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System of Absolute Community

*General Provisions (Arts. 88-90)


*What Constitutes Community Property (Arts. 91-93 )

Prepared by: Arjay P. Capitle JD 1D


Judge Maria Zenaida Bernadette T.
Mendiola

Chapter 3 Section 1

System of Absolute Community

Also known as the absolute community;

Spouses are considered co-owners of ALL


properties brought into and acquired during
the marriage unless otherwise excluded
either by law (FC) or by marriage settlement;

Rules Governing
Absolute Community

This regime will govern the property


relations of the spouses in the following
instances:
1. Void regime agreed in the marriage
settlement
2. Agreed in the marriage settlement
3. No pre-nuptial agreement

WHAT IF

the regime of absolute community is


provided
for
in
the
marriage
settlement?
a
stipulation/matter
was
not
expressly provided for by the Family
Code, what law shall govern?
no marriage settlement was agreed
upon by the parties before the
celebration of the marriage, what
property regime shall govern?

Article 88Commencement of ACP

Absolute Community of Property shall


commence at the precise moment
that the marriage is celebrated
Any stipulation for the commencement
of ACP shall be VOID
This law erased the anomalous
situation in Art. 145 of the Civil Code.

Article 89- Prohibition on Waiver of


Rights, Interest, Shares and Effects

During the existence of the marriage,


there can be no changes in the
property relationship.
Modifications must be done prior to the
celebration
A valid waiver of rights of the absolute
community of property may be
executed after the marriage if done by
JUDICIAL ACTION

A Valid Waiver
The waiver must be in a judicial separation
of properties like in legal separation,
declaration of nullity or annulment of
marriage, in action for separation of
properties or for causes provided for by law.
For purposes of binding third persons, who
may be prejudiced by the waiver, it must be
notarized, recorded in the local civil
registrar and in the proper registries of
property.

Article 90- Suppletory Nature of CoOwnership Provisions in the Civil Code

The law provides for the property


regime in case of common-law
relationships or void marriages
Valdez v. RTC of Quezon City- the
property relationship shall be based on
the provisions on co-ownership in
cases of void marriages (even on the
grounds of psychological incapacity)

Chapter 3 Section 2
What Constitutes Community Property
COMMUNITY PROPERTY- Properties included
in the regime of absolute community which
are co-owned by the spouses.
The law provides for two kinds of properties
that shall form part of ACP, namely:
1. All properties owned by the spouses at the
time of the celebration of the marriage
2. All
properties
acquired
after
the
celebration of the marriage (ART. 91)

YES or NO?

May the spouses execute a marriage


settlement prior to the marriage and
adopt absolute community as their
property regime and agreed to exclude
properties they may have at the time of
the celebration and include therein only
the properties that they may acquire
during marriage?
How about the fruits and income of
these properties?

Article 92- Properties Excluded


from the Community Property

SEPARATE or EXCLUSIVE propertiesthose properties which are not included


in the absolute community.
Article 92 enumerated those separate
properties

1. Property acquired during the


marriage by Gratuitous Title
GRATUITOUS TITLE/PROPERTY
A property may have been donated to
one of the spouses by a third person
during the marriage.
Or such spouse may have inherited a
property during the marriage from
his/her parents

Property acquired during the


marriage by Gratuitous Title

Requisites to consider a property


acquired through gratuitous title to be
an exclusive or separate property:
Acquired by either spouse;
Acquired during marriage; and,
The donor, testator or grantor does not
expressly provide that they shall not
form part of the community property.

Property acquired during the


marriage by Gratuitous Title
EXCEPTION TO THE RULE:
If the donor, testator, or grantor
expressly provided that it shall form
part of the community property

2. Property for Personal


and Exclusive Use

Personal and Exclusive- shall be


interpreted in their ordinary meaning.
Shoes, clothes, perfumes, stockings,
etc.
EXCEPTION: Jewelries
Reason: because of their value

3. Properties by either spouse


who has legitimate descendants

The Family Code excludes from the


absolute community all of a spouses
property
acquired
prior
to
the
subsequent marriage if he/she has
legitimate descendants
The law includes the fruits and
interests of these properties.

Property acquired Prior


to the Marriage
Article 91 states that all properties
acquired prior to the marriage are included
in the community property.
Except:
1. those excluded in the marriage settlement
2. Personal and exclusive properties
3. Acquired by either spouse who has
legitimate descendants by a former
marriage

Article 93. Presumption in


Favor of Community Property

The law merely emphasizes the rule on


absolute community of properties that
properties acquired during the
marriage form part of their absolute
community of properties.

Thanks
be to
GOD!