ACP CPG Separation of Properties

When is it the Marriages from August 3, 1988 Before Aug. 3 1988 Marriage settlement
regime?
Judicial order (Art. 134)
No marriage settlement Agreed in a marriage settlement Subsequent Marriage under Art 103
If marriage settlement is (Art. 105) and Art. 130
Void (Art, 75) (Previous marriage terminated by
death without liquidation)
When will it Precise hour of the celebration Precise hour of the celebration of Voluntary Involuntary
commence?
of marriage marriage (Art. 136) (Art. 135)
Jointly filed and Grounds:
Other time void Other time void verified - Civil Interdiction
(Art. 88) (Art. 88 due to Art. 107)
Notice to the - Judicially
creditors (no declared
notice, not Absentee
invalid)
- Loss of parental
authority (by
court decree)

- Abuse
administrative
powers

- Separated in
fact for more
than a year,
reconciliation
improbable

Modifications Article 76-77 [marriage settlements]

Before celebration of marriage
In writing

Subject to the provisions of

Arts 66 Legal Separation Reconciliation
67 Revival of Property Regime
128 Receivership, judicial separation/ sole administration in case of abandonment
135 Involuntary Separation of Properties
136 Voluntary separation

Waiver of share Cannot Cannot Can (This is the exception)

(Art. 89) (Art. 89 due to Art. 107)
Suppletory Co-ownership (Art. 90) Contract of Partnership Articles 144-146 of the Family Cod
provisions
(Art. 106) (Art. 143)

Administration Art. 96 Art. 124

of community
properties
Community Property: Conjugal Property:
Jointly Jointly
Husband in case of dispute Husband in case of dispute
Wife can go to court (5yrs) Wife can go to court (5yrs)
Sole When to acquire sole When to acquire sole
Administration
of the common
administration? administration?
property - Incapacitated - Incapacitated
- Abandonment - Abandonment
- On Exclusive properties
Exceptions to sole administration
- Disposition and Exceptions to sole administration
Encumbrance - Disposition and
Encumbrance
Relief?
- Judicial authorization through Relief?
summary proceedings (Summary - Judicial authorization through
proceedings is under Art. 247 although this summary proceedings (Summary
was not mentioned in the list) proceedings is under Art. 247 although
this was not mentioned in the list)

Sole administration, receivership or Sole administration, receivership

judicial separation or judicial separation
- Without Just cause abandons: 3 - Without Just cause abandons:
months left without 3 months left without
communication; prima facie communication; prima facie
abandonment abandonment
- Fails to comply obligations: - Fails to comply obligations:
marital, parental or property marital, parental or property
relations relations
(Art. 101) (Art. 128)

Administration Administration of exclusive Transfer the administration of

of Exclusive
Properties
properties retained to each
spouse
However can be transferred by
public document recorded in
registry of property
(Art. 110)
Art.111-112
Exclusive properties can be
alienated by owner-spouse,
proceeds goes to owner spouse
Donation Art. 87
May not donate to each other except moderate gifts
includes common law marriage (Matabuena v. Cervantes)
exclusive property to the other
property (Art. 142)
1. Becomes guardian of the
other
2. Judicially declared
absentee (Title XIV NCC)
3. Civil Interdiction
4. Fugitive hiding
In case of incompetence/ conflict
of interest, any other person can
be an administrator

Art. 98
Cannot donate without consent of
the other spouse except moderate
donations to charity, family distress
and rejoice
Disposition Art. 97 Administration of exclusive
Either spouse can do it by will (his properties retained to each
share in the community property) spouse
However can be transferred by
Art. 100 public document recorded in
Cannot dispose without the registry of property
consent of both spouses however (Art. 110)
can apply for judicial authorization

Art.111-112
Exclusive properties can be
alienated by owner-spouse,
proceeds goes to owner spouse
Properties Art. 91
Included
All properties owned by the
spouses at the time of the
celebration of the marriage or
acquired thereafter
Art. 116 Art. 144
All properties acquired during Present or Future property
marriage (even only one party is Total or Partial
registered) Not included, deemed absolute
[note this is the presumption] community
Art. 117
Acquired by onerous title by the
common funds (i.e. annuities)
Obtained from labor, industry,
work, or profession
Fruits, natural, industrial, or civil
and also the net fruits of the
exclusive property
Awards in finding a hidden
treasure
Occupation fishing or hunting
Livestock
By chance if winnings
If losses, burden to the exclusive
property of the loser-spouse
Art. 118
Properties bought on installment
where ownership was vested
during the marriage
Art. 119
Interests earned collected
during marriage (Art. 119)
Art. 120
Where exclusive properties
improvement of the property is
valued more than the property
Insurance policy when CPG
paid for it, if mixed payment
(partly CPG, partly exclusive)
the ownership will be
proportionate (BPI v. Posadas)
Exceptions or Art. 92 Art. 109
Separate
property under
Acquired by gratuitous title unless it Brought to marriage as his own
the Family is expressly provided by the testator
Code to be part of the ACP Acquired by gratuitous title

Personal property unless jewelry Acquired by right of

redemption, by barter, by
Property acquired including fruits exchange of property
before the marriage by either belonging to only one of the
spouse who has legitimate spouses
descendants from former marriage
Purchased with exclusive money

Mendoza v Dizon retirement

fund generally (when not
onerous) given by the govt are
considered as separate
property
(When required to work for certain
number of yrs to get benefits)
Annuity is not gratuity therefore it is not
separate property

Art. 112 Proceeds when

exclusive property was
alienated

Art. 113 Donation designated

shares to each spouse
(right of accretion applies when pro
indiviso/proper cases)

Art. 119 Principal of the credit

payables

Obligations of List under Art. 94 List under Art. 121 Art. 146
the community
property
Note: The difference of the list in ACP is Note: The personal debts can Family expenses in proportion to
no. 9 allowing advancements in case of be advance only if Art. 121 was their income
insufficiency of exclusive properties (i.e. satisfied
quasi delict, support of illegitimate
Spouses creditors and family
children)
expenses solidary liable
Art. 122
Ayala v CA Loss due to profession
Advancements
can be chargeable to ACP
(Similar to no. 9 of Art. 94)
Security Bank v. Mar Tierra Corpo -
Undertaking as a guarantor cannot
be presumed chargeable to ACP
(advantage that is merely indirect)
Pendency of Pendency of cases: both regimes are chargeable for the support of
case (in case
of nullity,
the spouses and their children
annulment, Arts. 137 (Pendency of judicial separation)
legal Arts. 198
separation)
Funeral of Art. 310 of the Civil Code chargeable to ACP/CPG
either spouse
Family Home Art. 156 Can be:
ACP
CPG
Exclusive property of either spouse

Separation in Do not sever ACP Do not sever CPG

fact effects (De
facto
separation) Without just cause left, no right to Without just cause left, no right
be supported to be supported
 Consent required judicial Consent required judicial
authority through summary authority through summary
proceeding in Art. 253 (but this article proceeding in Art. 253 (but this
is not mentioned but the black letter law says article is not mentioned but the black
summary proceedings) letter law says summary proceedings)

Insufficiency can administer Insufficiency can administer

through summary proceedings the through summary
separate properties (note: as said, they proceedings the separate
are solidary liable in case of insufficiency of properties
community property under Art. 94 except its
par. 9)
(Art. 100)

Dissolution/ Art. 99: Death, decree of legal Art. 126: Death, legal Art. 141
Termination
separation, annulled or declared separation, annulled or Nos. 1 to 6 for Involuntary
null, and judicial separation of Art. declared null, and judicial
134-138 separation of property No. 7 for Voluntary

Governed by Art. 67 (revival)

Art. 138 After dissolution the provisions of complete separation of
properties applies

Liquidation Article 102 Article 129

1. Inventory: List separately ACP, 1. Inventory

Exclusive property 2. Advances
3. Reimbursement
2. Debts and Obligation of the ACP 4. Debts be paid
Insufficient: solidarily liable 5. Exclusive property
delivered
3. Exclusive properties: Deliver to 6. Pay spouse for costs
each other from him that
redounded to the
4. Net remainder Net assets ACP family
- divided equally
unless other agreement in marriage
settlement or unless waiver

5. Presumptive legitimes: Art. 51

delivered in cash, property or
sound securities

6. Dwelling to whom the majority

of the children choose to remain
Death Termination by death same
proceeding for the estate

Within one year settle it

judicially or extrajudicially if no
judicial settlement.

No liquidation made any

disposition or encumbrance
involving the CPG that was
terminated is void

Non compliance:
Mandatory Judicial
separation of property for
subsequent marriage
When will the Good faith creditors under Art. 73 not prejudiced, can collect to Art. 140
creditors come
in? (Effects,
either spouse
how to collect,
etc.) Modifications:
Art. 67 (Revival)
Art. 77
Simultaneous Give the fruits, capital and in Give the fruits, capital and in
Liquidation
income of each partnership income of each partnership
providing proof providing proof

In doubt In doubt
Proportionate to the capital and Proportionate to the capital
duration of each and duration of each

UNIONS WITHOUT MARRIAGE PROPERTY REGIME

ARTICLE 147 ARTICLE 148
To whom it Those who are capacitated to marry each Not capacitated to marry each other
applies? other but no benefit of marriage: 1. Below 18
2. Adulterous
- No consent (Art. 4) 3. Bigamous
- No marriage license (Art. 35 (2)) 4. Incestuous Art. 37
- No authority of solemnizing officer (Art. 5. Against public policy Art. 38
35 3))

To qualify 1. Capacitated to marry each other

2. Live exclusively with each other as
husband and wife
3. Without benefit of marriage or under a
void marriage

Division of Equally To the proportion of which proven of respective actual

shares contribution
Contribution Joint efforts, work and industry Actual contributions
is made
It can include care and maintenance of the
family and of the household

Where will Good faith Bad faith If one of them is married, to the community property
the property - Equally - shares are forfeited in If not, similar to the devolvement in Art 147.
go? divided favor of:
1. Common Children
2. Descendants
3. Innocent Party

Disposition Consent needed or

Termination of cohabitation