LAW 100: PERSONS AND FAMILY RELATIONS
ACP & CPG COMPARISON TABLE
Block D 2020
ABSOLUTE COMMUNITY OF PROPERTY
Family Code Title IV Chapter 3
General
Provisions
CONJUGAL PARTNERSHIP OF GAINS
Family Code Title IV Chapter 4
Default property regime for marriages celebrated
after the Family Code took effect [Art. 75]
Default property regime for marriages celebrated
before the Family Code took effect
Shall commence at the precise moment of the
celebration of the marriage [Art. 88]
Shall commence at the precise moment of the
celebration of the marriage [Art. 107]
No waiver of rights, interests, shares and effects of
the ACP during the marriage can be made except
in judicial separation of property [Art. 89]
No waiver of rights interests, shares and effects of
the CPG during the marriage can be made except
in judicial separation of property [Art. 107]
The provisions on co-ownership shall apply to the
ACP between the spouses in all matters not
provided for in this Chapter [Art. 90]
The CPG shall be governed by the rules on the
contract of partnership in all that is not in conflict
with this Chapter or the marriage settlement [Art.
108]
What Constitutes
the ACP/CPG
(1) Owned at the time of the celebration of their
marriage
(2) Acquired thereafter [Art. 91]
(3) Winnings from any game of chance [Art. 95]
(1) Proceeds, products, fruits and income of their
separate property
(2) Acquired through their efforts
(3) Acquired through chance [Art. 106]
(4) Acquired through onerous title during the
marriage at the expense of the common fund
[Art. 117]
Exclusive
Property
(1) Acquired during the marriage by gratuitous title
and fruits and income thereof
(2) For personal and exclusive use, except jewelry
(3) Acquired before the marriage by either spouse
with legitimate descendants by a former
marriage [Art. 92]
(4) Provided in the marriage settlement [Art. 91]
(1) Brought as exclusive property
(2) Acquired by gratuitous title during the marriage
(3) Acquired by right of redemption, barter or
exchange [Art. 109]
(4) Purchased with exclusive money
(5) Bought on installment, paid partly with conjugal
funds and partly with exclusive funds, if full
ownership was vested before the marriage [Art.
118]
Charges Upon
and Obligations
of the ACP/CPG
[Art. 94] The ACP shall be liable for:
(1) Support of:
a. The spouses
b. Their common children
c. Legitimate children from a previous
marriage
(2) Debts and obligations contracted during the
marriage by either spouse with the consent of
the other,
(3) Debts and obligations of either spouse to the
extent that the family benefited, even without
consent
(4) All taxes, liens, charges, and expenses,
including repairs, upon the community
property;
(5) All taxes and expenses for mere preservation
made during the marriage upon separate
property used by the family,
(6) Expenses of either spouse for a
professional/vocational course or self-
[Art. 121] The CPG shall be liable for:
(1) Support of:
d. The spouses
e. Their common children
f. Legitimate children from a previous
marriage
(2) Debts and obligations contracted during the
marriage by either spouse with the consent of
the other,
(3) Debts and obligations of either to the extent
that the family benefited, even without consent
(4) All taxes, liens, charges, and expenses,
including repairs, upon the conjugal property;
(5) All taxes and expenses for mere preservation
made during the marriage upon separate
property
(6) Expenses of either spouse for a
professional/vocational course or selfimprovement
(7) Ante-nuptial debts insofar as they benefit the
improvement
(7) Ante-nuptial debts insofar as they benefit the
family
(8) The value of donations by both spouses in
favor of their common legitimate children for a
professional/ vocational course or selfimprovement
(9) Advances
(10) Expenses of litigation between the spouses
unless the suit is found to groundless.
family
(8) The value of donations by both spouses in
favor of their common legitimate children for a
professional/ vocational course or selfimprovement
(9) Expenses of litigation between the spouses
unless the suit is found to groundless.
[Art. 94 last par. / Art. 122] If the community/conjugal property is insufficient, the spouses are solidarily
liable to pay from their separate properties, except for the ff. which the spouse who is bound must first pay
from his/her exclusive properties:
1. Personal debts that do not benefit the family
2. Support of illegitimate children
3. Liabilities incurred from a crime or quasi-delict
4. Gambling losses (shall not be charged to the ACP/CPG) [Art. 95 / 123]
Administration
[Art. 96 / 124] The administration and enjoyment of the ACP/CPG shall belong to the spouses jointly. In a
disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife within 5
years.
If one spouse is incapacitated, the other may assume sole powers of administration. However, any
disposition/encumbrance without the written consent of the other spouse or the authority of the court shall
be void.
[Art. 98 / 125] Neither spouse may donate any community/conjugal property without the other’s consent,
except:
a. Moderate donations for charity
b. On occasions of family rejoicing or family distress
Dissolution
[Art. 99 / 126] The ACP/CPG terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Art. 134 to 138.
Separation in
Fact
[Art. 100 / 127] The separation in fact between husband and wife shall not affect the property regime,
except that:
(1) The spouse who leaves without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial
authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community/conjugal property, the separate property of both spouses shall
be solidarily liable. The spouse present shall, upon proper petition in a summary proceeding, be given
judicial authority to administer or encumber any specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the latter's share.
Abandonment
[Art. 101 / 128] If a spouse without just cause abandons the other or fails to comply with his or her (marital,
parental or property) obligations to the family, the aggrieved spouse may petition the court for receivership,
for judicial separation of property or for authority to be the sole administrator of the absolute community,
subject to such precautionary conditions as the court may impose.
A spouse is deemed to have abandoned the other when he/she has left the conjugal dwelling without
intention of returning. The spouse who has left for a period of 3 months or has failed within the same period
to give any information as to his/her whereabouts shall be prima facie presumed to have no intention of
returning.
Liquidation
[Art. 102] Upon dissolution of the ACP, the
following procedure shall apply:
(1) An inventory shall be prepared
[Art. 129] Upon dissolution of the CPG, the following
procedure shall apply:
(1) An inventory shall be prepared
(2) The debts and obligations of the ACP
shall be paid out of its assets. In case of
insufficiency, the spouses shall be
solidarily liable with their separate
properties in accordance with Art. 94 (2).
(3) Remaining exclusive properties of the
spouses shall thereafter be delivered to
each of them.
(4) The net remainder of the properties of the
ACP shall constitute its net assets, which
shall be divided equally between husband
and wife, unless a different proportion or
division was agreed upon in the marriage
settlements, or unless there has been a
voluntary waiver of such share provided
in this Code. For purpose of computing
the net profits subject to forfeiture in
accordance with Art. 43 (2) and 63 (2),
the said profits shall be the increase in
value between the market value of the
community property at the time of the
celebration of the marriage and the
market value at the time of its dissolution.
(5) The presumptive legitimes of the common
children shall be delivered upon partition,
in accordance with Article 51.
(6) In the partition of the properties, the
conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed
upon by the parties, be adjudicated to the
spouse with whom the majority of the
common children choose to remain. In
case there is no such majority, the court
shall decide
Termination of
the Marriage by
Death
(2) Amounts advanced by the CPG in payment of
personal debts and obligations of either spouse
shall be credited to the CPG as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his
or her exclusive funds by the CPG or for the value
of his or her exclusive property, the ownership of
which has been vested by law in the conjugal
partnership.
(4) The debts and obligations of the CPG shall be paid
out of its assets. In case of insufficiency, the
spouses shall be solidarily liable with their separate
properties, in accordance with Art. 121 (2)
(5) Remaining exclusive properties of the spouses shall
thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from
whatever source, the loss or deterioration of
movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the
conjugal funds, if any.
(7) The net remainder of the CPG properties shall
constitute the profits, which shall be divided equally
between husband and wife, unless a different
division was agreed upon in the marriage
settlements or unless there has been a voluntary
waiver or forfeiture of such share as provided in this
Code.
(8) The presumptive legitimes of the common children
shall be delivered upon the partition in accordance
with Article 51.
(9) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall,
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
the common children choose to remain. In case
there is no such majority, the court shall decide.
[Art. 103 / 131] Upon the termination of the marriage by death, the ACP/CPG shall be liquidated in the
same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the ACP/CPG judicially
or extrajudicially within six months from the death of the deceased spouse. If upon the lapse of the six
month period, no liquidation is made, any disposition or encumbrance involving the ACP/CPG of the
terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall govern the property relations of
the subsequent marriage.