CIVIL LAW REVIEWER 2019

VOID MARRIAGES VOIDABLE MARRIAGES LEGAL SEPARATION

ART 4: Art 45: Art 55:
1. Absence of essential requisites
a. Legal capacity, male and female 1. That the party in whose behalf it is sought to 7. Repeated physical violence or
b. consent have the marriage annulled was eighteen years of grossly abusive conduct
2. Absence of formal requisites age or over but below twenty-one, and the directed against the petitioner,
a. Solemnizing officer authority marriage was solemnized without the consent of a common child, or a child of
b. Marriage license the parents, guardian or person having the petitioner;
c. Marriage ceremony : substitute parental authority over the party, in 8. Physical violence or moral
appearance of contracting that order, unless after attaining the age of pressure to compel the
parties before solemnizing twenty-one, such party freely cohabited with the petitioner to change religious
officer, personal declaration, 2 other and both lived together as husband and or political affiliation;
or more witnesses of legal age wife; 9. Attempt of respondent to
ART 35: 2. That either party was of unsound mind, unless corrupt or induce the
1. Any party beloew 18 such party after coming to reason, freely petitioner, a common child, or
2. Solemnizer – not legally authorized cohabited with the other as husband and wife; a child of the petitioner, to
3. Lack of Valid Marriage License 3. That the consent of either party was obtained by engage in prostitution, or
4. Polygamous / Bigamous marriage fraud, unless such party afterwards, with full connivance in such corruption
5. Mistake in identity knowledge of the facts constituting the fraud, or inducement;
6. Non Compliance with Art 52 of the FC freely cohabited with the other as husband and 10. Final judgment sentencing the
(annulment/ /absolute nullity of wife; respondent to imprisonment
marriage, partition and distribution of of more than six years, even if
legitime and registry in civil a) Non-disclosure of a previous conviction pardoned;
reg./registry of deeds) by final judgment of the other party of a 11. Drug addiction or habitual
crime involving moral turpitude; alcoholism of the respondent;
ART 36: Psychological Incapacity b) Concealment by the wife of the fact that 12. Lesbianism or homosexuality
at the time of the marriage, she was of the respondent;
ART 37: Incestuous Marriage pregnant by a man other than her 13. Contracting by the respondent
husband; of a subsequent bigamous
1. Between ascendants and descendants c) Concealment of sexually transmissible marriage, whether in the
of any degree; and disease, regardless of its nature, existing Philippines or abroad;
2. Between brothers and sisters, whether at the time of the marriage; or 14. Sexual infidelity or perversion;
of the full or half blood. d) Concealment of drug addiction, habitual 15. Attempt by the respondent
alcoholism or homosexuality or against the life of the
Art 38: Against Public Policy lesbianism existing at the time of the petitioner; or
marriage. 16. Abandonment of petitioner by
1. Between collateral blood relatives respondent without justifiable
whether legitimate or illegitimate, up to 4. That the consent of either party was obtained by cause for more than one year.
the fourth civil degree; force, intimidation or undue influence, unless
2. Between step-parents and step- the same having disappeared or ceased, such
children;

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3. Between parents-in-law and children- party thereafter freely cohabited with the other
in-law; as husband and wife;
4. Between the adopting parent and the 5. That either party was physically incapable of
adopted child; consummating the marriage with the other, and
5. Between the surviving spouse of the such incapacity continues and appears to be
adopting parent and the adopted child; incurable; or
6. Between the surviving spouse of the 6. That either party was afflicted with a sexually-
adopted child and the adopter; transmissible disease found to be serious and
7. Between an adopted child and a appears to be incurable. (85a)
legitimate child of the adopter;
8. Between adopted children of the same
adopter; and
9. Between parties where one, with the
intention to marry the other, killed that
other person's spouse, or his or her own
spouse. (82)

OTHERS:

1. Same sex marriage

2. Nonappearance/proxy before
solemnizing officer
3. Sign marriage license without
solemnizing officer.

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ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP OF GAINS SEPARATION OF PROPERTY

PROPERTY
WHAT INCLUDED: INCLUDED Art. 134. In the absence of an
CONSTITUTES: express declaration in the
Art. 91. Unless otherwise provided in Art. 116. All property acquired during the marriage settlements, the
this Chapter or in the marriage marriage, whether the acquisition appears to separation of property between
settlements, the community property have been made, contracted or registered in spouses during the marriage
shall consist of all the property owned the name of one or both spouses, is presumed shall not take place except by
by the spouses at the time of the to be conjugal unless the contrary is proved. judicial order. Such judicial
celebration of the marriage or acquired (160a) separation of property may either
thereafter. (197a) be voluntary or for sufficient
Art. 117. The following are conjugal cause. (190a)
partnership properties:
EXCLUDED: Art. 135. Any of the following
(1) Those acquired by onerous title shall be considered sufficient
Art. 92. The following shall be excluded during the marriage at the expense of cause for judicial separation of
from the community property: the common fund, whether the property:
acquisition be for the partnership, or
(1) Property acquired during the for only one of the spouses; (1) That the spouse of the
marriage by gratuitous title by either petitioner has been
spouse, and the fruits as well as the (2) Those obtained from the labor, sentenced to a penalty
income thereof, if any, unless it is industry, work or profession of either which carries with it civil
expressly provided by the donor, or both of the spouses; interdiction;
testator or grantor that they shall form
part of the community property; (3) The fruits, natural, industrial, or (2) That the spouse of the
civil, due or received during the petitioner has been
(2) Property for personal and exclusive marriage from the common property, judicially declared an
use of either spouse. However, jewelry as well as the net fruits from the absentee;
shall form part of the community exclusive property of each spouse;
property; (3) That loss of parental
(4) The share of either spouse in the authority of the spouse of
(3) Property acquired before the hidden treasure which the law awards petitioner has been
marriage by either spouse who has to the finder or owner of the property decreed by the court;
legitimate descendants by a former where the treasure is found;
marriage, and the fruits as well as the (4) That the spouse of the
income, if any, of such property. (201a) (5) Those acquired through occupation petitioner has abandoned
such as fishing or hunting; the latter or failed to
Art. 93. Property acquired during the comply with his or her
marriage is presumed to belong to the obligations to the family
(6) Livestock existing upon the
community, unless it is proved that it is dissolution of the partnership in
one of those excluded therefrom. (160)
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excess of the number of each kind as provided for in Article
brought to the marriage by either 101;
spouse; and
(5) That the spouse
(7) Those which are acquired by granted the power of
chance, such as winnings from administration in the
gambling or betting. However, losses marriage settlements has
therefrom shall be borne exclusively abused that power; and
by the loser-spouse. (153a, 154a, 155,
159) (6) That at the time of the
petition, the spouses have
Art. 118. Property bought on installments been separated in fact for
paid partly from exclusive funds of either or at least one year and
both spouses and partly from conjugal funds reconciliation is highly
belongs to the buyer or buyers if full improbable.
ownership was vested before the marriage and
to the conjugal partnership if such ownership In the cases provided for in
was vested during the marriage. In either Numbers (1), (2) and (3), the
case, any amount advanced by the presentation of the final
partnership or by either or both spouses shall judgment against the guilty or
be reimbursed by the owner or owners upon absent spouse shall be enough
liquidation of the partnership. (n) basis for the grant of the decree of
judicial separation of property.
Art. 119. Whenever an amount or credit (191a)
payable within a period of time belongs to one
of the spouses, the sums which may be Art. 143. Should the future
collected during the marriage in partial spouses agree in the marriage
payments or by installments on the principal settlements that their property
shall be the exclusive property of the spouse. relations during marriage shall be
However, interests falling due during the governed by the regime of
marriage on the principal shall belong to the separation of property, the
conjugal partnership. (156a, 157a) provisions of this Chapter shall
be suppletory. (212a)
Art. 120. The ownership of improvements,
whether for utility or adornment, made on the
separate property of the spouses at the
expense of the partnership or through the acts
or efforts of either or both spouses shall
pertain to the conjugal partnership, or to the
original owner-spouse, subject to the
following rules:

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When the cost of the improvement made by
the conjugal partnership and any resulting
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
belong to the conjugal partnership, subject to
reimbursement of the value of the property of
the owner-spouse at the time of the
improvement; otherwise, said property shall
be retained in ownership by the owner-
spouse, likewise subject to reimbursement of
the cost of the improvement.

In either case, the ownership of the entire

property shall be vested upon the
reimbursement, which shall be made at the
time of the liquidation of the conjugal
partnership. (158a)

EXCLUDED

Art. 109. The following shall be the exclusive

property of each spouse:

4. That which is brought to the marriage

as his or her own;
5. That which each acquires during the
marriage by gratuitous title;
6. That which is acquired by right of
redemption, by barter or by exchange
with property belonging to only one of
the spouses; and
7. That which is purchased with
exclusive money of the wife or of the
husband. (148a)

Art. 110. The spouses retain the ownership,

possession, administration and enjoyment of
their exclusive properties.

Either spouse may, during the marriage,

transfer the administration of his or her
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exclusive property to the other by means of a
public instrument, which shall be recorded in
the registry of property of the place the
property is located. (137a, 168a, 169a)

Art. 111. A spouse of age may mortgage,

encumber, alienate or otherwise dispose of his
or her exclusive property, without the consent
of the other spouse, and appear alone in court
to litigate with regard to the same. (n)

Art. 112. The alienation of any exclusive

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. (n)

Art. 113. Property donated or left by will to the

spouses, jointly and with designation of
determinate shares, shall pertain to the
donee-spouses as his or her own exclusive
property, and in the absence of designation,
share and share alike, without prejudice to
the right of accretion when proper. (150a)

Art. 114. If the donations are onerous, the

amount of the charges shall be borne by the
exclusive property of the donee spouse,
whenever they have been advanced by the
conjugal partnership of gains. (151a)

Art. 115. Retirement benefits, pensions,

annuities, gratuities, usufructs and similar
benefits shall be governed by the rules on
gratuitous or onerous acquisitions as may be
proper in each case. (n)
CHARGES & Art. 94. The absolute community of Art. 121. The conjugal partnership shall be Art. 146. Both spouses shall bear
OBLIGATIONS property shall be liable for: liable for: the family expenses in proportion
to their income, or, in case of
1. The support of the spouses, their 1. The support of the spouse, their common insufficiency or default thereof, to
common children, and legitimate children, and the legitimate children of
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children of either spouse; however, either spouse; however, the support of the current market value of their
the support of illegitimate children illegitimate children shall be governed by separate properties.
shall be governed by the provisions the provisions of this Code on Support;
of this Code on Support; 2. All debts and obligations contracted The liabilities of the spouses to
2. All debts and obligations contracted during the marriage by the designated creditors for family expenses
during the marriage by the administrator-spouse for the benefit of the shall, however, be solidary
designated administrator-spouse conjugal partnership of gains, or by both
for the benefit of the community, or spouses or by one of them with the
by both spouses, or by one spouse consent of the other;
with the consent of the other; 3. Debts and obligations contracted by either
3. Debts and obligations contracted by spouse without the consent of the other to
either spouse without the consent of the extent that the family may have
the other to the extent that the benefited;
family may have been benefited; 4. All taxes, liens, charges, and expenses,
4. All taxes, liens, charges and including major or minor repairs upon the
expenses, including major or minor conjugal partnership property;
repairs, upon the community 5. All taxes and expenses for mere
property; preservation made during the marriage
5. All taxes and expenses for mere upon the separate property of either
preservation made during marriage spouse;
upon the separate property of either 6. Expenses to enable either spouse to
spouse used by the family; commence or complete a professional,
6. Expenses to enable either spouse to vocational, or other activity for self-
commence or complete a improvement;
professional or vocational course, or 7. Antenuptial debts of either spouse insofar
other activity for self-improvement; as they have redounded to the benefit of
7. Antenuptial debts of either spouse the family;
insofar as they have redounded to 8. The value of what is donated or promised
the benefit of the family; by both spouses in favor of their common
8. The value of what is donated or legitimate children for the exclusive
promised by both spouses in favor purpose of commencing or completing a
of their common legitimate children professional or vocational course or other
for the exclusive purpose of activity for self-improvement; and
commencing or completing a 9. Expenses of litigation between the
professional or vocational course or spouses unless the suit is found to
other activity for self-improvement; groundless.
9. Antenuptial debts of either spouse
other than those falling under If the conjugal partnership is insufficient to
paragraph (7) of this Article, the cover the foregoing liabilities, the spouses
support of illegitimate children of shall be solidarily liable for the unpaid
either spouse, and liabilities balance with their separate properties. (161a)
incurred by either spouse by reason
of a crime or a quasi-delict, in case

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of absence or insufficiency of the Art. 122. The payment of personal debts
exclusive property of the debtor- contracted by the husband or the wife before
spouse, the payment of which shall or during the marriage shall not be charged to
be considered as advances to be the conjugal properties partnership except
deducted from the share of the insofar as they redounded to the benefit of the
debtor-spouse upon liquidation of family.
the community; and
10. Expenses of litigation between the Neither shall the fines and pecuniary
spouses unless the suit is found to indemnities imposed upon them be charged to
be groundless. the partnership.

If the community property is However, the payment of personal debts

insufficient to cover the foregoing contracted by either spouse before the
liabilities, except those falling under marriage, that of fines and indemnities
paragraph (9), the spouses shall be imposed upon them, as well as the support of
solidarily liable for the unpaid balance illegitimate children of either spouse, may be
with their separate properties. (161a, enforced against the partnership assets after
162a, 163a, 202a-205a) the responsibilities enumerated in the
preceding Article have been covered, if the
Art. 95. Whatever may be lost during spouse who is bound should have no
the marriage in any game of chance, exclusive property or if it should be
betting, sweepstakes, or any other kind insufficient; but at the time of the liquidation
of gambling, whether permitted or of the partnership, such spouse shall be
prohibited by law, shall be borne by the charged for what has been paid for the
loser and shall not be charged to the purpose above-mentioned. (163a)
community but any winnings therefrom
shall form part of the community Art. 123. Whatever may be lost during the
property. (164a) marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling
whether permitted or prohibited by law, shall
be borne by the loser and shall not be charged
to the conjugal partnership but any winnings
therefrom shall form part of the conjugal
partnership property. (164a)
OWNERHSHIP, Art. 96. The administration and Art. 124. The administration and enjoyment of Art. 145. Each spouse shall own,
ADMINISRTATIVE, enjoyment of the community property the conjugal partnership shall belong to both dispose of, possess, administer
ENJOYMENT AND shall belong to both spouses jointly. In spouses jointly. In case of disagreement, the and enjoy his or her own separate
DISPOSITION OF case of disagreement, the husband's husband's decision shall prevail, subject to estate, without need of the
THE PROPERTY decision shall prevail, subject to recourse to the court by the wife for proper consent of the other. To each
recourse to the court by the wife for remedy, which must be availed of within five spouse shall belong all earnings
proper remedy, which must be availed from his or her profession,
business or industry and all

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of within five years from the date of the years from the date of the contract fruits, natural, industrial or civil,
contract implementing such decision. implementing such decision. due or received during the
marriage from his or her separate
In the event that one spouse is In the event that one spouse is incapacitated property. (214a)
incapacitated or otherwise unable to or otherwise unable to participate in the
participate in the administration of the administration of the conjugal properties, the
common properties, the other spouse other spouse may assume sole powers of
may assume sole powers of administration. These powers do not include
administration. These powers do not disposition or encumbrance without authority
include disposition or encumbrance of the court or the written consent of the other
without authority of the court or the spouse. In the absence of such authority or
written consent of the other spouse. In consent, the disposition or encumbrance shall
the absence of such authority or be void. However, the transaction shall be
consent, the disposition or construed as a continuing offer on the part of
encumbrance shall be void. However, the consenting spouse and the third person,
the transaction shall be construed as a and may be perfected as a binding contract
continuing offer on the part of the upon the acceptance by the other spouse or
consenting spouse and the third authorization by the court before the offer is
person, and may be perfected as a withdrawn by either or both offerors. (165a)
binding contract upon the acceptance
by the other spouse or authorization by Art. 125. Neither spouse may donate any
the court before the offer is withdrawn conjugal partnership property without the
by either or both offerors. (206a) consent of the other. However, either spouse
may, without the consent of the other, make
Art. 97. Either spouse may dispose by moderate donations from the conjugal
will of his or her interest in the partnership property for charity or on
community property. (n) occasions of family rejoicing or family distress.
(174a)
Art. 98. Neither spouse may donate any
community property without the
consent of the other. However, either
spouse may, without the consent of the
other, make moderate donations from
the community property for charity or
on occasions of family rejoicing or
family distress. (n)
DISSOLUTION Art. 99. The absolute community Art. 126. The conjugal partnership
terminates: terminates:

(1) Upon the death of either (1) Upon the death of either spouse;
spouse;

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(2) When there is a decree of (2) When there is a decree of legal
legal separation; separation;

(3) When the marriage is (3) When the marriage is annulled or

annulled or declared void; or declared void; or

(4) In case of judicial separation (4) In case of judicial separation of

of property during the marriage property during the marriage under
under Article 134 to 138. (175a) Articles 134 to 138 (175a)

Art. 100. The separation in fact between Art. 127. The separation in fact between
husband and wife shall not affect the husband and wife shall not affect the regime
regime of absolute community except of conjugal partnership, except that:
that:
(1) The spouse who leaves the conjugal
(1) The spouse who leaves the home or refuses to live therein,
conjugal home or refuses to live without just cause, shall not have the
therein, without just cause, right to be supported;
shall not have the right to be
supported; (2) When the consent of one spouse to
any transaction of the other is
(2) When the consent of one required by law, judicial authorization
spouse to any transaction of the shall be obtained in a summary
other is required by law, judicial proceeding;
authorization shall be obtained
in a summary proceeding; (3) In the absence of sufficient conjugal
partnership property, the separate
(3) In the absence of sufficient property of both spouses shall be
community property, the solidarily liable for the support of the
separate property of both family. The spouse present shall, upon
spouses shall be solidarily liable petition in a summary proceeding, be
for the support of the family. given judicial authority to administer
The spouse present shall, upon or encumber any specific separate
proper petition in a summary property of the other spouse and use
proceeding, be given judicial the fruits or proceeds thereof to satisfy
authority to administer or the latter's share. (178a)
encumber any specific separate
property of the other spouse and Art. 128. If a spouse without just cause
use the fruits or proceeds abandons the other or fails to comply with his
thereof to satisfy the latter's or her obligation to the family, the aggrieved
share. (178a) spouse may petition the court for receivership,
for judicial separation of property, or for
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Art. 101. If a spouse without just cause authority to be the sole administrator of the
abandons the other or fails to comply conjugal partnership property, subject to
with his or her obligations to the family, such precautionary conditions as the court
the aggrieved spouse may petition the may impose.
court for receivership, for judicial
separation of property or for authority The obligations to the family mentioned in the
to be the sole administrator of the preceding paragraph refer to marital, parental
absolute community, subject to such or property relations.
precautionary conditions as the court
may impose. A spouse is deemed to have abandoned the
other when he or she has left the conjugal
The obligations to the family mentioned dwelling without intention of returning. The
in the preceding paragraph refer to spouse who has left the conjugal dwelling for
marital, parental or property relations. a period of three months or has failed within
the same period to give any information as to
A spouse is deemed to have abandoned his or her whereabouts shall be prima facie
the other when her or she has left the presumed to have no intention of returning to
conjugal dwelling without intention of the conjugal dwelling. (167a, 191a)
returning. The spouse who has left the
conjugal dwelling for a period of three
months or has failed within the same
period to give any information as to his
or her whereabouts shall be prima facie
presumed to have no intention of
returning to the conjugal dwelling.
(178a)
LIQUIDATION Art. 102. Upon dissolution of the Art. 129. Upon the dissolution of the conjugal
absolute community regime, the partnership regime, the following procedure
following procedure shall apply: shall apply:

1. An inventory shall be prepared, 1. An inventory shall be prepared, listing

listing separately all the properties separately all the properties of the
of the absolute community and the conjugal partnership and the exclusive
exclusive properties of each properties of each spouse.
spouse. 2. Amounts advanced by the conjugal
2. The debts and obligations of the partnership in payment of personal debts
absolute community shall be paid and obligations of either spouse shall be
out of its assets. In case of credited to the conjugal partnership as an
insufficiency of said assets, the asset thereof.
spouses shall be solidarily liable for 3. Each spouse shall be reimbursed for the
the unpaid balance with their use of his or her exclusive funds in the
separate properties in accordance acquisition of property or for the value of

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with the provisions of the second his or her exclusive property, the
paragraph of Article 94. ownership of which has been vested by
3. Whatever remains of the exclusive law in the conjugal partnership.
properties of the spouses shall 4. The debts and obligations of the conjugal
thereafter be delivered to each of partnership shall be paid out of the
them. conjugal assets. In case of insufficiency of
4. The net remainder of the properties said assets, the spouses shall be solidarily
of the absolute community shall liable for the unpaid balance with their
constitute its net assets, which separate properties, in accordance with
shall be divided equally between the provisions of paragraph (2) of Article
husband and wife, unless a 121.
different proportion or division was 5. Whatever remains of the exclusive
agreed upon in the marriage properties of the spouses shall thereafter
settlements, or unless there has be delivered to each of them.
been a voluntary waiver of such 6. Unless the owner had been indemnified
share provided in this Code. For from whatever source, the loss or
purpose of computing the net deterioration of movables used for the
profits subject to forfeiture in benefit of the family, belonging to either
accordance with Articles 43, No. (2) spouse, even due to fortuitous event, shall
and 63, No. (2), the said profits shall be paid to said spouse from the conjugal
be the increase in value between the funds, if any.
market value of the community 7. The net remainder of the conjugal
property at the time of the partnership properties shall constitute the
celebration of the marriage and the profits, which shall be divided equally
market value at the time of its between husband and wife, unless a
dissolution. different proportion or division was agreed
5. The presumptive legitimes of the upon in the marriage settlements or
common children shall be delivered unless there has been a voluntary waiver
upon partition, in accordance with or forfeiture of such share as provided in
Article 51. this Code.
6. Unless otherwise agreed upon by 8. The presumptive legitimes of the common
the parties, in the partition of the children shall be delivered upon the
properties, the conjugal dwelling partition in accordance with Article 51.
and the lot on which it is situated 9. In the partition of the properties, the
shall be adjudicated to the spouse conjugal dwelling and the lot on which it
with whom the majority of the is situated shall, unless otherwise agreed
common children choose to remain. upon by the parties, be adjudicated to the
Children below the age of seven spouse with whom the majority of the
years are deemed to have chosen common children choose to remain.
the mother, unless the court has Children below the age of seven years are
decided otherwise. In case there in deemed to have chosen the mother, unless
no such majority, the court shall the court has decided otherwise. In case
decide, taking into consideration there is no such majority, the court shall

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the best interests of said children. decide, taking into consideration the best
(n) interests of said children. (181a, 182a,
183a, 184a, 185a)
Art. 103. Upon the termination of the
marriage by death, the community Art. 130. Upon the termination of the
property shall be liquidated in the same marriage by death, the conjugal partnership
proceeding for the settlement of the property shall be liquidated in the same
estate of the deceased. proceeding for the settlement of the estate of
the deceased.
If no judicial settlement proceeding is
instituted, the surviving spouse shall If no judicial settlement proceeding is
liquidate the community property either instituted, the surviving spouse shall
judicially or extra-judicially within six liquidate the conjugal partnership property
months from the death of the deceased either judicially or extra-judicially within six
spouse. If upon the lapse of the six months from the death of the deceased
months period, no liquidation is made, spouse. If upon the lapse of the six-month
any disposition or encumbrance period no liquidation is made, any disposition
involving the community property of the or encumbrance involving the conjugal
terminated marriage shall be void. partnership property of the terminated
marriage shall be void.
Should the surviving spouse contract a
subsequent marriage without Should the surviving spouse contract a
compliance with the foregoing subsequent marriage without compliance
requirements, a mandatory regime of with the foregoing requirements, a mandatory
complete separation of property shall regime of complete separation of property
govern the property relations of the shall govern the property relations of the
subsequent marriage. (n) subsequent marriage. (n)

Art. 104. Whenever the liquidation of Art. 131. Whenever the liquidation of the
the community properties of two or conjugal partnership properties of two or more
more marriages contracted by the same marriages contracted by the same person
person before the effectivity of this Code before the effectivity of this Code is carried out
is carried out simultaneously, the simultaneously, the respective capital, fruits
respective capital, fruits and income of and income of each partnership shall be
each community shall be determined determined upon such proof as may be
upon such proof as may be considered considered according to the rules of evidence.
according to the rules of evidence. In In case of doubt as to which partnership the
case of doubt as to which community existing properties belong, the same shall be
the existing properties belong, the same divided between the different partnerships in
shall be divided between the different proportion to the capital and duration of each.
communities in proportion to the (189a)
capital and duration of each. (189a)

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Art. 132. The Rules of Court on the
administration of estates of deceased persons
shall be observed in the appraisal and sale of
property of the conjugal partnership, and
other matters which are not expressly
determined in this Chapter. (187a)

Art. 133. From the common mass of property

support shall be given to the surviving spouse
and to the children during the liquidation of
the inventoried property and until what
belongs to them is delivered; but from this
shall be deducted that amount received for
support which exceeds the fruits or rents
pertaining to them. (188a)

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