriae in any ame of chance! bettin! sweepsta)es! or any other )ind of amblin! whether permitted or prohibited by law! shall be borne by the loser and shall not be chared to the community but any winnins therefrom shall form part of the community property. Section 3. :wnership! Administrative! 7n'oyment and ;isposition of the Community Property Art. 96. $he administration and en'oyment of the community property shall belon to both spouses 'ointly. 5n case of disareement! the husband<s decision shall /*0 Ante,nuptial debts of either spouse insofar as they have redounded to the benefit of the family1 /#0 $he value of what is donated or promised by both spouses in favor of their common leitimate children for the e%clusive purpose of commencin or completin a professional or vocational course or other activity for self, improvement1 and =See Article 1--! pararaph - /90 7%penses of litiation between the spouses unless the suit is found to roundless. 5f the con'ual partnership is insufficient to cover the foreoin liabilities! the spouses shall be solidarily liable for the unpaid balance with their separate properties. Art. 1--. $he payment of personal debts contracted by the husband or the wife before or durin the marriae shall not be chared to the con'ual properties partnership e%cept insofar as they redounded to the benefit of the family. &either shall the fines and pecuniary indemnities imposed upon them be chared to the partnership. 2owever! the payment of personal debts contracted by either spouse before the marriae! that of fines and indemnities imposed upon them! as well as the support of illeitimate children of either spouse! may be enforced aainst the partnership assets after the responsibilities enumerated in the precedin Article have been covered! if the spouse who is bound should have no e%clusive property or if it should be insufficient1 but at the time of the li"uidation of the partnership! such spouse shall be chared for what has been paid for the purpose above, mentioned. Art. 1-3. (hatever may be lost durin the marriae in any ame of chance or in bettin! sweepsta)es! or any other )ind of amblin whether permitted or prohibited by law! shall be borne by the loser and shall not be chared to the con'ual partnership but any winnins therefrom shall form part of the con'ual partnership property. Section 4. Administration of the Con'ual Partnership Property Art. 1-3. $he administration and en'oyment of the con'ual partnership shall belon to both spouses 'ointly. prevail! sub'ect to recourse to the court by the wife for proper remedy! which must be availed of within five years from the date of the contract implementin such decision. 5n the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties! the other spouse may assume sole powers of administration. $hese powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. 5n the absence of such authority or consent! the disposition or encumbrance shall be void. 2owever! the transaction shall be construed as a continuin offer on the part of the consentin spouse and the third person! and may be perfected as a bindin contract upon the acceptance by the other spouse or authori>ation by the court before the offer is withdrawn by either or both offerors. /-+6a0 Art. 9*. 7ither spouse may dispose by will of his or her interest in the community property. Art. 9#. &either spouse may donate any community property without the consent of the other. 2owever! either spouse may! without the consent of the other! ma)e moderate donations from the community property for charity or on occasions of family re'oicin or family distress. Section 4. ;issolution of Absolute Community 8eime Art. 99. $he absolute community terminates. /10 Upon the death of either spouse1 /-0 (hen there is a decree of leal separation1 /30 (hen the marriae is annulled or declared void1 or /30 5n case of 'udicial separation of property durin the marriae under Articles 133 to 13#. /1*4a0 Art. 1++. $he separation in fact between husband and wife shall not affect the reime of absolute community e%cept that. /10 $he spouse who leaves the con'ual home or refuses to live therein! without 'ust cause! shall not have the riht to be supported1 /-0 (hen the consent of one spouse to any transaction of the other is re"uired by law! 'udicial authori>ation shall be obtained in a summary proceedin1 /30 5n the absence of sufficient community property! the separate property of both spouses shall be solidarily liable for the support of the family. $he spouse present shall! upon proper petition in a summary proceedin! be iven 'udicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter<s share. Art. 1+1. 5f a spouse without 'ust cause abandons the other or fails to comply with his or her obliations to the family! the arieved spouse may petition the court for receivership! for 'udicial separation of property or for authority to be the sole administrator of the absolute 5n case of disareement! the husband<s decision shall prevail! sub'ect to recourse to the court by the wife for proper remedy! which must be availed of within five years from the date of the contract implementin such decision. 5n the event that one spouse is incapacitated or otherwise unable to participate in the administration of the con'ual properties! the other spouse may assume sole powers of administration. $hese powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. 5n the absence of such authority or consent! the disposition or encumbrance shall be void. 2owever! the transaction shall be construed as a continuin offer on the part of the consentin spouse and the third person! and may be perfected as a bindin contract upon the acceptance by the other spouse or authori>ation by the court before the offer is withdrawn by either or both offerors. /164a0 Art. 1-4. &either spouse may donate any con'ual partnership property without the consent of the other. 2owever! either spouse may! without the consent of the other! ma)e moderate donations from the con'ual partnership property for charity or on occasions of family re'oicin or family distress. Section 6. ;issolution of Con'ual Partnership 8eime Art. 1-6. $he con'ual partnership terminates. /10 Upon the death of either spouse1 /-0 (hen there is a decree of leal separation1 /30 (hen the marriae is annulled or declared void1 or /30 5n case of 'udicial separation of property durin the marriae under Articles 133 to 13#. /1*4a0 Art. 1-*. $he separation in fact between husband and wife shall not affect the reime of con'ual partnership! e%cept that. /10 $he spouse who leaves the con'ual home or refuses to live therein! without 'ust cause! shall not have the riht to be supported1 /-0 (hen the consent of one spouse to any transaction of the other is re"uired by law! 'udicial authori>ation shall be obtained in a summary proceedin1 /30 5n the absence of sufficient con'ual partnership property! the separate property of both spouses shall be solidarily liable for the support of the family. $he spouse present shall! upon petition in a summary proceedin! be iven 'udicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter<s share. Art. 1-#. 5f a spouse without 'ust cause abandons the other or fails to comply with his or her obliation to the family! the arieved spouse may petition the court for receivership! for 'udicial separation of property! or for community! sub'ect to such precautionary conditions as the court may impose. $he obliations to the family mentioned in the precedin pararaph refer to marital! parental or property relations. A spouse is deemed to have abandoned the other when her or she has left the con'ual dwellin without intention of returnin. $he spouse who has left the con'ual dwellin for a period of three months or has failed within the same period to ive any information as to his or her whereabouts shall be prima facie presumed to have no intention of returnin to the con'ual dwellin. Section 6. 9i"uidation of the Absolute Community Assets and 9iabilities Art. 1+-. Upon dissolution of the absolute community reime! the followin procedure shall apply. /10 An inventory shall be prepared! listin separately all the properties of the absolute community and the e%clusive properties of each spouse. /-0 $he debts and obliations of the absolute community shall be paid out of its assets. 5n case of insufficiency of said assets! the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second pararaph of Article 93. /30 (hatever remains of the e%clusive properties of the spouses shall thereafter be delivered to each of them. /30 $he net remainder of the properties of the absolute community shall constitute its net assets! which shall be divided e"ually between husband and wife! unless a different proportion or division was areed upon in the marriae settlements! or unless there has been a voluntary waiver of such share provided in this Code. ?or purpose of computin the net profits sub'ect to forfeiture in accordance with Articles 33! &o. /-0 and 63! &o. /-0! the said profits shall be the increase in value between the mar)et value of the community property at authority to be the sole administrator of the con'ual partnership property! sub'ect to such precautionary conditions as the court may impose. $he obliations to the family mentioned in the precedin pararaph refer to marital! parental or property relations. A spouse is deemed to have abandoned the other when he or she has left the con'ual dwellin without intention of returnin. $he spouse who has left the con'ual dwellin for a period of three months or has failed within the same period to ive any information as to his or her whereabouts shall be prima facie presumed to have no intention of returnin to the con'ual dwellin. Section *. 9i"uidation of the Con'ual Partnership Assets and 9iabilities Art. 1-9. Upon the dissolution of the con'ual partnership reime! the followin procedure shall apply. /10 An inventory shall be prepared! listin separately all the properties of the con'ual partnership and the e%clusive properties of each spouse. /-0 Amounts advanced by the con'ual partnership in payment of personal debts and obliations of either spouse shall be credited to the con'ual partnership as an asset thereof. /30 7ach spouse shall be reimbursed for the use of his or her e%clusive funds in the ac"uisition of property or for the value of his or her e%clusive property! the ownership of which has been vested by law in the con'ual partnership. /30 $he debts and obliations of the con'ual partnership shall be paid out of the con'ual assets. 5n case of insufficiency of said assets! the spouses shall be solidarily liable for the unpaid balance with their separate properties! in accordance with the provisions of pararaph /-0 of Article 1-1. /40 (hatever remains of the e%clusive properties of the spouses shall thereafter be delivered to each of them. /60 Unless the owner had been indemnified from whatever source! the loss or deterioration of movables used for the benefit of the family! belonin to either spouse! even due to fortuitous event! shall be paid to said spouse from the con'ual funds! if any. /*0 $he net remainder of the con'ual partnership properties shall constitute the profits! which shall be divided e"ually between husband and wife! unless a different proportion or division was areed upon in the marriae settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. the time of the celebration of the marriae and the mar)et value at the time of its dissolution. /40 $he presumptive leitimes of the common children shall be delivered upon partition! in accordance with Article 41. /60 Unless otherwise areed upon by the parties! in the partition of the properties! the con'ual dwellin and the lot on which it is situated shall be ad'udicated to the spouse with whom the ma'ority of the common children choose to remain. Children below the ae of seven years are deemed to have chosen the mother! unless the court has decided otherwise. 5n case there in no such ma'ority! the court shall decide! ta)in into consideration the best interests of said children. /n0 Art. 1+3. Upon the termination of the marriae by death! the community property shall be li"uidated in the same proceedin for the settlement of the estate of the deceased. 5f no 'udicial settlement proceedin is instituted! the survivin spouse shall li"uidate the community property either 'udicially or e%tra,'udicially within one year from the death of the deceased spouse. 5f upon the lapse of such period! no li"uidation is made! any disposition or encumbrance involvin the community property of the terminated marriae shall be void. Should the survivin spouse contract a subse"uent marriae without compliance with the foreoin re"uirements! a mandatory reime of complete separation of property shall overn the property relations of the subse"uent marriae. Art. 1+3. (henever the li"uidation of the community properties of two or more marriaes contracted by the same person before the effectivity of this Code is carried out simultaneously! the respective capital! fruits and income of each community shall be determined upon such proof as may be considered accordin to the rules of evidence. 5n case of doubt as to which community the e%istin properties belon! the same shall be divided between the different communities in proportion to the capital and duration of each. /#0 $he presumptive leitimes of the common children shall be delivered upon the partition in accordance with Article 41. /90 5n the partition of the properties! the con'ual dwellin and the lot on which it is situated shall! unless otherwise areed upon by the parties! be ad'udicated to the spouse with whom the ma'ority of the common children choose to remain. Children below the ae of seven years are deemed to have chosen the mother! unless the court has decided otherwise. 5n case there is no such ma'ority! the court shall decide! ta)in into consideration the best interests of said children. Art. 13+. Upon the termination of the marriae by death! the con'ual partnership property shall be li"uidated in the same proceedin for the settlement of the estate of the deceased. 5f no 'udicial settlement proceedin is instituted! the survivin spouse shall li"uidate the con'ual partnership property either 'udicially or e%tra,'udicially within one year from the death of the deceased spouse. 5f upon the lapse of such period! no li"uidation is made! any disposition or encumbrance involvin the con'ual partnership property of the terminated marriae shall be void. Should the survivin spouse contract a subse"uent marriae without compliance with the foreoin re"uirements! a mandatory reime of complete separation of property shall overn the property relations of the subse"uent marriae. Art. 131. (henever the li"uidation of the con'ual partnership properties of two or more marriaes contracted by the same person before the effectivity of this Code is carried out simultaneously! the respective capital! fruits and income of each partnership shall be determined upon such proof as may be considered accordin to the rules of evidence. 5n case of doubt as to which partnership the e%istin properties belon! the same shall be divided between the different partnerships in proportion to the capital and duration of each./1#9a0 Art. 13-. $he 8ules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the con'ual partnership! and other matters which are not e%pressly determined in this Chapter. /1#*a0 Art. 133. ?rom the common mass of property support shall be iven to the survivin spouse and to the children durin the li"uidation of the inventoried property and until what belons to them is delivered1 but from this shall be deducted that amount received for support which e%ceeds the fruits or rents pertainin to them.