COMPARISON OF PROPERTY REGIMES

ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP OF COMPLETE SEPARATION OF UNIONS WITHOUT

PROPERTY (ACP) GAINS (CPG) PROPERTIES (CSP) MARRIAGE
1. Fruits of conjugal property due or Without legal impediment:
received during the marriage and net Equal sharing and ownership on all
fruits of separate property properties acquired properties that
2. Those acquired through are brought upon living together are
occupation Retains individual ownership of to be considered conjugal (Co-
all the property owned by the 3. Livestock in excess of what was each property that they had brought Ownership)
spouses at the time of the celebration brought to the marriage into the marriage as well as the
INCLUDES
of the marriage or acquired 4. Those acquired during the properties the properties they had With legal impediment:
thereafter. marriage with conjugal funds individually acquired after judicial only the properties by both of the
5. Share in hidden treasure settlement parties through their actual joint
6. Those obtained from labor, contribution of money , property,
industry, work or profession of industry shall be owned by them in
either or both spouse common proportion to their
7. Those acquired by chance respective contribution.
1. Property acquired before the Properties …
marriage by either spouse who has 1. That brought into the marriage as
legitimate descendants by a former his/her own
marriage and its fruit and income 2. That acquired during the marriage
The properties and its proceeds that
2. Property for personal and gratuitously
EXCLUDES are acquired during the marriage for Belongs to the party upon the proof
exclusive use except jewelry 3. That acquired by redemption,
the use of the family of acquisition through exclusive
3. Property acquired during the barter or exchange with exclusive
funds.
marriage by gratuitous title, except property
when the donor, testator or grantor 4. That purchased with exclusive
expressly provides otherwise. money of spouse
LIABLE FOR 1. support of the spouses, their 1. support of the spouses, their 1. Both spouses shall bear the The credits and liabilities of said
common children and legitimate common children and legitimate family expenses in proportion to Conjugal Properties
children of either spouse children of either spouse their income
2. Debts and obligations contracted 2. Debts and obligations contracted 2. The liability of the spouses to the
by either spouse without the consent by either spouse without the consent creditors for the family expenses
of the other to the extent that it of the other to the extent that it shall be solidary
benefited the family benefited the family
3. Taxes, liens, charges and 3. Taxes, liens, charges and
expenses upon community property expenses upon community property
4. Expenses of litigation between 4. Expenses of litigation between
spouses unless the suit is found to be spouses unless the suit is found to be
groundless groundless
6. Ante-nuptial debts which 6. Ante-nuptial debts which
 redounded to the benefit of the
family
7. Taxes and expenses for mere redounded to the benefit of the
preservation made during the family
marriage upon the separate property 7. Taxes and expenses for mere
of either spouse used by the family preservation made during the
8. expenses for professional or marriage upon the separate property
vocational course of either spouse used by the family
9. Other ante-nuptial debts, support 8. expenses for professional or
of the illegitimate child, and vocational course
liabilities for crime or quasi-delicts 9. Donated or promised to common
in the absence of separate property legitimate children for profession,
10. Donated or promised to common vocational course or self-
legitimate children for profession, improvement
vocational course or self-
improvement

if loss, borne by the loser spouse and

All losses are for the loser-spouse All losses are for the loser-spouse All losses are for the loser-spouse
shall not be charged to the
GAME OF CHANCE while all winnings are part of the while all winnings are part of the while all winnings are part of the
community property
conjugal fund/property conjugal fund/property conjugal fund/property
if winnings, it will form part of the
community property
Each spouse shall own, dispose of,
possess, administer and enjoy his or Depends on who the spouses
Jointly administered by both spouses The administration and enjoyment of
ADMINISTRATION AND her own separate estate without the appoint to administer but its
but its enjoyment is for the whole the conjugal partnership shall belong
ENJOYMENT need of the consent of the other may enjoyment is for the whole family
family to both spouses jointly
be transferred by the court to the (determined by Article 142)
other
The husband’s decision shall
The husband’s decision prevails but prevail, subject to recourse to the
the wife may file a case in court court by the wife for proper remedy,
With consent as to the properties
*IN CASE OF DISAGREEMENT within five years from the date of which must be availed of within five No consent is required
acquired during cohabitation
the contract implementing the years from the date of the contract
husband’s decision implementing such decision

The capacitated spouse may assume The capacitated spouse may assume The court shall appoint a suitable
*IN CASE OF INCAPACITY
sole powers of administration sole powers of administration person to be the administrator
DISPOSITION Either spouse may dispose by will of Administrator-spouse cannot dispose Each spouse shall dispose his or her Neither party can dispose of his/her
his or her interest in the community such properties without written own separate estate, without need of share  in the property acquired
property consent of the other spouse or the consent of the other including its during cohabitation and owned in
authority of the court earnings common, without the consent of the
other, until after the termination of
 their cohabitation
Before Marriage: Before Marriage: Before Marriage:
Allowed to donate not more than 1/5 Allowed to donate not more than Allowed to donate not more than
Neither spouse of his/her property. 1/5 of his/her property. 1/5 of his/her property.
may donate any conjugal
partnership property During Marriage: During Marriage: During Marriage:
without the consent of the other. Neither spouse Neither spouse Neither spouse
However, either spouse may, may donate any conjugal may donate any conjugal may donate any conjugal
DONATIONS TO EACH
without the consent of the other, partnership property partnership property partnership property
OTHER
make moderate donations from the without the consent of the other. without the consent of the other. without the consent of the other.
conjugal partnership property for However, either spouse may, However, either spouse may, However, either spouse may,
charity or on occasions of family without the consent of the other, without the consent of the other, without the consent of the other,
rejoicing or family distress make moderate donations from the make moderate donations from the make moderate donations from the
conjugal partnership property for conjugal partnership property for conjugal partnership property for
charity or on occasions of family charity or on occasions of family charity or on occasions of family
rejoicing or family distress rejoicing or family distress rejoicing or family distress
TERMINATION 1. Death of either spouse Upon death of a spouse, decree of 1. When civil interdiction When one or both parties act in bad
2. Decree of legal separation legal separation, marriage terminates faith.
3. Annulment or declaration of annulled or declared void, and 2. When absentee spouse re
nullity of marriage in case of judicial separation of appears
4. Judicial separation of property property during the marriage 3. When the court being satisfied
during marriage that the spouse granted the
power of administration in the
marriage settlement will not
again abuse that power,
authorizes resumption of
administration of the spouse
formerly exercising such power
4. When the spouse, who has left
the conjugal home without
decree of legal separation,
returns and resumes common
life with the other.
5. When parental authority is
judicially restored to the spouse
previously deprived thereof
6. When the spouse who have
separated in fact for at least one
year , reconcile and resume
common life
7. When after voluntary
dissolution of ACP or CPG,
 spouses agree to revive their
property regime
Shall not affect the regime of Shall not affect the regime of
absolute community except absolute community except
1. the spouse who leaves the 1. the spouse who leaves the
conjugal home or refuses to conjugal home or refuses to
live therein , without just live therein , without just
cause, shall not have the right cause, shall not have the right
to be supported to be supported
2. When the consent of one 2. When the consent of one Ground for separation of property if
spouse to any transaction of the spouse to any transaction of the the separation in fact is of at least
SEPARATION IN FACT
other is required by law, other is required by law, one year and the reconciliation is
judicial authorization shall be judicial authorization shall be highly improbable.
obtained in the summary obtained in the summary
proceedings proceedings
3. in the absence of sufficient 3. in the absence of sufficient
community property, the community property, the
separate property of both separate property of both
spouses shall be solidarily spouses shall be solidarily
liable to support of the family. liable to support of the family.
the aggrieved spouse may
the aggrieved spouse may petition
petition the court for
the court for receivership, for
receivership, for judicial
judicial separation of property, or for
separation of property or for
ABANDONMENT authority to be the sole administrator
authority to be the sole
of the conjugal partnership property,
administrator of the absolute
subject to such precautionary
community subject to courts
conditions as the court may impose
conditions
DISSOLUTION 1. Inventory of all properties 1. inventory of all property 1. Inventory of all properties
(community property, separate 2. Amounts advanced by CP as (community property, separate
property of the wife, separate payment for personal debts and property of the wife, separate
property of the husband) obligations of either spouse are property of the husband)
2. Debts and obligation of ACP are credited 2. Debts and obligation of ACP are
paid 3. Reimbursement for use of paid
3. Remainder of the separate exclusive funds 3. Remainder of the separate
properties of the spouses are 4. Debts and obligations of the CP properties of the spouses are
returned to the owner are paid returned to the owner
4. Net remainder of the ACP is 5. Remains of exclusive properties 4. Net remainder of the ACP is
divided equally between husband are returned divided equally between husband
and wife 6. Indemnify loss of deterioration of and wife
5. Presumptive legitimes of children movables belonging to either spouse 5. Presumptive legitimes of children
are delivered used for the benefit of the family are delivered
 7. Net remainder of conjugal
property is divided equally
6. Adjudication of conjugal
6. Adjudication of conjugal dwelling 8. Delivery of children's
dwelling and custody of common
and custody of common children presumptive legitimes
children
9. Adjudication of conjugal dwelling
and custody of children
1. termination of property by death 1. termination of property by death
2. same proceeding for settlement of 2. same proceeding for settlement of
the estate of the deceased the estate of the deceased
3. If no judicial settlement, the 3. If no judicial settlement, the
surviving spouse shall liquidate the surviving spouse shall liquidate the
CP either judicially or extra- CP either judicially or extra-
judicially within one year judicially within one year It is presumed that both spouses
LIQUIDATION
4. No liquidation upon the lapse 4. No liquidation upon the lapse have equal contribution.
time, dispositions or encumbrance time, dispositions or encumbrance
shall be void shall be void
5. Mandatory regime of complete 5. Mandatory regime of complete
separation of property shall govern separation of property shall govern
during the subsequent marriage if during the subsequent marriage if
the first marriage failed to liquidate. the first marriage failed to liquidate.

Submitted by: RAMIL A. ESCASO