PROPERTY REGIME OF

ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP

REGIME
A system of property relation
that treats properties acquired
by the spouses during their
marriage as jointly owned.
Based essentially on mutual
trust and confidence between
the spouses and fosters
oneness and unity between
them. This is in fact the
tradition and custom among
the great majority of Filipinos
and this is the reason why the
Family Code adopts this
system instead of the conjugal
partnership of gains, which is
taken from Spanish law.
The default property regime of When it has been agreed upon When it has been agreed
the spouses.
The rules governing co-
ownership shall apply in all
matters not provided for in the the contract of partnership in marriage settlements that
Family Code.
Parties deemed as co-owners Parties retain ownership over Each spouse shall own,
of properties they both own at their respective properties.
the time of the celebration of All property acquired during
marriage and those acquired the marriage, whether the
thereafter.
ABSOLUTE SEPARATION UNIONS WITHOUT
OF GAINS
MARRIAGE
DEFINITION
It is that formed by a husband The matrimonial property The property relations of
and his wife whereby they regime agreed upon in the the parties during the
place in a common fund the marriage settlement by the period of cohabitation:
fruits of their separate property, future spouses whereby each a. Without the benefit of
and the income from their work spouse shall own, dispose of, marriage or when the
or industry, the same to be possess, administer, and marriage is void, or
divided between them equally enjoy his or her own separate b. When one or both
upon the dissolution of the estate and earnings without partners are not
marriage or the partnership. the consent of the other, with capacitated to marry, as
each spouses proportionately when one (or both) has
bearing the family expenses. an existing or prior
marriage which has not
been annulled/declared
void.
BASIS
The capital or properties of the Based on distrust
spouses are kept separate and
distinct from the benefits
acquired by them during the
marriage. This constitutes an
insurmountable obstacle to the
presumption of solidarity
between the spouses
ESTABLISHMENT
in the marriage settlement. upon in the marriage
settlement.
GOVERNING RULES
The conjugal partnership shall Art. 143. Should the future a. The rules of co-
be governed by the rules on spouses agree in the ownership govern the
property relationship of
all that is not in conflict with their property relations during these couples.
what is expressly determined marriage shall be governed b. The special co-
in this Chapter or by the by the regime of separation of ownership only covers
spouses in their marriage property, the provisions of this property acquired by
settlements. Chapter shall be suppletory. both parties through
their actual joint
contribution of money,
property or industry.
This is very similar to an
ordinary partnership.
EFFECT
dispose of, possess,
administer and enjoy his or
her own separate estate,
acquisition appears to have without need of the consent of
been made, contracted or the other.
registered in the name of one
or both spouses, is presumed
to be conjugal unless the
contrary is proved.

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 COMMENCEMENT
At the precise moment the It begins at the precise If the future spouses failed to
marriage is celebrated and any moment when the marriage is choose the system of
stipulation allowing for the celebrated, exactly like in complete separation
commencement of such absolute community of of properties in their marriage
system at a later time shall be property. settlements, it is still possible
considered as void. for them to be governed by
this regime during their
marriage by going to court for
a judicial order.

Art. 91. Unless otherwise
provided in this Chapter or in
the marriage settlements, the
community property shall
consist of all the property
owned by the spouses at the
time of the celebration of the
marriage or acquired
thereafter.
COVERAGE
1. Those acquired by onerous 1. Wages and salaries of
title during the marriage at either the man and the
the expense of the common woman
fund, whether the 2. Property acquired
acquisition be for the through the work or
partnership, or for only of industry of either or
the spouses; both
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.

EXCLUSIVE PROPERTIES
1. Property acquired during the 1. That which is brought to the
marriage by gratuitous title marriage as his or her own;
by either spouse and the 2. That which each acquires
fruits as well as the income during the marriage by
thereof, if any, unless it is gratuitous title;
expressly provided by the 3. That which is acquired by
donor, testator, or grantor right of redemption, by
that they shall form part of barter or by exchange with
the community property. property belonging to only
2. Property for personal and one of the spouses; and

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 exclusive use of either 4. That which is purchased with
spouse. However, jewelry exclusive money of the wife
shall form part of the or of the husband.
community property.
3. Property acquired before the
marriage by either spouse
who has legitimate
descendants by a former
marriage and the fruits as
well as the income, if any,
of such property.
ADMINISTRATION
Administration and enjoyment The administration and Parties are free to manage
of the community property enjoyment of the conjugal their respective properties
shall belong to both spouses partnership shall belong to without interference of the
jointly. both spouses jointly. other.

Neither spouse may donate
any community property
without the consent of the
other.
DONATION
Neither spouse may donate Parties are free to donate
any conjugal partnership without interference of the
property without the consent of other.
the other.

DISSOLUTION
What is divided equally In the conjugal partnership of
between the spouses or their gains, however, the separate
heirs upon the dissolution and properties of the spouses are
liquidation of the community returned upon the dissolution
property is the net remainder of the partnership, and only the
of the properties of the net profits of partnership are
absolute community, so that it divided equally between the
may happen that a piece of spouses or their heirs.
land owned by either spouse
before the marriage, being the
only property left after the
dissolution of the absolute
community, would be divided
between the spouses or their
heirs.
LIQUIDATION
It is easier to liquidate the The exclusive properties of the
absolute community property parties will have to be
because the net remainder of identified and returned, and
the community properties is sometimes, this identification is
just divided between the very difficult.
spouses or their heirs.
CHARGES AND OBLIGATIONS
Art. 94. The absolute Art. 122. The payment of Both spouses shall bear the
community of property shall be personal debts contracted by family expenses in proportion
liable for: the husband or the wife before to their income, or, in case of
(1) The support of the or during the marriage shall not insufficiency or default
spouses, their common be charged to the conjugal thereof, to the current market
children, and legitimate properties partnership except value of their separate
children of either spouse; insofar as they redounded to properties.
however, the support of the benefit of the family.
illegitimate children shall be Neither shall the fines and The liabilities of the spouses
governed by the provisions of pecuniary indemnities imposed to creditors for family
this Code on Support; upon them be charged to the expenses shall, however, be
(2) All debts and obligations partnership. solidary.
contracted during the marriage However, the payment of
by the designated personal debts contracted by
administrator-spouse for the either spouse before the
benefit of the community, or by marriage, that of fines and

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 both spouses, or by one indemnities imposed upon
spouse with the consent of the them, as well as the support of
other; illegitimate children of either
(3) Debts and obligations spouse, may be enforced
contracted by either spouse against the partnership assets
without the consent of the after the responsibilities
other to the extent that the enumerated in the preceding
family may have been Article have been covered, if
benefited; the spouse who is bound
(4) All taxes, liens, charges should have no exclusive
and expenses, including major property or if it should be
or minor repairs, upon the insufficient; but at the time of
community property; the liquidation of the
(5) All taxes and expenses for partnership, such spouse shall
mere preservation made be charged for what has been
during marriage upon the paid for the purpose above-
separate property of either mentioned. (163a)
spouse used by the family;
(6) Expenses to enable either
spouse to commence or
complete a professional or
vocational course, or other
activity for self-improvement;
(7) Antenuptial debts of either
spouse insofar as they have
redounded to the benefit of the
family;
(8) The value of what is
donated or promised by both
spouses in favor of their
common legitimate children for
the exclusive purpose of
commencing or completing a
professional or vocational
course or other activity for self-
improvement;
(9) Antenuptial debts of either
spouse other than those falling
under paragraph (7) of this
Article, the support of
illegitimate children of either
spouse, and liabilities incurred
by either spouse by reason of
a crime or a quasi-delict, in
case of absence or
insufficiency of the exclusive
property of the debtor-spouse,
the payment of which shall be
considered as advances to be
deducted from the share of the
debtor-spouse upon liquidation
of the community; and
(10) Expenses of litigation
between the spouses unless
the suit is found to be
groundless.
If the community property is
insufficient to cover the
foregoing liabilities, except
those falling under paragraph
(9), the spouses shall be
solidarily liable for the unpaid
balance with their separate
properties.

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Art. 95. Whatever may be lost
during the marriage in any
game of chance, betting,
sweepstakes, or any other kind
of gambling, whether permitted
or prohibited by law, shall be
borne by the loser and shall
not be charged to the
community but any winnings
therefrom shall form part of the
community property.
RULES IN GAME OF CHANCE
Art. 123. Whatever
may be lost during the
marriage in any game of
chance or in betting,
sweepstakes, or any other
kind of gambling whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the conjugal
partnership but any winnings
therefrom shall form part of
the conjugal partnership
property.

TERMINATION
Art. 99. The absolute Art. 126. The conjugal The co-ownership cannot
community terminates: partnership terminates: be terminated until the
(1) Upon the death of either (1) Upon the death of either cohabitation is also
spouse; spouse; terminated.
(2) When there is a decree of (2) When there is a decree of
legal separation; legal separation;
(3) When the marriage is (3) When the marriage is
annulled or declared void; or annulled or declared void; or
(4) In case of judicial (4) In case of judicial
separation of property during separation of property during
the marriage under Article the marriage under Articles
134 to 138. 134 to 138

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