Francis Therese R.

Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:
Conjugal Partnership of Complete Separation of
The following aspects: Absolute Community of Property
Gains Property
- All properties owned by the contracting parties -The specific property regime is applicable at -The specific property regime is
before the marriage ceremony and those which they the precise moment when the marriage applicable once the finality of the decision
acquire thereafter shall comprise the absolute ceremony is celebrated. The hour of the of the Court decreeing the separation
community of property regime. Also in a partial marriage is considered not the date. which dissolves the same. Thus, it is only
1. When is the specific property
separation of property regime, the property not agreed from that time that the complete
regime applicable? upon as separate shall pertain to the absolute separation of property is applies.
community.

The community property constitutes in the marriage The community property will constitute by the After the dissolution of the absolute
settlement, which consist of all the properties owned rules on the contract that is not in conflict with community of property or the conjugal
2. What constitutes the community by the spouses at the time of celebration of the what is expressly stated on the chapter 4 or partnership gains, the complete separation
property? marriage or acquired thereafter. through their marriage settlement. of property shall constitute.

3. What properties are excluded These properties are not included in the community EXCLUSIVE PROPERTY OF EACH The properties included are the parties
from community property? properties: SPOUSE agreed on the extent of their separation of
property regime. It may involve present or
1. Property (inclusive of fruits and income thereof) 1. Property that is brought to the marriage as future property or both. It may also be
acquired during the marriage by gratuitous title, except his/ her own; total or partial. Except, if it is partial, the
when the donor, testator or grantor expressly provides property not agreed upon as separate
otherwise; 2. Property acquired during the marriage by shall constitute in the absolute
gratuitous title; community.
2. Property acquired before the marriage by either
spouse who has legitimate descendants by a former 3. Property acquired by right of redemption,
marriage; and barter or exchange with property belonging to
either spouse; and
3. Property for personal and exclusive use except
jewelry. 4. Property purchased with exclusive money of
either spouse.

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:

4. What are the charges upon Charges Upon the Community Properties: [Article CHARGES UPON THE CONJUGAL Charges upon the Complete Separation
and/or obligations of the 94 FCP] PARTNERSHIP of property:
community property?
1. The support of the spouses, their common children, The conjugal partnership shall be liable for: 1. The separation shall not prejudice
and the legitimate children of either spouse; the rights previously acquired by
however, the support of illegitimate children shall be 1. The support of the spouses, their common the creditors.
governed by the provisions of this code on support; children, and the legitimate children of either 2. If there has been a waiver on the
spouse; however, the support of illegitimate part of one of the spouses, the
2. All debts and obligations contracted during the children shall be governed by the provisions of creditor of the spouse who made
marriage by the designated administrator-spouse for this Code on Support. such waiver may petition to
the benefit of the community, or by both rescind the waiver to the court to
spouses or by one of them with the consent 2. All debts and obligations contracted during the extent that sufficient amount
of the other; the marriage by the designated administrator- may covered the credit.
spouse for the benefit of the conjugal
3. Debts and obligations contracted by either spouse partnership of gains, or by both spouses or by
without the consent of the other to the extent that the one of them with the consent of the other;
family may have benefited;
3. Debts and obligations contracted by either
4. All taxes, liens, charges, and expenses, including spouse without the consent of the other to the
extent that the family may have been
major or minor repairs upon the conjugal partnership
benefited;
property;
4. All taxes, liens, charges and expenses,
5. All taxes and expenses for mere
including major or minor repairs upon the
preservation made during marriage upon the conjugal partnership property;
separate property of either spouse USED BY
THE FAMILY; 5. All taxes and expenses for mere
preservation made during the marriage upon
6. Expenses to enable either spouse to commence or the separate property of either spouse;
complete a professional, vocational, or other
activity for self-improvement 6. Expenses to enable either spouse to
commence or complete a profession,
7. Ante-nuptial debts of either spouse insofar as they

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:
have redounded to the benefit of the family vocational, or other activity for self-
improvement.
8. The value of what is donated or promised by both
spouses in favor of their common legitimate children 7. Ante-nuptial debts of either spouse insofar
for the exclusive purpose of commencing or as they have redounded to the benefit of the
completing a professional or vocational course or other family;
activity for self-improvement; and
8. The value of what is donated or promised by
9. Expenses of litigation between the spouses unless both spouses in favor of their common
the suit is found to be groundless. legitimate children for the exclusive purpose of
commencing or completing a professional or
10. If the community property is insufficient to cover vocational course or other activity for self-
the foregoing liabilities the spouses shall be solitarily improvement; and
liable for the unpaid balance with their separate
properties. 9. Expenses of litigation between the spouses
unless the suit is found to be groundless.

Charges to be advance by ACP. In case the The charges are also THE SAME if the
separate properties of the guilty or liable property regime is absolute community
spouse are not enough to answer of these enumerated above, except the following:
liabilities, the ACP shall advance the payments
subject to deduction from the share of the 1. All taxes and expenses for mere
guilty spouse upon liquidation of the preservation made during marriage upon
community; the separate property of either spouse is
chargeable WITHOUT THE
Ante-nuptial debts of either spouse that did not QUALIFICATION THAT APPLIES TO
redound to the benefit of the family; ABSOLUTE COMMUNITY PROPERTY
that it is used by the family;
The support of the illegitimate children of
2. Ante-nuptial debts that do not redound to
either spouse;
the benefit of the family (payment of
personal debts contracted by either spouse
Liabilities incurred by either spouse by reason

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:
of a crime or a quasi-delict. before the marriage, that of fines and
indemnities imposed upon them, as well as
the support of illegitimate children of either
spouse) may be enforced against the
PARTNERSHIP assets AFTER THE
ENUMERATED RESPONSIBILITIES
have been covered, if the spouse who is
bound should have no exclusive property of
if it should be insufficient. There is no such
qualification for Absolute Community
Property.

5. Administration, enjoyment and ADMINISTRATION: ADMINISTRATION:  Each spouse shall administer,

disposition of community enjoy and dispose on his or her
The spouses shall have JOINT administration of the The spouses shall have JOINT administration own estate, without the need of
property. community properties including disposition and of the community properties including the consent of the other.
encumbrance subject to the following rules: disposition and encumbrance subject to the  Each spouse shall belong all
following rules: earnings from his or her
1. In case of disagreement, husband’s decision shall profession, during his or her
prevail. 1. In case of disagreement, husband’s marriage or her separate property.
decision shall prevail.
2. In case one spouse is incapacitated or unable to
participate in the administration of the common 2. In case one spouse is incapacitated or
properties, other spouse may assume sole powers. unable to participate in the
administration of the common
3. Any donation is void if without the written consent properties, other spouse may assume
of the other spouse. sole powers.

3. In the absence of such authority or

consent, the disposition or
encumbrance shall be void.

4. The transaction shall be construed as a

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:
continuing offer on the part of the
consenting spouse and the 3rd person.

DISSOLUTION OF ABSOLUTE COMMUNITY. DISSOLUTION OF CONJUGAL Separation in fact is not a ground for
PARTNERSHIP GAINS. dissolution. Abandonment by one spouse
The grounds for dissolution are: is not a ground for dissolution. However,
The grounds for dissolution are: the spouse who abandoned will not be
1. Death of either spouse entitled to support and the aggrieved
2. Legal separation 1. Death of either spouse spouse may file any of the following:
3. Annulment of declaration of nullity of marriage; 2. Legal separation
Judicial separation of property 3. Annulment of declaration of nullity of 1. Petition for receivership,
marriage;
4. Judicial separation of property 2. Judicial separation
6. When is the property regime
dissolved or terminated 3. Petition for authority to be the sole
administrator

THERE IS ABANDONMENT IF THE

SPOUSE LEAVES WITHOUT INTENT
TO RETURN. THIS ABSENCE OF
INTENT IS PRESUMED IF THE
SPOUSE DOES NOT RETURN FOR 3
MONTHS.

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:
7. Debts and obligations for which The absolute community of property shall be liable: The conjugal partnership of gains shall be The complete separation of property shall
the community property will be liable: be liable:
1. If such debt or obligation were contracted
liable upon dissolution of the during the marriage by both spouses or by 1. If the debts and obligations redounded 1. If the spouse has previously
property regime. anyone of them with the express or implied to the benefits of the family such as, acquired credit.
consent of the other. medical and hospital expenses of the 2. If the spouse has a waiver relative
spouses. to the property in the regime
2. If there is no consent of the other spouse, the 2. If the obligor has no exclusive sought to be liquidated, any
absolute community of property shall be liable property or the same is insufficient. creditor of the spouse who made
to the extent that the family may have been 3. For the personal debts, fines and the waiver may petition to the
benefited. indemnities of either spouse only after court to rescind the waiver to the
payment of all the liabilities of the extent of the amount sufficient to
3. If the debt or obligation were contracted prior conjugal partnership under article cover the amount credit.
to the marriage. 121.
4. On the funeral expenses if the
4. If any loss resulting from the exercise of a deceased is one of the spouses.
profession or family business by any of the
spouses.

5. If the separate property of the spouse is

insufficient.

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Francis Therese R. Rosales
USJR JD-1

A. The three (3) community property relations, i.e. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property,
with emphasis on the following aspects (when applicable) for each property regime:

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