Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains | Property Relations Between the Spouses | Marriage | FAMILY CODE

Here is a meticulous breakdown of Philippine Civil Law provisions under CIVIL LAW > III. FAMILY CODE > A. Marriage > 7. Property Relations Between the Spouses > d. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains. These rules pertain to the regulation of property relations between spouses and encompass fundamental aspects common to both the Absolute Community of Property (ACP) and the Conjugal Partnership of Gains (CPG) under the Family Code of the Philippines.


I. General Rules on Property Relations Between Spouses

Under the Family Code, property relations between spouses are governed either by:

  1. Absolute Community of Property (ACP) – the default regime if there is no marriage settlement.
  2. Conjugal Partnership of Gains (CPG) – applies if spouses have agreed upon this regime through a marriage settlement before marriage.

Both regimes include a common set of rules that apply regardless of the specific arrangement.


II. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains

1. Scope of Applicability (Article 88 and Article 117)

  • The provisions on ACP and CPG apply to all marriages celebrated under the Family Code.
  • Property regimes cover all properties acquired by either spouse during the marriage unless otherwise provided by law or stated in a marriage settlement.

2. Property Not Subject to Forfeiture (Article 133)

  • Both ACP and CPG are protected by a general prohibition on transferring or donating common properties or partnership assets without the consent of the other spouse.
  • Violation of this rule results in the invalidity of the unauthorized disposition or donation.

3. Consent in Property Transactions (Article 96 and Article 124)

  • Article 96 (for ACP) and Article 124 (for CPG) require mutual consent of both spouses for disposing, encumbering, or administering common property.
  • In the absence of such consent, a court authorization is necessary.
  • Exception: The managing spouse can act alone in matters of necessity or benefit of the family but must report to the other spouse afterward.

4. Right to Challenge a Property Transfer or Donation (Article 89)

  • Under both property regimes, a spouse has the right to nullify or question transfers or donations of community property made without their consent.
  • Courts may declare such acts void if it is proven they were made without the knowledge or approval of the other spouse.

5. Liabilities Incurred in Benefit of the Family (Article 94 and Article 121)

  • Debts or obligations incurred by either spouse for the benefit of the family bind the ACP or CPG.
  • Examples include loans for family housing or education.
  • Obligations incurred by one spouse not in furtherance of the family’s welfare are considered separate debts of that spouse.

6. Rights and Responsibilities to Third Parties (Article 95 and Article 122)

  • Both ACP and CPG are answerable to obligations contracted by either spouse with third parties for family expenses and other household needs.
  • Both regimes prohibit one spouse from binding the other in personal contracts or loans not meant for the family, except with consent or legal necessity.

7. Mutual Waiver of Wages and Incomes (Article 94 and Article 116)

  • The income or wages of each spouse is commonly pooled into either ACP or CPG and shared equally, regardless of who earns more.
  • Separate or exclusive earnings by either spouse are applied to family needs unless explicitly declared in a marriage settlement.

III. Termination of Property Regime (Articles 99 and 126)

  • Absolute Community of Property and Conjugal Partnership of Gains are terminated upon the occurrence of certain conditions, such as:
    • Death of either spouse
    • Legal separation or annulment of marriage
    • Judicial separation of property

After termination, the property is divided according to the specific regime under which it was governed. The ACP or CPG ceases, and the net assets or gains are divided based on applicable provisions.

1. Liquidation of Assets (Articles 102 and 129)

  • Following the termination, the liquidation process for ACP or CPG begins, where liabilities and advances made by each spouse are settled before dividing the remaining assets.
  • For debts and liabilities of the community or partnership, each spouse's contributions are accounted for, and any balance or reimbursement is granted accordingly.

IV. Judicial Partition and Settlement (Articles 101 and 130)

  • Both ACP and CPG are partitioned judicially if the spouses fail to agree on the division.
  • Judicial partition includes determining the spouse’s share in the community or partnership, settling debts, and distributing net assets.

1. Summary Judicial Process

  • A summary process is available for spouses in instances of unilateral separation of property.
  • A court intervention is only required if one spouse contests the partition or liquidation plan.

2. Estate Administration During Separation (Article 134)

  • In case of legal separation, the court may appoint an administrator to manage the properties pending final liquidation.

3. Mandatory Support Provisions for Children (Articles 203 and 204)

  • Regardless of the termination of ACP or CPG, both spouses retain an obligation to support their children.
  • Support claims have precedence over any claims for partition or reimbursement between the spouses.

V. Rights of Children and Other Legitimate Dependents

  • Support obligations toward legitimate and illegitimate children or dependents must be satisfied out of the ACP or CPG assets.
  • Special protection applies to minor children, ensuring their rights are protected even amid property regime alterations.

VI. Reversion of Exclusive Property (Articles 92 and 117)

  • Exclusive property of each spouse remains separate and is not subject to ACP or CPG unless expressly stated otherwise.
  • Exclusive assets include properties acquired before marriage, properties acquired through inheritance, and personal gifts.

VII. Summary of Key Prohibitions and Permissible Actions

  • Prohibitions:

    • Unauthorized donations, transfers, or disposal of community/partnership property.
    • Personal loans or obligations of one spouse affecting the family’s assets without valid reason.
  • Permissible Actions:

    • Consent-based transactions, necessary expenditures for the family’s welfare, and loans or contracts benefiting the family.
    • Voluntary reimbursement arrangements, provided they do not infringe on family welfare or children’s support.

These provisions under Philippine law govern the intricate dynamics between spouses in managing property during marriage, ensuring equitable rights, mutual obligations, and the protection of the family's welfare and children’s needs.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.