Absolute Community Property Difference Conjugal Partnership Gains

Default property regime under the Default Default property regime under the Old
Family Code, in the absence of Property Civil Code
marriage settlement, or when the Regime
regime agreed upon is void

Art. 88. The absolute community of Commencemen Art. 88. The absolute community of

property between spouses shall t property between spouses shall
commence at the precise moment commence at the precise moment that
that the marriage is celebrated. Any the marriage is celebrated. Any
stipulation, express or implied, for stipulation, express or implied, for the
the commencement of the commencement of the community
community regime at any other time regime at any other time shall be void.
shall be void.

Art. 91, FC. Unless otherwise What Art. 106,FC. Under the regime of
provided in this Chapter or in the constitutes conjugal partnership of gains, the
marriage settlements, the community ACP/CPG husband and wife place in a common
property shall consist of fund the
  all the property owned by the spouses   proceeds, products, fruits and income
at the time of the celebration of the from their separate properties and
marriage or   those acquired by either or both spouses
  acquired thereafter. through their efforts or by chance, and,
  including winnings from   upon dissolution of the marriage or of
gambling (Art. 95, FC) the partnership, the net gains or
benefits obtained by either or both
spouses shall be divided equally
  basically EVERYTHING, hence no need between them, unless otherwise
to worry about interest, winnings, agreed in the marriage settlements.
fines, etc.(see Articles 106, 115, 118,
119, 120) Art. 117. The following are conjugal
partnership properties:
1)        Those acquired by onerous title
during the marriage at the expense of
the common fund, whether the
acquisition be for the partnership, or
for only one of the spouses;
2)       Those obtained from the labor,
industry, work or profession of either
or both of the spouses;
3)       The 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 of each spouse;
4)       The share of either spouse in the
hidden treasure which the law awards
to the finder or owner of the property
where the treasure is found;
 5)       Those acquired through occupation
such as fishing or hunting;
6)       Livestock existing upon the
dissolution of the partnership in excess
of the number of each kind brought to
the marriage by either spouse; and
7)       Those which are acquired by chance,
such as winnings from gambling or
betting. However, losses therefrom
shall be borne exclusively by the loser-
spouse. 

Including: (Family Code)

  Art. 118. Property bought on
installments paid party from exclusive
funds of either spouses and arty from
conjugal funds, if full ownership was
vested DURING the marriage (subj to
reimbursement upon liquidation of
partnership)
  Art. 119. Interest falling due DURING
the marriage, accruing from a credit
payable to the spouse (but the
principal belongs exclusively to the
creditor-spouse)
  Art. 120. Ownership of improvements
(whether for utility or adornment) on
the separate property of the spouses at
the expense of the partnership or
through the acts/efforts of either or
both spouses belong to the CPG OR the
owner-spouse subject to
reimbursement

Art. 92, FC. The following shall be Exclusions FC Art. 109. The following shall be the
excluded from the community exclusive property of each spouse:
property: 1)        That which is brought to the
1)        Property acquired during the marriage as his or her own;
marriage by gratuitous title by either 2)       That which each acquires during the
spouse, and the fruits as well as the marriage by gratuitous title;
income thereof, if any, unless it is 3)       That which is acquired by right of
expressly provided by the donor, redemption, by barter or by exchange
testator or grantor that they shall with property belonging to only one of
form part of the community the spouses; and
property; 4)       That which is purchased with
2)       Property for personal and exclusive money of the wife or of the
exclusive use of either spouse. husband.
However, jewelry shall form part of
the community property; Also:
3)       Property acquired before the   Art. 122. Payment of personal debts of
 marriage by either spouse who has H/W before/during the marriage
legitimatedescendants by a former which has NOT redounded to the
marriage, and the fruits as well as the benefit of the family
income, if any, of such property.   Art. 122. Fines and pecuniary
indemnities imposed upon the H/W
  Art. 92 (1) even fruits are excluded
  Art. 109 (2) only the property is
excluded but its fruits belong to the
CPG
Art. 90, FC. The provisions on CO- Suppletory FC  Art. 108. The conjugal partnership
OWNERSHIP shall apply to the Rule shall be governed by the rules on the
absolute community of property contract of PARTNERSHIP in all that is
between the spouses in all matters not in conflict with what is expressly
not provided for in this Chapter.  determined in this Chapter or by the
spouses in their marriage settlements.
  Hence, simply divide by two
  Still have to worry about who uses, who
pays, etc.
FC Art. 93. Property acquired during Presumption Article 160, NCC. All property of the
the marriage is presumed to belong marriage is presumed to belong to the
to the community, unless it is proved conjugal partnership, unless it be
that it is one of those excluded proved that it pertains exclusively to
therefrom. the husband or to the wife.

FC Art. 94. The absolute community Charges from Art. 121. The conjugal partnership
of property shall be liable for: ACP/CPG shall be liable for:
1)        The support of the spouses, their 1)        The support of the spouse, their
common children, and legitimate NOTE:Art. 94 common children, and the legitimate
children of either spouse; however, (5) vs. Art. 121 children of either spouse; however, the
the support of illegitimate children (5) support of illegitimate children shall be
shall be governed by the provisions governed by the provisions of this
of this Code on Support; Art. 94 has #9 Code on Support;
2)       All debts and while Art. 121 2)       All debts and obligations contracted
obligations contracted during the has no such during the marriage by the designated
marriage by the designated provision. Such administrator-spouse for the benefit of
administrator-spouse for provision for the conjugal partnership of gains, or by
the benefit of the community, or by CPG is found in both spouses or by one of them with
both spouses, or by one spouse with Art. 122. the consent of the other;
the consent of the other; 3)       Debts and obligations contracted by
3)       Debts and obligations contracted either spouse without the consent of
by either spouse without the the other to the extent that the family
consent of the other to the extent may have benefited;
that the family may have 4)       All taxes, liens, charges, and
been benefited; expenses, including major or minor
4)       All taxes, liens, charges and repairs upon the conjugal partnership
expenses, including major or minor property;
repairs, upon the community 5)       All taxes and expenses for mere
property; preservation made during the
5)       All taxes and expenses for mere marriage upon the separate property
 preservation made during marriage of either 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 vocational, or other activity for self-
tocommence or complete a improvement;
professional or vocational course, or 7)       Antenuptial debts of either spouse
other activity for self-improvement; insofar as they have redounded to the
7)       Antenuptial debts of either spouse benefit of the family;
insofar as they have redounded to 8)       The value of what is donated or
the benefit of the family; promised by both spouses in favor of
8)       The value of what is donated or their common legitimate children for
promised by both spouses in favor of the exclusive purpose of commencing
their common legitimate children for or completing a professional or
the exclusive purpose of commencing vocational course or other activity for
or completing a professional self-improvement; and
or vocational course or other activity 9)       Expenses of litigation between the
for self-improvement; spouses unless the suit is found to
9)       Antenuptial debts of either spouse groundless.
other than those falling under
paragraph (7) of this Article, If the conjugal partnership is
thesupport of illegitimate children of insufficient to cover the foregoing
either spouse, and liabilities incurred liabilities, the spouses shall be
by either spouse by reason of a crime solidarily liable for the unpaid balance
or a quasi-delict, in case of absence with their separate properties.
or insufficiency of the exclusive
property of the debtor-spouse, the Including:
payment of which shall be   Art. 122. Payment of personal debts of
considered as advancesto be H/W before/during the marriage
deducted from the share of the insofar as they redounded to the
debtor-spouse upon liquidation of benefit of the family
the community; and   Art. 122. Personal debts, fines and
10)    Expenses of litigation between the indemnities, support of illegitimate
spouses unless the suit is found to be children of either spouse, may be
groundless. enforced against the partnership upon
the ff conditions:
If the community property is 1)        After the responsibilities under Art.
insufficient to cover the foregoing 121 are paid, AND
liabilities, except those falling under 2)       If the spouse has no exclusive
paragraph (9), the spouses shall be property or sufficient property
solidarily liable for the unpaid 3)       Provided, that these will be charged
balance with their separate to the spouse upon liquidation of the
properties.  partnership

FC Art. 96. The administration and Ownership, FC Art. 124. The administration and
enjoyment of the community Administration enjoyment of the conjugal partnership
property shall belong to both & enjoyment shall belong to both spouses jointly.
spouses jointly.          Same as Art. 96
         Disagreement: husband's decision
shall prevail, subject to recourse to FC Art. 142. The administration of all
the court by the wife for proper classes of exclusive property of either
 remedy, which must be availed of spouse may be transferred by the court
within five years from the date of the to the other spouse:
contract implementing such decision. 1)        When one spouse becomes
         One spouse is the guardian of the other;
incapacitated/unable to participate 2)       When one spouse is judicially
in the administration of the conjugal declared an absentee;
properties: the other spouse may 3)       When one spouse is sentenced to a
assume sole powers of penalty which carries with it civil
administration. These powers do not interdiction; or
include disposition or encumbrance 4)       When one spouse becomes a fugitive
without authority of the court or the from justice or is in hiding as an
written consent of the other spouse. accused in a criminal case.
In the absence of such authority or
consent, the disposition or If the other spouse is not qualified by
encumbrance shall be void. However, reason of incompetence, conflict of
the transaction shall be construed as interest, or any other just cause, the
a continuing offer on the part of the court shall appoint a suitable person to
consenting spouse and the third be theadministrator.
person, and may be perfected as a
binding contract upon the acceptance
by the other spouse or authorization
by the court before the offer is
withdrawn by either or both
offerors. 

Art. 100 (3) FC. In the absence of Support of Art. 127 (3). In the absence of
sufficient community property, the family in case sufficient conjugal partnership
separate property of both spouses of separation in property, the separate property of both
shall be solidarily liable for the fact bet. H&W spouses shall be solidarily liable for the
support of the family. The spouse support of the family. The spouse
present shall, upon proper petition in present shall, upon petition in a
a summary proceeding, be given summary proceeding, be given judicial
judicial authority to administer or authority to administer or encumber
encumber any specific separate any specific separate property of the
property of the other spouse and use other spouse and use the fruits or
the fruits or proceeds thereof to proceeds thereof to satisfy the latter's
satisfy the latter's share. share.

Art. 99. The absolute community Termination FC Art. 126. The conjugal partnership
terminates: terminates:
1)        Upon the death of either spouse; 1)        Upon the death of either spouse;
2)       When there is a decree of legal 2)       When there is a decree of legal
separation; separation;
3)       When the marriage is annulled or 3)       When the marriage is annulled or
declared void; or declared void; or
4)       In case of judicial separation of 4)       In case of judicial separation of
property during the marriage under property during the marriage under
Article 134 to 138. Articles 134 to 138.
 Art. 102. Upon dissolution of the Dissolution Art. 129. Upon the dissolution of the
absolute community regime, the conjugal partnership regime, the
following procedure shall apply: NOTE: Art. 102 following procedure shall apply:
1)        An inventory shall be prepared, (5) and Art. 1)        An inventory shall be prepared,
listing separately all the properties of 129 (8) apply listing separately all the properties of
the absolute community and the only in Articles the conjugal partnership and the
exclusive properties of each spouse. 40 and 45. exclusive properties of each spouse.
2)       The debts and obligations of the 2)       Amounts advanced by the conjugal
absolute community shall be paid out partnership in payment of personal
of its assets. In case of insufficiency of debts and obligations of either spouse
said assets, the spouses shall be shall be credited to the conjugal
solidarily liable for the unpaid partnership as an asset thereof.
balance with their separate 3)       Each spouse shall be reimbursed for
properties in accordance with the the use of his or her exclusive funds in
provisions of the second paragraph the acquisition of property or for the
of Article 94. value of his or her exclusive property,
3)       Whatever remains of the exclusive the ownership of which has been
properties of the spouses shall vested by law in the conjugal
thereafter be delivered to each of partnership.
them. 4)       The debts and obligations of the
4)       The net remainder of the conjugal partnership shall be paid out
properties of the absolute of the conjugal assets. In case of
community shall constitute its net insufficiency of said assets, the spouses
assets, which shall be divided equally shall be solidarily liable for the unpaid
between husband and wife, unless a balance with their separate properties,
different proportion or division was in accordance with the provisions of
agreed upon in the marriage paragraph (2) of Article 121.
settlements, or unless there has been 5)       Whatever remains of the exclusive
a voluntary waiver of such share properties of the spouses shall
provided in this Code. For purpose of thereafter be delivered to each of
computing the net profits subject to them.
forfeiture in accordance with Articles 6)       Unless the owner had been
43, No. (2) and 63, No. (2), the said indemnified from whatever source, the
profits shall be the increase in value loss or deterioration of movables used
between the market value of the for the benefit of the family, belonging
community property at the time of to either spouse, even due to fortuitous
the celebration of the marriage and event, shall be paid to said spouse from
the market value at the time of its the conjugal funds, if any.
dissolution. 7)       The net remainder of the conjugal
5)       The presumptive legitimes of the partnership properties shall constitute
common children shall be delivered the profits, which shall be divided
upon partition, in accordance with equally between husband and wife,
Article 51. unless a different proportion or
6)       Unless otherwise agreed upon by division was agreed upon in the
the parties, in the partition of the marriage settlements or unless there
properties, the conjugal dwelling and has been a voluntary waiver or
the lot on which it is situated shall be forfeiture of such share as provided in
adjudicated to the spouse with whom this Code.
the majority of the common children 8)       The presumptive legitimes of the
choose to remain. Children below the common children shall be delivered
 age of seven years are deemed to upon the partition in accordance with
have chosen the mother, unless the Article 51.
court has decided otherwise. In case 9)       In the partition of the properties, the
there in no such majority, the court conjugal dwelling and the lot on which
shall decide, taking into it is situated shall, unless otherwise
consideration the best interests of agreed upon by the parties, be
said children.  adjudicated to the spouse with whom
the majority of the common children
  Formula: Net proceeds = Net Assets/2 choose to remain. Children below the
age of seven years are deemed to have
chosen the mother, unless the court
has decided otherwise. In case there is
no such majority, the court shall
decide, taking into consideration the
best interests of said children.

  Formula: Net remainder = Net Profits/2

No such proof Proof In Articles 106, 115, 118, 119, 120, it

may be proved whether the property
belongs to the CPG or is an exclusive
property of the spouse