ACP/CPG

ACP

CPG

1. Stipulated in marriage settlement. The provisions

of CPG shall also apply to spouses married before
the effectivity of FC without prejudice to vested rights
already acquired in accordance with the Civil Code
or other laws as provided in Art. 256
Those married before FC shall be governed
by CPG provisions in FC
But CPG before FC shall not be
automatically converted to ACP upon
effectivity of FC
2. CPG = Spouses shall place in a common fund the
proceeds, products, fruits, and income from their
-Commencement: At time of celebration of
marriage. Any stipulation, express or implied, stating
otherwise is void. (88)
-No waiver of rights, interest shares and effects can
General

be made except in judicial separation of property

Provisions

(JSP). Waiver in JSP or dissolution or annulment of

marriage = shall appear in a public instrument and
recorded is local civil registry (LCR) where contract is
recorded and registry of property (ROP). (89)
-Supplementary provisions = CO-OWNERSHIP (90)

separate properties + acquired through efforts or

chance
Dissolution = net gains or benefits obtained
by either or both spouses shall be divided
between them equally, unless otherwise
agreed in the marriage settlements

3. No waiver of rights, interest shares and effects

can be made except in judicial separation of property
(JSP). Waiver in JSP or dissolution or annulment of
marriage = shall appear in a public instrument and
recorded is local civil registry (LCR) where contract
is recorded and registry of property (ROP). (107)
4. Commencement: At time of celebration of
marriage. Any stipulation, express or implied, stating
otherwise is void. (107)
5. Suppletory provisions = Contract of partnership as
long as not in conflict with provisions of CPG and
marriage settlement
CivCode v FC on CPG = FC wins
Provisions on contract of partnership WILL
NOT apply when it comes to dissolution

1. ALL property acquired during the marriage by one

or both the spouses (116)

No proof that property is exclusive = CPG

2. OFF LLCH (like OFF LALAKEH HAHAHA lol) (117)
Acquired through onerous tittle during the
marriage at expense of common fund,
whether acquired for the partnership or only
one of the spouse
Property bought with common
fund = CPG
Damages granted by courts when
contract is SOLELY financed by
CPG = CPG
Fruits (natural = no human intervention,
industrial = with human intervention, civil =
rent, interest, etc) due or received during
marriage from common property, plus net
fruits from exclusive property of either
spouse
Net fruits of separate property =
Total fruits - expenses for
administration
Acquired through fishing or hunting
Obtained from labor, industry, work or
profession of either or both the spouses
Livestock existing upon dissolution of the
partnership in excess of the number of each
kind brought to the marriage by either
spouse
Justice Puno: 40 original cows - 60
cows as a result of marriage = 20
cows as CPG
GR: Debtor (CPG) cannot
offer the worst, and
creditor (spouses) cannot
demand the best
Acquired by chance, such as winnings from
gambling or betting. (123)
Regardless of W/N ticket was with
or without consideration (ticket
maybe gratuitous, but winnings are
considered fruits thereof = CPG)
Share of either spouse in the hidden
treasure which the law awards to
finder/owner of property where treasure is
found
Hidden treasure - artifacts/objects
which have undergone

transformation from their original

raw state by which lawful
ownership does not appear
Does not include mining

Shared
properties

1. All properties owned by spouses before and after

claims and rights and

the marriage celebration (91)

other matters concerning

2. Jewelry or properties of substantial amount (92)

minerals and mineral

3. Properties acquired during the marriage by

lands governed by special

gratuitous title, and the fruits and income thereof,

laws

WHEN STIPULATED BY THE

DONOR/TESTATOR/GRANTOR (92)

3. Annuities (115) (fixed payment for the life of a

4. Winnings from gambling or any other game of

person who owns the annuity benefits)

chance (ticket is with consideration) (95)

4. Pensions (115) (withheld payment for retired

employees who stayed with a company for a
required number of years)
5. Life insurance proceeds (see 106 for
enlightenment = CPG includes PROCEEDS,
PRODUCTS, FRUITS and INCOME from separate
properties; there must be proof that such proceeds
were paid exclusively from separate funds)
6. Property bought on installments partly from
exclusive funds and CPG funds when ownership was
vested DURING the marriage (118) - property in this
case is assumed to have been bought BEFORE the
marriage
Amount advanced by spouses shall be
reimbursed upon liquidation
In a situation where partly exclusive and
partly CPG was used to purchase property
DURING the marriage, it was held by the SC
that ownership shall be in proportion to
funds contributed
But Sta. Maria says, the WHOLE
property should be CPG, citing
109(4). Since the property is not
bought with EXCLUSIVE funds of
either spouse, then property should
be CPG
7. Interest falling due DURING marriage on the
principal of a credit due too one of the spouses that
is collectible during the marriage by
installments (119) (since interest is a civil FRUIT,
interest belongs to CPG)
8. When improvements (whether for utility or
adornment) is made on a separate property at
expense of CPG of acts/efforts of either/both

spouses, and increase in value is more than the value

of the property at time of improvement = CPG,
subject to reimbursement of the value of the property
of the owner-spouse at time of improvement (120)
Cost of improvement + increase in value of
property > value of property at time of
improvement = CPG
Ownership will pass to CPG upon
reimbursement, which shall be made at time
of liquidation
That means NO REIMBURSEMENT
= EXCLUSIVE
Prior to reimbursement, CPG may use both
property and improvement in exercise of
usufruct (right to use a certain property
owned by another)

1. Brought to marriage as their own

Property bought by one spouse before the
marriage but was registered under the name
of BOTH spouses = exclusive
2. Acquired during marriage by gratuitous title
Property donated or left by will to spouses
JOINTLY with designation of determinate
shares = shares of spouses are exclusive
(113)
No designation = no prejudice to
right of accretion
Right of accretion =
incorporation or addition
of property to another
property
No need for right of
accretion to be stipulated
Donation: If one spouse
cannot accept her share,
the other spouse will own
it as his/her exclusive
property by right of
accretion
If there is a
stipulation that

no right of
accretion will
apply, the
spouse will only
get his/her
designated share
If there is no
designation of
shares and if one
spouse cannot
get her share, the
other spouse will
own it as his/her
exclusive
property
If
designation
is not of
determinate
share
but of
determinate
properties,
the
spouse

1. Properties acquired during the marriage by

will only

gratuitous title, and the fruits and income thereof (92)

acquire

2. Property for personal and exclusive use

his/her

3. Property acquired before the marriage by spouse

designated

who has legitimate descendants by a previous

Exclusive

marriage, and income and fruits thereof (92)

properties

4. Properties acquired during the marriage that is

share
If donation is
ONEROUS,

proved to be owned exclusively by either spouse (93)

amount of

5. Those to be excluded as stated in the marriage

charged shall be

settlement

borne by the

6. Winnings from any game of chance or gambling

exclusive

(ticket is without consideration) (95)

property of
donee-spouse,
whenever they
have been
advanced by
CPG (114)
Will: For accretion to
apply
spouse are called
to the same
inheritance or
same portion

thereof
Pro indiviso (Not
divided) in terms
of specific
properties (that
means, division
of SHARES in
one property
does not mean
it's pro indiviso)
one spouse dies
before
inheritance was
renounced, or
spouse became
incapacitated to
receive it
3. Acquired by right of redemption, barter or
exchange, with property belonging only to one
spouse
4. Purchased with exclusive money of the spouse
5. Gratuities (115) - Act of liberality
6. Property bought on installments partly from
exclusive funds and CPG funds when ownership was
vested BEFORE the marriage (118)
Amount advanced by CPG shall be
reimbursed upon liquidation
7. Principal payments on credit due to one of the
spouses which is collectible in installments during
the marriage
8. When improvements (whether for utility or
adornment) is made on a separate property at
expense of CPG of acts/efforts of either/both
spouses, and cost of improvement made my CPG
results to an increase in value that is less than the
value of the property at time of improvement =
exclusive, subject to reimbursement of cost of
improvement (120)

1. Support of spouses, common children, and

legitimate children of either spouse
2. All debts and obligations during the marriage
acquired by:

admin-spouse,
both spouses, and
one spouse with consent of the other
1. Support of spouses, common children, and

3. Debts and obligations with no consent from other

legitimate children of either spouse

spouse to extent of benefit to the family

2. All debts and obligations during the marriage

Burden of proof is on creditor

acquired by:

Charges
to
property
relations

Benefit must not be a by-product or spin-

admin-spouse,

off. MUST BE DIRECT

both spouses, and

Spouses are representatives of CPG. They

one spouse with consent of the other

cannot be held liable jointly or solidarily

3. Debts and obligations with no consent from other

4. TLCE, including minor and major repairs, on

spouse to extent of benefit to the family

community property

4. TLCE, including minor and major repairs, on

5. Taxes and expenses for preservation of exclusive

community property

property used by family

5. Taxes and expenses for preservation of exclusive

6. Expenses for the commencement/completion of

property used by family

professional/vocation course, or other self-

6. Expenses for the commencement/completion of

improvement activity (PVS) of either spouse

professional/vocation course, or other self-

7. Antenuptial debts of either spouse that redounded

improvement activity (PVS) of either spouse

to the benefit of the family

7. Antenuptial debts of either spouse that redounded

8. Donation by BOTH spouses to common legitimate

to the benefit of the family

children for exclusive purpose of PVS

8. Donation by BOTH spouses to common legitimate

9. Antenuptial debts with no benefit to the family &

children for exclusive purpose of PVS

liabilities from crime or quasi-delicts of either spouse,

9. Antenuptial debts with no benefit to the family &

when their exclusive properties are insufficient.

liabilities from crime or quasi-delicts of either spouse,

Payment of which shall be considered as advance to

when their exclusive properties are insufficient.

be deducted from share of liable spouse upon

Payment of which shall be considered as advance to

liquidation

be deducted from share of liable spouse upon

10. Expenses of litigation between spouses unless

liquidation (1 condition)

suit is groundless. Expenses of litigation that will

10. Expenses of litigation between spouses unless

benefit that family are also charged in CPG

suit is groundless. Expenses of litigation that will

benefit that family are also charged in ACP.

Art. 121

Art. 94

11. When separate property is insufficient to

pay Personal debts and obligations BEFORE the
marriage, , fines and indemnities imposed on
spouses, support of illegitimate children on either
spouse, CPG may pay for these after obligations in
121 are paid for. (122) (2 conditions)
Upon liquidation, liable spouse shall be
charged by CPG for what has been paid for
Liquidation does not need to happen for
CPG to pay above mentioned obligations

1. When CPG is insufficient to cover above

mentioned charges, Spouses are SOLIDARILY liable
on the unpaid balance (121)
Charges
to
exclusive
properties

1. When ACP is insufficient to cover above

2. Loses from gambling or any game of chance (117)

mentioned charges, EXCEPT #9. Spouses are

(123)

SOLIDARILY liable on the unpaid balance (94)

3. Payment of personal debts and obligations before

2. Loses from gambling or any game of chance

or during the marriage not redounding to the benefit

(ticket is with consideration) (95)

of the family (122)

Fines and indemnities imposed on spouses
also

1. The spouses retain ownership, possession,

administration, and enjoyment of their exclusive
properties
Either spouse may, during the marriage,
transfer the administration of their exclusive
property to the other by means of public
instrument, to be recorded in Registry of
Property will property is located (110)
Spouses may mortgage, encumber, alienate
or otherwise dispose of his or her exclusive
property (111)
The alienation of any exclusive property
administered by the other spouse
AUTOMATICALLY terminates the
1. Admin and enjoyment of property belong to both
spouses jointly.

administration over such property and

proceeds of alienation shall be turned over
to the owner-spouse (112)

Each spouse may act individually

when matters need immediate
decisions
Disagreement = husband's decision until
wife files remedy within 5 years from date of

1. Admin and enjoyment of property belong to both

spouses jointly.

contract implementing decision

Each spouse may act individually

Incapacity of one spouse = other spouse

when matters need immediate

may assume sole powers of administration.

Ownership,

ON CPG: (124)

decisions

Sole admin CANNOT dispose or encumber

Disagreement = husband's decision until

properties without written consent of other

wife files remedy within 5 years from date of

spouse or authority of court.

contract implementing decision THROUGH

administration,

No authority or consent = void

SUMMARY PROCEEDING

enjoyment

disposition or encumbrance =

Incapacity of one spouse = other spouse

and

continuing offer until perfected by

may assume sole powers of administration.

disposition

consent/court authority before

Sole admin CANNOT dispose or encumber

of

withdrawal of offer

properties without written consent of other

properties

With knowledge but NO CONSENT

spouse or authority of court.

= annullable but can be ratified

No authority or consent = void

expressly or impliedly

disposition or encumbrance =
continuing offer until perfected by

2. Either spouse may dispose of his/her interest in the

consent/court authority before

community property BY WILL.

withdrawal of offer
With knowledge but NO CONSENT

Interest ONLY. Not specific properties

3. No donations of any ACP with consent of other.
No consent needed when donation from ACP in for
charity or family rejoicing or distress

= annullable but can be ratified

expressly or impliedly
Annulment should take
place within 5 years from
implementation of
contract

art. 96

NOT through summary

proceedings, unlike in
disagreement
If act is only an act of administration (not
disposition or encumbrance) + with
knowledge but NO CONSENT = contract is
rescissible at instance of wife within 5 years
of implementation of contract
2. Either spouse may dispose of his/her interest in
the community property BY WILL.
Interest ONLY. Not specific properties
3. No donations of any CPG with consent of other.
No consent needed when donation from CPG in for
charity or family rejoicing or distress

1. Death by either spouse (99)

1. Death by either spouse (126)

Liquidated in same proceeding as

Liquidated in same proceeding as

settlement of estate of deceased

settlement of estate of deceased

No will/debts = heirs may divide

No will/debts = heirs may divide

properties among themselves by

properties among themselves by

means of a public instrument filed

means of a public instrument filed

in Register of Deeds. If they

in Register of Deeds. If they

disagree, they shall divide

disagree, they shall divide

properties by means of an ordinary

properties by means of an ordinary

action for partition. If there in only 1

action for partition. If there in only 1

heir, he may adjudicate to himself

heir, he may adjudicate to himself

the whole estate by means of an

the whole estate by means of an

affidavit filed in register of deeds

affidavit filed in register of deeds

spouses cannot claim any definite

spouses cannot claim any definite

property while property relations is

property while property relations is

still in existence
No judicial settlement proceeding =

still in existence
No judicial settlement proceeding =

surviving spouse shall liquidate community

surviving spouse shall liquidate community

property either judicially or extra-judicially

property either judicially or extra-judicially

within 1 year from death

within 1 year from death

No liquidation within 1 year, any

No liquidation within 1 year, any

disposition/encumberance involving

disposition/encumberance involving

community property shall be VOID

community property shall be VOID

If surviving spouse contracts another

If surviving spouse contracts another

marriage without liquidation, complete

marriage without liquidation, complete

separation of property shall govern the

separation of property shall govern the

subsequent marriage

subsequent marriage

Dissolution
2. Decree of legal separation (99)
Can be revived by reconciliation
3. Nullity or annulment of marriage (99)

2. Decree of legal separation (99)

Can be revived by reconciliation
3. Nullity or annulment of marriage (99)

Nullity is due to non-observance of Art. 40,

Nullity is due to non-observance of Art. 40,

52,53

52,53

4. JDS (99)

4. JDS (99)

Voluntary = for any cause. Once revived,

Voluntary = for any cause. Once revived,

spouses can no longer file

spouses can no longer file

Involuntary causes

Involuntary causes

Sentenced to a penalty with civil

Sentenced to a penalty with civil

interdiction

interdiction

spouse is judicially declared absent

spouse is judicially declared absent

lose of parental authority

lose of parental authority

spouse has abandoned family or

spouse has abandoned family or

failed to perform

failed to perform

marital/parental/property relations

marital/parental/property relations

abused power of admin

abused power of admin

Separated in fact for at least 1 year

Separated in fact for at least 1 year

from time of petition and

from time of petition and

reconciliation's highly improbable

reconciliation's highly improbable

5. Liquidation after affidavit of reappearance from

5. Liquidation after affidavit of reappearance from

reappearing spouse

reappearing spouse

1. Spouse leaves/refuses to live in conjugal home

without just cause = no support (127)
1. Spouse leaves/refuses to live in conjugal home
without just cause = no support (100)
Separation
in fact
does not

2. Consent of other spouse is required by law =

judicial authorization shall be obtained in a summary
proceeding (100)

2. Consent of other spouse is required by law =

judicial authorization shall be obtained in a summary
proceeding (127)
3. insufficiency of CPG where both spouses are
solidarily liable from the exclusive properties for
support of family = Present spouse, through a

affect

3. insufficiency of ACP where both spouses are

summary proceeding, can be judicially authorized

property

solidarily liable from the exclusive properties for

to administer or encumber ANY specific separate

relations

support of family = Present spouse, through a

property of absent spouse and use fruits/proceeds

except:

summary proceeding, can be judicially authorized to

thereof to satisfy latter's share (127)

administer or encumber ANY specific separate

property of absent spouse and use fruits/proceeds

EITHER SPOUSE may do this, as long as

thereof to satisfy latter's share (100)

debt/obligation redounds to benefit of the

family

Spouse
abandons
(left
conjugal
dwelling
without
intention
of
returning;
gone for 3
months or
failed to
give info
as to his
whereabouts
= prima
facie
presumed
to have no

Aggrieved spouse can file for

Aggrieved spouse can file for

receivership

receivership

JDS

JDS

authority to be sole admin

authority to be sole admin

intention
of
returning)
or fails to
comply
with
marital,
parental,
or
property
relations
obligations
(101/128)

1. Procedures (IARPEM RPC) (129) (May be done

extra-judicially, ordinary action of partition, or estate
proceedings)

Inventory of ALL properties (exclusive or

shared)
Value is at time of liquidation. May
be changed if proceedings take a
long time
On matters not expressed in CPG
provisions, Rules of Court on
administration of estates shall be
observed in appraisal and sale of
property of CPG (132)
Amounts advanced by CPG in payment of
personal debts and obligations of either
spouse shall be credit to the CPG as assets
thereof
Payment of personal debts and
obligations before or during the
marriage not redounding to the
benefit of the family (122)
Fines and indemnities
imposed on spouses also
Property bought on installments

1. Procedures (IPERPC)

partly from exclusive funds and

Inventory of ALL properties (separate or

CPG funds when ownership was

shared)

vested BEFORE the marriage (118)

Debts and obligations will be paid out of

If donation is ONEROUS, amount

assets. In case of insufficiency of said

of charged shall be borne by the

assets, spouses are solidarily liable with

exclusive property of donee-

separate properties

spouse, whenever they have been

Balance of exclusive properties shall be

Reimbursement of exclusive funds used to

Assets - Liabilities = net assets/net

acquire property, or for value of his/her

remainder to be divided equally/by any

exclusive property for which ownership was

agreed division, unless there is voluntary

vested by law in CPG

waiver

When separate funds were used to

Net profits = MV at time of

buy conjugal property

marriage - MV at time of dissolution

When improvements (whether for

-> to be forfeited according to Art.

utility or adornment) is made on a

43 (2) and 63 (2)

separate property at expense of

If waiver of rights happened during

CPG of acts/efforts of either/both

subsistence of ACP = VOID

spouses, and increase in value is

Judicially nullified and informal civil

more than the value of the property

relationships govern by 147 and

at time of improvement = CPG,

one spouse is in good faith = bad

subject to reimbursement of the

faith spouse shall forfeit his share in

value of the property of the owner-

co-ownership in favor of:

spouse at time of improvement

Common children
Liquidation

advanced by CPG (114)

delivered

(120)

Descendants of common

Debts/obligations of CPG shall be paid out

children

of CPG assets. Insufficiency = spouses are

(102)

innocent party

solidariliy liable with the separate properties

Subsequent void marriage = Use

43(2)

those enumerated in 121

Remainders of exclusive properties are

Presumptive legitimes shall be delivered to

delivered

common children in accordance to Art. 51

Loss/deterioration of exclusive MOVABLES

Conjugal dwelling and lot shall be

used for benefit of the family, even due to

adjudicated to spouse with majority of

fortuitous event, shall be paid from CPG

children. No majority = court shall decide,

Assets - Liabilities = net assets/net

considering best interest of children

remainder to be divided equally/by any

Children below 7 yrs old = choose

agreed division, unless there is voluntary

mother, unless otherwise decided

waiver

by court

Net profits = MV at time of

marriage - MV at time of

2. Liquidation of two or more marriages contracted

dissolution -> to be forfeited

by same person before effectivity of FC carried out

according to Art. 43 (2) and 63 (2)

simultaneously = capital, fruits, and income of each

If waiver of rights happened during

community shall be determined by proof. (104)

subsistence of CPG = VOID

Judicially nullified and informal civil

In case of doubt as to which properties

relationships govern by 147 and

belong to what community, use formula with

one spouse is in good faith = bad

duration of each marriage and existing

faith spouse shall forfeit his share

capital of community as variables,

in co-ownership in favor of:

whichever is known:

Common children

Time or Capital of Marriage A

Descendants of common

divided by Total time or Capital of

children

ALL Marriages

innocent party
Subsequent void marriage = Use
43(2)
Presumptive legitimes shall be delivered to
common children in accordance to Art. 51
Conjugal dwelling and lot shall be
adjudicated to spouse with majority of
children. No majority = court shall decide,
considering best interest of children
Children below 7 yrs old = choose
mother, unless otherwise decided
by court
2. Support, during liquidation, for surviving spouse
and children shall come from the common mass of
property until what belongs to them is already
delivered
But what has been given to them for
support shall be deducted from amount
received insofar as they exceed what they
may have been entitled to as fruits or
income

Support - fruits or income that

would have been given to them =
deduct from share in estate