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What is Absolute Community of Property?
The property regime of the spouses in the absence of a marriage settlement or when the marriage is void. This is so because it is more in keeping with Filipino culture.
When does absolute community of property commence?
It commences at the precise moment the marriage is celebrated; any stipulation for the commencement thereof at any other time is void. The same applies to CPG.
Does provisions on co-ownership apply to ACP?
Yes. Provisions of co-ownership apply to ACP in all matters not provided by the Chapter on ACP (Art 90)
What is the general rule on Absolute Community of Property?
Community property shall consist of all property owned by the spouses at the time of the marriage or acquired thereafter (Art 91)
What are the exceptions on Absolute Community of Property? (BEG)
1. Property, including fruits and income thereof, acquired Before the marriage by either spouse who has legitimate descendants by a former marriage.
2. Property for personal and exclusive use except jewelry
3. Property acquired during the marriage by gratuitous title, including fruits and income thereof , except when the donor, testator, or grantor expressly provides otherwise.
What is the presumption in ACPs?
Property acquired during the marriage is presumed to belong to the community unless otherwise proven (art 93)
Is there a waiver or rights in marriage?
No waiver of rights allowed during the marriage except in case of judicial separation of property. The waiver must be in a public instrument and recorded in teh office of the local civil registrar where the marriage contract was recorded as well as in the proper registry of property (art 89 and 77). The same applies to CPG
What are the rules on games of chance?
Loss: Shall be bourne by the loser-spouse and shall not be charged to the community property
Winnings: Shall form part of the community property (Art 95)
What are the exceptions on the rules of games of chance?
If said ticket is gratuitously given by a friend to a spouse, only upon express provision of the donor will be considered part of the community property.
Note: The same applies to CPG
What is the general rule on the administration and disposition of the community property?
Administration shall belong to both spouses jointly.
What are the exceptions to the general rule on the administration and disposition of the community property?
1. In case of disagreement, husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy within 5 years from date of contract implementing such decision.
2. In case one spouse in incapacitated or unalbe to participate in the administration of the common properties, the other spouse may assume sole powers of administration (art 96)
- - These powers DO NOT include
-Written consent of other spouse or authority of the court is required, otherwise disposition or encumberance is VOID
-The same applies to CPG
What is the ruling on Abalos vs Macatangay ?
The husband and wife are the joint administrators of their properties forming part of the conjugal partnership and absolute community of properties. The right vested upon them to 1/2 of the conjugal assets does not vest until the dissolution and liquidation of the conjugal partnership. The sale by the husband of property belonging to the conjugal partnership or the absolute community without the consent of the wife or authority of the court is void.
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.
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.
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 or exclusive use of either spouse. However, jewelry shall form part of community property.
3. 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.
Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.
The absolute community of property is 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 debt 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 consent of the other to the extent that the family may have 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 the 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. Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family.
8. The vale of what is donated or promised by both spouses in favor of their commo legitimate children for the exclusive purpose of commencing or completing a professional for 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 legitimate children of either spouse, and liabilities incurred by eithr spouse by reaosn of a crime or a quasi delict, in case of absence or insufficiency of the exclusive property of teh debtor spouse, the payment of which shall be considered as advances to be deducted from teh 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 sufficient to cover foregoing liabilities, except those falling under par 9, the spouses can be solidarily liable for the unpaid balance with their separate properties.
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 bourne by the loser and shall not be charged to the commnity but any winings therefrom shall form part of the community property.