ABSOLUTE COMMUNITY

PROPERTY
g. Liabilities and Charges
h. Administrative
i. Disposition
j. Dissolution
k. Effect of separation-in-fact, abandonment and
non compliance with obligation
l. Liquidation
 LIABILITIES AND CHARGE
Art. 94. The absolute community of
property shall be liable for:
a. The support of the spouses, their common children,
and legitimate children of either spouse;
b. All debts and obligations contracted by one
spouse with the consent of the other;
c. Debts and obligations contracted by either spouse
without the consent;
d. All taxes, liens, charges and expenses;
e. All taxes and expenses for mere preservation;
f. Expenses for self-improvement;
g. Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the
family;
h. The value of what is donated or promised by
both spouses;
i. Ante-nuptial debts of either spouse other than
those falling under paragraph (7) of this Article;
j. Expenses of litigation between the spouses unless
the suit is found to be groundless.

NOTES:
1. 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.
2. 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.
 ADMINISTRATION
GENERAL RULE:

Art. 96. The administration and

enjoyment of the community
property shall belong to both
spouses jointly.
( Matthews v. Taylor, G.R. No. 164584, June 22, 2009)
 EXCEPTIONS:

a. In case of disagreement, the husband's

decision shall prevail.

b. In the event that one spouse is incapacitated

or otherwise unable to participate in the
administration of the common properties, the
other spouse may assume sole powers of
administration.
 DISPOSITION

Art. 97. Either spouse may dispose

by will of his or her interest in the
community property.
 DONATION OF COMMUNAL
PROPERTY, PROHIBITED
GENERAL RULE:

Art. 98. Neither spouse may donate

any community property without
the consent of the other.
EXCEPTIONS:
a. make moderate donations from the
community property for charity

b. make moderate donations from on

occasions of family rejoicing or family
distress
 DISSOLUTION
Art. 99. The absolute community
terminates:
a. Upon the death of either spouse;
b. When there is a decree of legal separation;
c. When the marriage is annulled or declared
void; or
d. In case of judicial separation of property
during the marriage under Articles 134 to
138.
 EFFECT OF SEPARATION DE
FACTO
Art. 100. The separation in fact between
husband and wife shall not affect the
regime of absolute community except
that:
a.The spouse who leaves the conjugal home or
refuses to live therein, without just cause;
b. When the consent of one spouse to any
transaction of the other is required by law;

c. In the absence of sufficient community

property, the separate property of both spouses
shall be solidarily liable for the support of the
family.
 LIQUIDATION
Art. 102. Upon dissolution of the
absolute community regime, the
following procedure shall apply:
a.An inventory shall be prepared;
b.The debts and obligations of the absolute
community shall be paid out of its assets;
c. Whatever remains of the exclusive properties
of the spouses shall thereafter be delivered to
each of them;
d. The net remainder of the properties of the
absolute community shall constitute its net
assets;
e. The presumptive legitimes of the common
children shall be delivered upon partition;
f. Unless otherwise agreed upon by the parties
Art. 103. Upon the termination of
the marriage by death:
the community property 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 community property either judicially or
extra-judicially within six months from the
death of the deceased spouse.
Art. 104. Whenever the liquidation of the
community properties of two or more
marriages contracted by the same person
before the effectivity of this Code is carried
out simultaneously