SYSTEM OF

ABSOLUTE
COMMUNITY
Article 88.
The absolute community of property
between spouses shall commence at the
precise moment that the marriage is celebrated.
Any stipulation, express or implied, for the
commencement of the community regime at
any other time shall be void.

In the absence of any agreement to the

contrary, shall be the absolute community of
property
ABSOLUTE COMMUNITY OF
PROPERTY
Allproperties owned by the contracting
parties before the marriage ceremony
and those which they may acquire there
after shall comprise the absolute
community property regime.
However, no waiver of rights, interest,
shares and effects of absolute community
of property can be made except upon
judicial separation of property.
 ALIEN MARRIED TO FILIPINO
An alien married to a Filipino cannot have any
interest in the community or partnership property.
The Supreme Court said:
Aliens, whether individual or corporations, have been
disqualified from acquiring lands of public domain.
Hence, by virtue of the aforecited constitutional
provision, they are also disqualified from acquiring
private lands.
The primary purpose of this is the conservation of
national patrimony
COMMENCEMENT
The absolute community of property
commences at the precise moment of
the celebration of the marriage.
Any stipulation, express or implied, for the
commencement of the community
regime at any other time shall be void.
 Article 89
No waiver of rights, interest, shares and effects
of the absolute community of property during the
marriage can be made except in case of judicial
separation of property.
When the waiver takes place upon a judicial
separation of property, or after the marriage has been
dissolved or annulled, the same shall appear in a
public instrument and shall be recorded as provided
in Article 77. The creditors of the spouse who made
such waiver may petition the court to rescind the
waiver to the extent of the amount sufficient to cover
the amount of their credits
Article 90
The provisions on co-ownership shall
apply to the absolute community property
between the spouses in all matters not
provided for in this chapter.
WHAT CONSTITUTES
COMMUNITY PROPERTY
Article 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.
 Article 92
The following shall be excluded from the community
property:
(1) Property acquired during the marriage by gratuitous
title by either spouse, and the fruits as well as the
income thereof, if any, unless it is expressly provided by
the donor, testator or grantor that they shall form part of
the community property;
(2) Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
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
Article 93
Property acquired during the marriage
is presumed to belong to the community,
unless it is proved that it is one of those
excluded therefrom.
SPECIAL TYPE OF CO-
OWNERSHIP
The law provides that the provisions on
co-ownership shall apply to the absolute
community of property between the
spouses in the matters not provided for in
this particular Chapter of Family Code.
EXCLUSIONS
 Thereare four excluded properties from
the absolute community property. Article
91 provides that the marriage settlement
may provided for exclusions, therefore
making the exclusions thereon depend
upon the will of the parties, and Article 92
provides for statutory exclusions.
MARRIAGE SETTLEMENT
The first exclusions are properties of each
spouse that are excluded from the
community of property in the marriage
settlement. This is in accordance with
Article 1 of the Family Code, which
pertinently provides that marriage
settlements may fix the property relations
during the marriage within the limits
provided by this Code.
GRATUITOUS TITLE
Thesecond exclusion is property acquired
by gratuitous title. It must be a valid
gratuitous acquisition during the marriage.
PERSONAL AND EXCLUSIVE USE
The third exclusion is property for personal and
exclusive use of either of the spouses, except
jewelry which shall form part of the
community property.
The only exception is jewelry which must
involve substantial amount. This exception
highlights the fact that the property for
personal and exclusive use referred to in the
general rule must be interpreted in terms of
value.
PROPERTY FROM PREVIOUS
MARRIAGE
The fourth exclusion is property acquired
before the marriage by either spouse who
has legitimate descendants by a former
marriage, and fruits as well as the income,
if any, of such property.
Descendants not merely children.
NATURE OF ACQUIRED
PROPERTY USING SEPARATE
PROPERTIES
Under Article 109(4) of the Family Code,
one of the exclusive properties of the
spouse in relation to the conjugal
partnership of gains is that which is
purchased with the exclusive money of
the wife or of the husband.
 The exclusions are only those contained in
a marriage settlement under the
exception in Article 91 and those
provided in this chapter which are
contained in Article 92.
There are no other exclusions provided by
law.
CHARGES UPON AND
OBLIGATIONS OF THE
ABSOLUTE COMMUNITY
 Article 94
The absolute community of property shall be liable for:
(1)The support of the spouses, their common
children, and legitimate children of either spouse;
however, the support of illegitimate children shall
be governed by the provisions of this Code on
Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse
for the benefit of the community, or by both
spouses, or by one spouse with the consent of the
other;
 (3) Debts and obligations contracted by either
spouse without the consent of the other to the
extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including
major or minor repairs, upon the community
property;
(5) All taxes and expenses for mere preservation
made during marriage upon the separate property
of either 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) Ante-nuptial 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) Ante-nuptial 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.
 LIABILITY OF THE ABSOLUTE
COMMUNITY OF PROPERTY
The
charges upon and obligations of the absolute
community of property are specified in Article 94.
SUPPORT
Support is the most sacred and important of
all obligations imposed by law and is imposed
with overwhelming reality.
Support comprises everything indispensable
for sustenance, dwelling, clothing, medical
attendance, education and transportation, in
keeping with the financial capacity of the
family.
Support of illegitimate children shall be
governed by the provisions on Support under
the Family Code.
DEBTS AND OBLIGATIONS
If the administration of the property has been
delegated to any one of the spouses and he or
she, as the administrator during the marriage,
contracted a debt or obligation for the benefit of
the community, the absolute community of
property shall be liable for the same.
Even if the debt or obligation were not for the
benefit of the community, the absolute
community of property shall be liable if such debt
or obligation were contracted during the marriage
by both spouses or by anyone of them with the
consent of the other.
TAXES, LIENS, CHARGES,
REPAIRS
Alltaxes, liens, charges and expenses,
including major or minor repairs, upon the
community property shall be chargeable
to the absolute community of property.
This can be done even without the
consent of the other spouse following the
general rules on co-ownership.
TAXES, EXPENSES FOR
PRESERVATION OF SEPARATE
PROPERTY
Theaccountability of the absolute
community of property for expenditures
incurred for purposes of preservation of
the separate property of any of the
spouses in premised on the fact that such
separate property has been used by the
family during the marriage.
EXPENSES OR DONATION FOR
SELF-IMPROVEMENT
Essentially,expenses given to either
spouse for education and training are
within the ambit of the support for which
the absolute community of property is
likewise liable.
The donation must be by both of the
spouse . If only one of the spouses
donate, it is void.
Except moderate gifts.
LIABILITIES BY REASON OF A
CRIME OR QUASI-DELICT
The absolute community of property shall not
be liable to pay the obligation or debt arising
from crime or quasi-delict of a particular
spouse
However, in case of absence or insufficiency
of the exclusive property of the debtor-
spouse, the absolute community of property
shall pay but such payments shall be
considered as advances to be deducted
from the share of the debtor spouse upon
liquidation of the community.
With respect to quasi-delict, Article
2176 of Chapter 2, Title XVII of the
Civil Code provides that:

Whoever by act or omission cause damage to

another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between
parties, is called quasi-delict and is governed by the
provision of this Chapter.
EXPENSES OF LITIGATION
Provided,that the suit is between the
husband and wife and that the case is
not groundless, the absolute community
of property may be liable for the
expenses of litigation.
SOLIDARITY LIABILITY OF
SPOUSES
Solidarityobligations are those where
several creditors or debtors or both
concur, and where each creditor has the
right to demand and each debtor is
bound to perform, in its entirety, the
prestation constituting the object of the
obligation (Comments and Cases in Civil
Law by Eduardo P. Caguioa, Volume IV
on Obligations and Contracts, 1983
Edition, page 242).
INSOLVENCY OF SPOUSES
Solong as the absolute community
subsists, its property shall not be among
the assets to be taken possession of by
the assignee for the payment of the
insolvent debtors obligations, except
insofar the latter have rebounded to the
benefit of the family (Article 2238 of the
Civil Code).
Article 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.
GAINS AND LOSSES IN GAMES
OF CHANCE
Engaging in any game of chance,
betting, sweepstakes, or any kind of
gambling, whether permitted or
prohibited by law, will unduly increase the
probability of uselessly depleting the
resources of the community property
which principally must answer for the
important obligations enumerated in
Article 94.
 Hence, Article 95 provides that losses
during marriage in such highly risky and
purely speculative activities enumerated
therein shall be borne by the loser.
However, winnings, as expressly provided
under Article 95, shall form part of the
community property.
OWNERSHIP,
ADMINISTRATION,
ENJOYMENT AND
DISPOSITION OF THE
COMMUNITY PROPERTY
Article 96
The administration and enjoyment of
the community property shall belong to both
spouses jointly. In case of disagreement, the
husbands decision shall prevail, subject to
recourse to the court by the wife for a
proper remedy, which must be availed of
within five years from the date of the
contract implementing such decision.
 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. These powers
do not include disposition or encumbrance without
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a
binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is
withdrawn by either or both offerors.
JOINT ADMINISTRATION AND
ENJOYMENT
Jointadministration and enjoyment by the
spouses of the absolute community of
property highlight the fact that, in this
particular regime, the spouse are co-
owners of the properties they introduced
into the marriage and those acquired
after the marriage ceremony except
those as may be excluded in the
marriage settlement and those listed
under Article 92.
 However, the administration of the
property may be validly delegated to
only one spouse in a marriage settlement
executed prior to the marriage.
Each spouse may act individually even
without the consent of the other in cases
of repairs to the property as there may be
problems on these matters which need
immediate decisions.
 The expenses to improve or embellish the
thing shall be decided by the co-owners.
None of the co-owners shall, without the
consent of the other, make alterations in
the thing owned in common.
In case of disagreement, the husbands
decision shall temporarily prevail.
EFFECT OF ALIENATION AND
ENCUMBRANCE
Considering, however, the idea of the
absolute community of property which is
the merger into a single ownership of the
separate properties of the husband and
wife acquired before and during the
marriage, under the Family Code, any
disposition by one spouse of the said
properties, completely without the
knowledge and consent of the other
spouse, is null and void.
EFFECT OF INCAPACITY OF
ONE OF THE SPOUSE ON
ADMINISTRATION
Incase one of the spouse is
incapacitated or otherwise unable to
participate in the administration of the
common properties, the other spouse
may assume sole powers of
administration.
Article 97
Either spouse may dispose by will of
his or her interest in the community property.
DISPOSITION BY WILL
A will is an act whereby a person is
permitted, with the formalities prescribed
by law, to control to a certain degree the
disposition of his estate, to take effects
after his death (Article 783 of the Civil
Code).
Article 98
Neither spouse may donate any
community property without the consent of
the other. However, either spouse may,
without the consent of the other, make
moderate donations from the community
property for charity or on occasions of
family rejoicing or family distress.
REASON PROHIBITING
DONATIONS
The prohibition against a gift or donation
of the community property by either
spouse without the consent of the other is
intended to protect the latters share
therein from the prodigality of a reckless
of faithless spouse (Estate of McNutt, 36
Cal App 2d 542, 98 P2d 253)
DISSOLUTION OF
ABSOLUTE COMMUNITY
REGIME
Article 99
The absolute community 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 Articles 134 to
138.
DISSOLUTION OF COMMUNITY
PROPERTY
The termination of the absolute
community of property does not
necessarily mean the termination of the
marriage.
But the termination of a marriage
simultaneously results in the dissolution of
the absolute community of property.
DEATH OF EITHER SPOUSE
The death of either of the spouses
terminates the marriage. Civil personality
is extinguished by death (Article 42 of the
Civil Code).
Article 103 provides that, upon the
termination of the marriage by death, the
community of property shall be liquidated
in the same proceeding for the settlement
of the estate of the deceased.
LEGAL SEPARATION DECREE
One of the effects of a legal separation
decree is that the absolute community of
property or the conjugal partnership shall be
dissolved and liquidated but the offending
spouse shall have no right to any share of the
net profits earned by the absolute community
or the conjugal partnership, which shall be
forfeited in accordance with the provisions of
Article 43(2).
However, upon reconciliation of the parties
they may agree to revive the property regime
subject to the provision of Article 67.
ANNULMENT DECREE
The final judgment in an annulment
granting the termination of the marriage
shall provide for the liquidation, partition
and distribution of the properties of the
spouse, the custody and support of the
common children, and the delivery of
their presumptive legitime (Article 50,
second paragraph).
NULLITY DECREE
As a general rule, there is no absolute
community of property in a void
marriage. The property arrangement
describe in either Article 147 or 148
governs a void marriage.
By way of exception, there is a special
case where, in effect, an absolute
community of property or a conjugal
partnership of gains could govern a void
marriage.
 Thisis the subsequent void marriage that
could exist by the non-observance of
Article 40 which provides that the
absolute nullity of a previous marriage
may be invoked for purpose of
remarriage on the basis solely of a final
judgment declaring such previous
marriage void.
JUDICIAL SEPARATION OF
PROPERTY
Judicial separation of property may be
voluntary or involuntary.
If it is voluntary, the parties can file the
agreement for separation of property in
court to obtain the necessary court
approval (Article 136)
 Ifthe separation of property is in-
voluntary, it must be for a sufficient cause
and must likewise have court approval.
Any of the following shall be considered
sufficient cause for judicial separation of
property as provided for in Article 135 of
the Family Code:
Article 135 of the Family Code
1. That the spouse of the petitioner has been sentenced to
a penalty which carries with it civil interdiction;
2. That the spouse of the petitioner has been judicially
declared an absentee;
3. That loss of parental authority of the spouse of petitioner
has been declared by court;
4. That the spouse of the petitioner has abandoned the
latter or failed to comply with his or her obligation to the
family as provided in Article 101;
5. That the spouse granted the power of administration in
the marriage settlements has abused that power; and
6. That at the time of the petition, the spouses have been
separated in fact for at least one year and reconciliation
is highly improbable.
LIQUIDATION AFTER AFFIDAVIT
OF REAPPERANCE
Anotherinstance when an absolute
community of property or a conjugal
partnership of gains is dissolved is when a
reappearing spouse or an interested
person under Article 41 files an affidavit of
reappearance to terminate the
subsequent marriage of the present
spouse validly contracted with another
person.
 Article 100
The separation in fact between husband and wife shall not
affect the regime of absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to
live therein, 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 property, the
separate property of both spouses shall be solidarily
liable for the support of the family. 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.
EFFECT OF SEPARATION IN
FACT
Generally, the absolute community of property will
not be affected by the separation in fact
between spouses. Hence, the absolute
community of property for instance will still be
liable for all the obligations incurred by either of
the spouses for the benefit of the family. The
separate property of the separated spouses shall
still be solidarity liable for the obligation incurred
for the benefit of the family in the event that the
absolute community of property is insufficient to
pay off the obligation.
The exceptions are provided in Article 100 of the
Family Code.
NO SUPPORT
Thespouse who leaves the conjugal
home or refuses to live therein, without just
cause, shall not have the right to be
supported from the absolute community
property.
However, fault must always be proven.
COURT AUTHORIZATION
When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in
a summary manner.
Any of the spouse, whether or not he or
she was the one who left the conjugal
home without a valid cause, can seek
judicial relief.
SOLIDARY LIABILITY AND
ADMINISTRATION OF SEPARATE
PROPERTY
Article 100(3) provides that, in the absence of
sufficient community property, the separate
property of both spouses shall be solidarily liable for
the support of the family.
 Article 101
If a spouse without just cause abandons the
other or fails to comply with his or her 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.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
 A spouse is deemed to have
abandoned the other when her or she has
left the conjugal dwelling without intention
of returning. The spouse who has left the
conjugal dwelling for a period of three
months or has failed within the same period
to give any information as to his or her
whereabouts shall be prima facie presumed
to have no intention of returning to the
conjugal dwelling.
ABANDONMENT
Abandonment implies a departure by
one spouse with the avowed intent never
to return, followed by prolonged absence
without just cause, and without in the
meantime providing in the least for ones
family although able to do so. There must
be absolute cessation of marital relations,
duties, and rights with the intention of
perpetual separation.
FAILURE TO COMPLY WITH
FAMILY OBLIGATIONS
The reliefs provided under Article 101
apply only if either of the spouse fails to
comply with his or her obligations to the
family.
The obligations to the family refers to
marital, parental or property relationship.
LIQUIDATION OF THE
ABSOLUTE COMMUNITY
ASSETS AND LIABILITIES
 Article 102
Upon dissolution of the absolute community regime,
the following procedure shall apply:
(1) An inventory shall be prepared, listing
separately all the properties of the absolute
community and the exclusive properties of each
spouse.
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In case of
insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their
separate properties in accordance with the
provisions of the second paragraph of Article 94.
 (3) Whatever remains of the exclusive properties of the
spouses shall thereafter be delivered to each of them.
(4) The net remainder of the properties of the absolute
community 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 Articles 43, No. (2) and 63, No. (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) Unless otherwise agreed upon by the
parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is
situated shall be adjudicated to the spouse
with whom the majority of the common
children choose to remain. Children below
the age of seven years are deemed to have
chosen the mother, unless the court has
decided otherwise. In case there in no such
majority, the court shall decide, taking into
consideration the best interests of said
children.
LIQUIDATION PROCEDURE
Dissolutionof the absolute community
property occurs upon the happening of
the events enumerated in Article 99 of the
Family Code.
In a voluntary judicial separation of
property, the liquidation may be
governed by the agreement of the
parties provided that the court approves
the same.
INVENTORY
Allproperties or assets at the time of the
dissolution, whether belonging to the
absolute community of property or
separate property of the spouses, must be
inventoried.
 PAYMENT OF DEBTS
After the inventory, all debts for which the absolute
community property is liable must be paid.
However, under Article 94(9), payments made by
the absolute community of property due to the
insufficiency of the separate community of property
of the debtor spouse for ante-nuptial debts which
did not rebound to the benefit of the family, the
support of illegitimate children of the debtor-spouse
by reason of a crime or a quasi-delict, are
considered as advances to be deducted from the
share of the debtor-spouse upon liquidation of the
community property.
DELIVERY OF EXCLUSIVE
PROPERTIES
Afterpayment of the advances made by
the absolute community property and/or
the obligations of the same for which the
separate properties were made solidary
liable, the next step is to deliver whatever
remains of the exclusive properties of the
spouse to each of them.
PARTITION OF NET ASSETS
The next step is to equally divide the
assets, which is the net remainder of the
community property after undertaking the
first three steps provided for in Article 102,
to the spouses.
DELIVERY OF THE PRESUMPTIVE
LEGITIME
The presumptive legitime is delivered only
after the finality of a judicial decree of
annulment on grounds provided in Article
45 or of nullity of a subsequent void
marriage under Article 40 in relation to
Articles 52 and 53.
 Article 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. If
upon the lapse of the six months period, no liquidation
is made, any disposition or encumbrance involving
the community property 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.
LIQUIDATION UPON DEATH
Section 2, Rule 73 of the Rules of Court
provides that:
When the marriage is dissolved by the death of
the husband or wife, the community property
shall be inventoried, administered, and
liquidated, and the debts thereof paid, in the
estate or intestate proceedings of the
deceased spouse. If both spouses have died,
the conjugal partnership shall be liquidated in
the testate or intestate proceedings of either.
NATURE OF INTEREST OF HEIRS
PRIOR TO LIQUIDATION
The right of succession of a person are
transmitted from the moment of death, and
where, as in this case, the heir is of legal age
and the estate is not burdened with any
debts, said heir immediately succeeds, by
force of law, to the dominion, ownership
and possession of the properties of his
predecessor and consequently stands
legally in the shoes of the latter (Reganon v.
Imperial, 22 SCRA 80)
CLAIM AGAINST THE ESTATE
Upon the death of any of the spouses, the
absolute community of property or the
conjugal partnership of gains is dissolved
or terminated.
MANDATORY COMPLETE
SEPARATION OF PROPERTY
The last paragraphs of Article 103 in
relation to the absolute community of
property and of Article 130 in connection
with the conjugal partnership of gains are
identical
They apply when the first marriage is
terminated by death of one of the
spouses, and not when the first marriage
has been judicially annulled or declared
void.
Article 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, the respective capital, fruits and
income of each community shall be determined
upon such proof as may be considered
according to the rules of evidence. In case of
doubt as to which community the existing
properties belong, the same shall be divided
between the different communities in proportion
to the capital and duration of each.
SIMULTANEOUS LIQUIDATION
Article104 refers to at least two marriage
contracted prior to August 3, 1988 and
involves a situation where the community
properties of each marriage are to be
liquidated simultaneously.
 In case of doubt, the properties
inventories shall be divided between or
among the different communities in
proportion to the capital and duration of
each
There can be five (5) scenarios that are
foreseeable in case the situation is
doubtful
First scenario
When the only information known are that
the two marriages are equal in duration
and the fair market value of the
inventoried assets at the time of the
liquidation is P15,000 but the assets in
each marriage are unknown.
Second scenario
When the inventoried assets to be divided
and the duration of each marriage are
known but the actual assets in each
particular marriage are unknown.
Third scenario
When the durations of each marriage are
the same, the assets of the first and
second marriage are both known and the
assets to be inventoried are also known
Fourth scenario
When the durations of each marriage are
known but different, the assets of each
marriage are equal and the amount of
the assets to be inventoried at the time of
liquidation is ascertained.
Fifth scenario
When the durations of each marriage are
known but different, the amounts of assets
in each marriage are known, and also the
amounts of the assets to be inventoried at
the time of liquidation is ascertained