TITLE III RIGHTS AND OBLIGATIONS BETWEEN SPOUSES ARTICLE 68. EMO Covers: 1. Marital Cohabitation 2.

. Sexual Relations 3. Mutual Love, Respect & Fidelity 4. Mutual Help & Support Only Support is legally enforceable. 1-3 have remedies Marital Rape Article 266-A as amended by RA 8353 o Carnal knowledge of a woman through the use of force, threat, intimidation o Sexual Assault rape of a man o Punished as well by RA 9262 Anti Violence Against Women and their Children o Forgiveness by wife extinguishes criminal liability for marital rape Claim for Damages o No compulsion except for support unless PR is CSP ARTICLE 69. FAMILY DOMICILE General Rule: Husband & Wife will fix it but they should live together If there is disagreement, court will decide Exception: o Either spouse works abroad o Or some compelling reason o Exception to the Exception: Incompatible with Family Solidarity ARTICLE 70. ORDER OF PROPERTY LIABILITY Order: 1. Shared property 2. Income or fruits of separate properties 3. Separate properties

ARTICLE 72.

NEGLECT OF EMO AND ACTS BRINGING DANGER, INJURY OR DISHONOR TO FAMILY

Covers: 1. Receivership 2. Judicial separation of property 3. Sole administratorship 4. Annulment 5. Legal Separation 6. JDN 7. Damages under Abuse of Rights ARTICLE 19-21 8. Injunction for further disposition 9. BPO, TPO, PPO under RA 9262 ARTICLE 73. EXERCISE OF PROFESSION W/O CONSENT General Rule: o Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited ARTICLE 94 (3) Legitimate: o Debts incurred in the exercise or pursuit of legitimate profession presumed to have redounded to the benefit of the family o Debts incurred in isolated incidents should be proven to have a direct and actual benefit which redounded to the family so that shared property is liable. If benefit is indirect or speculative or remote, separate property is liable. Illegitimate: o Spouse who did not give consent objects on valid, serious moral grounds o Rules to Follow: General Rule: If benefit accrues to family before objection separate property is liable If benefit accrues to family after objection shared property is liable Article 94(3) General Rule for ACP Article 121(3) General Rule for CPG

ARTICLE 71.

FAMILY EXPENSES & MANAGEMENT OF HOUSEHOLD

TITLE IV PROPERTY RELATIONS BETWEEN SPOUSES GENERAL PROVISIONS ARTICLE 74. ORDER WHICH GOVERNS PROPERTY RELATIONS Order: 1. Marriage Settlement (MS) 2. Provisions of FC a. Before 8/3/88 CPG b. After 8/3/88 APC 3. Local Customs ARTICLE 75. PROVISIONS OF MARRIAGE SETTLEMENT General Rule: o Spouses can specify any property regime as long as it is not contrary to law, morals, public order and public policy. If no MS or PR is void: o Before 8/3/88 CPG o After 8/3/88 ACP Exception: st o 1 marriage is dissolved by death and surviving spouse fails to nd liquidate PR before contracting 2 marriage results in a mandatory nd regime of CSP for the 2 marriage Article 103 ACP Article 130- CPG ARTICLE 76. MODIFICATIONS TO MARRIAGE SETTLEMENT General Rule: o Must be made before marriage Exception: o Article 66 & 67 Legal Separation o Article 128 Judicial Separation of Property of CPG due to abandonment or failure to comply with EMO o Article 135 Statutory Judicial Separation of Property o Article 136 Voluntary Judicial Separation of Property ARTICLE 77. FORMALITIES OF MARRIAGE SETTLEMENT & MODIFICATIONS Must be written for validity and enforceability o Article 1403 (2) (c), Statute of Frauds Must be signed by the parties Must be registered in the appropriate property registries rd o To bind 3 parties

Situation: A has a mortgage on his personal property in Basak Pardo from Bank 1 in 2010. A married B in 2013. Mortgage was used personally by A and did not redound to the familys benefit. No MS o Mortgage is registered ACP is liable o Mortgage is not registered Since A has impaired the collateral, mortgage is immediately demandable (Article 1198, CC). Bank 1 can run after other exclusive properties of A. In case its still insufficient, ACP can be held liable subject to reimbursement upon liquidation of PR Spouses have MS o MS specifies that Basak property is exclusively As property but MS not registered Bank 1 can run after shared property subject to reimbursement upon liquidation of PR o MS specifies that Basak property is exclusively As property and MS is registered Bank 1 cannot run after shared property. If As exclusive property is insufficient, shared property cannot be touched since benefit did not accrue to the family If benefit redounded to family, shared property can be held liable subject to reimbursement upon liquidation of PR - Article 94(9)

ARTICLE 78. MINORS ARTICLE 79. CIVIL INTERDICTION Guardian must be a party to MS for MS to be valid Civil Interdiction Article 34, RPC

ARTICLE 80. LEX RAE SITAE CONFLICT OF LAWS RULE ON PR (Article 16, CC) General Rule: o Provisions in MS will be followed. o If no MS or not specified: Governed by Philippine law Exceptions: Both spouses are aliens Extrinsic validity of contract executed abroad and property located abroad Contract executed in the Philippines but property is abroad and such place requires different formalities for extrinsic validity

Acceptance must also be in a public document, either the same deed of donation or in a separate public instrument

ARTICLE 81. EFFICACY OF MS General Rule: o Non-celebration of marriage, MS is void Exception: o Certain provisions that can stand outside marriage and is not dependent on the same remain valid

ARTICLE 84. LIMITATIONS ON DPN DPNs between spouses o DNP is contained in MS MS must be valid MS must specify a PR other than ACP 1/5 limitation applies. Inofficious donations not allowed compulsory heirs are protected DPN is rendered void on non-celebration of marriage Article 81 o DNP is contained in separate deed of donation MS must be valid MS must specify a PR other than ACP 1/5 limitation does not apply. Inofficious donations not allowed Non-celebration of marriage renders DPN revocable Article 86(1) 3 party donations o No need for valid MS o Needs a separate deed of donation. Cannot be included in MS. o Does not requires ACP as PR o 1/5 limitation does not apply as long as donor leaves enough to support himself and his family who are dependent on him at time of donation Article 750, CC) o Non-celebration of marriage renders DPN revocable Article 86(1) Donations of future property o Has to be between spouses DNP is contained in MS Regular rules apply DNP is in separate deed of donation General Rule: o Must be entirely handwritten, dated and signed by donor Article 810, CC Exception: o If not entirely handwritten, rules on Testamentary Dispositions will govern Article 805 to 806, CC)
rd

DONATION PROPTER NUPTIAS ARTICLE 82. DEFINITION OF DPN Requisites: o Must be made before marriage o In consideration of the same o Must be in favor of one or both spouses Forms: o Contained in the MS o Contained in separate Deed of Donation Parties rd o 3 party donations o Between spouses ARTICLE 83. SUPPLETORY APPLICATION OF TITLE 111 OF BOOK 111, CC Donation of personal property o 5k or less donation and acceptance can be made orally or in writing Oral requires simultaneous delivery of the thing or the document representing the right donated o More than 5k donation and acceptance must be in writing Donation of Real Property o Must be in a public instrument.

ARTICLE 85. DPN OF PROPERTY WITH ENCUMBRANCE General Rule: 1. Valid pure liberality of donor In case of loss donor is liable In case of income donee gets income ARTICLE 86. REVOCATION OF DPN Grounds: 1. Non-celebration of marriage DPN between spouses is contained in MS void IRT Article 81 Prescriptive Period: Does not prescribe DPN is in separate deed of donation revocable IRT Article 86(1) Prescriptive Period: 5 years from date of noncelebration of marriage 1. Marriage is declared void: General Rule: DPN is revocable regardless of WON donee acted in bad faith o Prescriptive Period: 5 years from the date when JDN becomes final and executory Exceptions: Void under Article 40 (lack of JDN) o Bad faith revoked by operation of law BVO Article 50 IRT to Article 43(3) If donee refuses to return donated property donor can file action for recovery Personal property 8 years BVO Article 1140, CC Real property- 30 years BVO Article 1141, CC Void under Article 44 IRT to Article 41 (JD of Presumptive Death) o Bad faith revoked by operation of law BVO Article 43(3) If donee refuses to return donated property donor can file action for recovery Personal property 8 years BVO Article 1140, CC

2.

3.

4.

5.

Real property- 30 years BVO Article 1141, CC Void due to Bigamy or Polygamy under Article 35(4) o Void BVO Article 739, CC Article 730, CC also applies to donations between parties who are guilty of adultery or concubinage Marriage is void because of lack of parental consent BVO Article 35(1) General Rule: Revocable Does not require JDN Prescriptive Period: 5 years from time donor had knowledge of such ground Marriage is declared annulled Under Article 86(2) revocable Under Article 50 IRT to Article 43(3) IS MORE CONSISTENT WITH THE SPIRIT OF THE LAW: PUNISH THE GUILTY DONEE General Rule: o Valid Exception: o Donee is in Bad Faith revoked by operation of law Legal Separation General Rule: Revocable if donee is in bad faith Exception: Voidable due to Sexual Infidelity involving adultery and concubinage: o Void BVO Article 739, CC Compliance with Resolutory Condition of DPN 2 kinds of conditional obligations: Suspensive Condition obligation does not arise unless the condition is complied with Resolutory condition obligation arises but when resolutory condition is complied with, the obligation is extinguished General Rule: Revocable when resolutory condition is complied with Prescriptive Period:

6.

DPN between spouses does not prescribe BVO Article 1109, CC rd 3 party donation- 5 years from date of compliance Donee Commits Acts of Ingratitude Article 765, CC specifies the acts of ingratitude: If donee commits an offense against the person, honor or property of donor, or of his wife or children under his parental authority If donee imputes to the donor any criminal offense or any act involving moral turpitude, even though he should prove it, unless the crime or act has been committed against the donee, his wife or his children under his parental authority If donee refuses to support donor when donee is legally or morally bound to give support to the donor Prescriptive Period: 1 year from date when donor acquired knowledge about such act of ingratitude Rule on encumbrances General Rule: o Encumbrances before complaint of revocation is noted in the property registry shall remain valid BVO Article 769, CC o After void BVO Article 766, CC

ARTICLE 87. Donations During Marriage NOT DPN Between spouses and common law marriages o General Rule: Void since spouses are prohibited from donating to each other Article 87 o Exception: Moderate donations on occasion of family rejoicing Moderate donations on occasion of family distress rd Donation to 3 party o General Rule: Requires consent from both spouses o Exception: Moderate donations to charity Donation from spouses to common children o General Rule: Requires consent from both spouses o Exception: Moderate donations on occasion of family rejoicing Moderate donations on occasion of family distress

ABSOLUTE COMMUNITY OF PROPERTY ARTICLE 88. COMMENCEMENT OF ACP ACP commences at the precise moment the marriage is celebrated time and date Any stipulation providing otherwise is void Alien who married a Filipino cannot have any share in the ACP or CPG ARTICLE 89. WAIVER OF RIGHTS, INTERESTS, SHARES AND EFFECTS OF ACP General Rule: o No waiver is allowed during marriage RIGHTS ARE MERELY INCHOATE DURING MARRIAGE Exception: o When there is judicial separation of property Effect of waiver on creditors: o Waiver needs to be recorded in a public instrument and registered in the appropriate property registry o Creditors of spouse who made the waiver may petition court to rescind waiver only to the extent of the amount sufficient enough to cover such liability ARTICLE 90. SUPPLETORY APPLICATION OF RULES ON CO-OWNERSHIP ARTICLE 91. WHAT CONSTITUTES ACP General Rule: o All property owned by either spouse at the time of celebration of marriage and those acquired during marriage o What is yours is mine and what is mine is yours o All that is brought into the marriage and acquired during marriage belongs to ACP Exceptions: o Contractual Exclusions: Those properties expressly stipulated as exclusive property of owner spouse in the MS o Statutory Exclusions: Those listed in Article 92 These statutory exclusions cannot be stipulated to form part of ACP by the spouses in the MS such stipulation is contrary to law and will be null and void ARTICLE 92. STATUTORY EXCLUSIONS These will be exclusive properties of owner spouses - GEP rd o Gratuitous Title from 3 party donor pure liberality and generosity of donor donation or inheritance acquired DURING marriage

General Rule: Properties acquired by either spouse during the marriage through gratuitous title as well as income and fruits from such shall form part of ACP Exception: Unless donor specifies that such property as well as income and fruits shall be part of ACP o Exclusive and Personal Use General Rule: Properties for the exclusive and personal use of either spouse shall remain exclusive and separate Exception: Jewelry and other items that are beyond the means of the ACP o Properties from previous marriage Property acquired before the marriage by either spouse who has LEGITIMATE DESCENDANTS by a previous marriage as well as the fruits and income of such property shall remain exclusive Property acquired through the use of exclusive funds o Sta. Marias Contention: Property acquired using exclusive property becomes part of ACP The law is very clear. The contractual and statutory exclusions are an exclusive list any property not agreed upon to be exclusive in the MS and any property not covered under Article 92 is common. Article 93 states that any property acquired during marriage is presumed to be common unless proven to be otherwise BVO of Article 91 and 92. nd o 2 View: Property acquired using exclusive property should remain exclusive

ARTICLE 93. PRESUMPTION OF ACP General Rule: o Properties acquired during marriage is presumed to belong to ACP Exception: o Unless it is proven to be a contractual or statutory exclusion

ARTICLE 94. CHARGES UPON AND OBLIGATIONS OF ACP ACP shall be liable for: o Support Of the spouses Their common children Legitimate children of either spouse from previous marriage o Debts and Obligations contracted during marriage By designated administrator spouse for the benefit of the family By both spouses By either spouse with the consent of the other o Debts and Obligations contracted by either spouse without the consent of the other spouse To the extent that the family may have been benefited o All taxes, liens, charges and expenses upon shared property Includes minor and major repairs o All taxes and expenses for mere preservation of separate property Incurred during marriage Separate property is being used by the family o Expenses to enable either spouse to commence or complete Professional or vocation course Other activity for self-improvement o Ante-nuptial debts of either spouse which redounded to the benefit of the family o Donation or expense incurred in favor of the common children exclusively for Commencing or completing a professional or vocational course Other activity for self-improvement o In case of insufficiency of exclusive property of spouse concerned in the following cases, ACP shall be held liable for such but such payment is considered as an advance to be deducted from share of debtor-spouse upon liquidation of PR Ante-nuptial debts of either spouse not redounding to the benefit of the family Support of illegitimate children of either spouse Liabilities incurred by either spouse arising from o Crime o Quasi-delict o Litigation expenses incurred by either spouse for suits filed by the other Exception:

If suit is groundless, spouse who instituted action is liable with his/her exclusive property Solidary liability of spouses o General Rule: If ACP is insufficient, ACP liabilities will be satisfied from: Income or fruits of separate properties of spouses Separate properties of spouses o Exception: Not applicable for the following (PERSONAL) Ante-nuptial debts of either spouse not redounding to the benefit of the family Support of illegitimate children of either spouse Liabilities incurred by either spouse arising from o Crime o Quasi-delict Article 2176, CC

ARTICLE 95. GAMES OF CHANCE, SWEEPSTAKES, BETTING AND GAMBLING General Rule: o Any loss shall be borne out of the separate property of loser-spouse o Any gain shall belong to the ACP Exception: o When winning ticket was given gratuitously and donor specifies that any gain shall form part of ACP ARTICLE 96. ADMINISTRATION OF ACP General Rule: o Joint husband and wife Exception: o MS stipulates sole administratorship to one of the spouses Disposition or Alienation of ACP o General Rule: Spouses must agree and consent to such otherwise it will be void. o In case of disagreement: husbands will prevails subject to wifes recourse to the court Wife must file for revocation/injunction (as the case may be) within 5 years from date of implementation of such contract she is objecting to

If wife disposes without the knowledge and consent of husband Disposition is null and void Creditor can sue under the principle of unjust enrichment Article 22, CC o If wife disposes with the knowledge but without husbands consent Husband can file for: Unenforceability of disposition without husbands authority Nullity contrary to law Incapacity of one spouse to participate in the administration of ACP o General Rule: Capacitated spouse may file for SOLE ADMINISTRATORSHIP but such appointment does not include power to dispose or encumber the ACP o Exception: Administrator spouse secures: written consent from capacitated but nonparticipating spouse court authorization in case of incapacitated spouse o To dispose of shared property to pay off ACP liabilities o Disposition or Alienation of ACP by Administrator spouse General Rule: Requires consent from both spouses. Lack of consent renders such transaction VOID. o But the transaction is considered as continuing offer on the part of consenting spouse and the third party o It may be rectified by the eventual consent of the other spouse or approval of the court o Once the consent of the other spouse is given: It will validate the contract But the effect of the consent or approval of the court will not retroact to the time of the transaction because a void contract cannot be ratified Essentially a new contract is created at the time of consent and approval of the court.

ARTICLE 97. DISPOSITION BY WILLOF INTEREST IN SHARED PROPERTY Not absolute Must leave legitime for compulsory heirs Only share or interest in ACP can be disposed by will and not any specific ACP o Inchoate vests only on liquidation ARTICLE 98. DONATION OF SHARED PROPERTY General Rule: o Donation of shared property needs consent of both spouses Exception: o Does not need consent of other spouse Moderate donations for charity Moderate donations on occasion of family rejoicing Moderate donations on occasion of family distress ARTICLE 99. TERMINATION OF ACP ACP shall be terminated on: o Death o Decree of LS o Marriage is declared void or annulled o Judicial Separation of Property during marriage under Articles 134 to 138 JSP during marriage kinds Voluntary Article 136 Statutory Article 135 Civil Interdiction Absentee spouse Loss of Parental Authority Abandonment and Failure to Comply with FO Abuse of Administratorship Separation in Fact ARTICLE 100. SEPARATION IN FACT General Rule: o ACP is not affected Exception: o Spouse who leaves conjugal dwelling without just cause is not entitled to support o Transactions requiring consent of both spouses in order to pay ACP liabilities consent of either spouse can be secured through court authorization IRT Article 239 to 248 o Insufficiency of ACP to pay off ACP liabilities - present spouse can petition court so he/she will be given judicial authority to administer or encumber separate properties of other spouse and use proceeds to satisfy latters share in ACP liability

ARTICLE 101. ABANDONMENT AND FAILURE TO COMPLY WITH FO General Rule: o Aggrieved spouse may petition the court for: Receivership Judicial separation of property Sole administration Abandonment spouse leaves conjugal dwelling for at least 3 months or has failed to provide info on his whereabouts within the same period ARTICLE 102. LIQUIDATION OF ACP IRT to Article 129 for CPG Procedure: o Inventory & Segregation o Payment of shared liabilities (solidary) ACP Income or fruits from separate properties of spouses Separate properties of spouses o Remaining exclusive properties will be delivered to owner spouse o Net Assets divided Marriages under Art. 40-42, 45, & 55 net profits Will follow Article 43(3) o Delivery of presumptive legitimes to common children o Conjugal dwelling shall be adjudicated to the spouse whom majority of the children choose to stay Judgment > Liquidation > Issuance of Judicial Declaration o Liquidation of ACP or CPG is a sine non qua condition for the issuance of: Article 40 Judicial Declaration of Nullity for marriages Article 45 Judicial Declaration of Annulment under Article 55 Judicial Declaration of Legal Separation Procedure outlined above is only applicable to marriages falling under Articles 40-42 and 45. Different liquidation rules and proceedings govern the following: o Article 147 Marriages declared void not falling under Article 40-42 & 45 o Article 148 Marriages declared void involving legal capacity Article 35(1) IRT Article 4 Marriages void due to minority Article 35(4) Bigamous/Polygamous marriages

Article 37 Incestuous marriages Article 38 Void by reason of public policy Article 40 Subsequent marriage in Article 40 Bigamous without JDN

ARTICLE 103. LIQUIDATION UPON DEATH General Rule: o Liquidation of PR will be done during the settlement of estate of the deceased Exception: o If no judicial settlement proceeding is initiated, surviving spouse is given 1 year to settle the estate Extra-judicial surviving spouse and heirs will agree among themselves requires that: the decedent spouse left no will and no debts, the heirs are all of age, or the minors are represented by their judicial or legal representatives agreement must be in a public instrument filed in the office of the register of deeds, should they disagree, they may do so in an ordinary action for partition. Exception: If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds Judicial Settlement Effects of Non-Liquidation o Disposition or encumbrance of ACP without liquidation Null and void inchoate o Surviving spouse remarries Mandatory regime of CSP Effects of Death of Spouse o Dissolves the marriage o Terminates ACP

Claims against the ACP after death ACP has been dissolved by death General Rule: All debts against the ACP should be fully paid off during the settlement of the estate of the deceased spouse Surviving spouse is not liable Any judgment declaring so is VOID Exception: If surviving spouse has committed himself or herself to be solidarily liable for the claim against the ACP

ARTICLE 104. SIMULTANEOUS LIQUIDATION Only applicable: o to 2 or more marriages o Contracted by the same person o Liquidated at the same time o Celebrated before 8/3/88 Rules to Follow: o Equal Length, Unknown Asset Divide equally o Unequal Length, Unknown Asset Pro-rate according to length o Equal Length, Unequal Asset Pro-rate according to asset o Unequal Length, Equal Asset Pro-rate according to length

Unequal Length, Unequal Asset First Step Length1 x Asset1 = N1 Length1 x Asset2 = N2 Second Step Share of first marriage o N1/(N1+N2) x amount at liquidation Share of second marriage o N2/(N1+N2) x amount at liquidation

CONJUGAL PARTNERSHIP OF GAINS ARTICLE 105. WHEN CPG IS APPLICABLE When spouses choose CPG in their MS When marriage is celebrated before 8/3/88 ARTICLE 106. WHAT CONSTITUTES CPG husband and wife place in a common fund the: o proceeds, products, fruits and income from their separate properties: Fruits - any improvements of principal properties Natural piglets, manure, tree growing in land o in excess of what owner spouse originally owned at time of celebration of marriage Civil rent of a property and interest of bank deposits Industrial building introduced as improvements o those properties acquired by either or both spouses through their efforts o those properties acquired by either or both spouses by chance SPECIFICALLY the following: o Property acquired during marriage through their joint efforts. (Ex salaries during the marriage, etc.) o Fruits of respective property o anything acquired through their profession, degrees, industry and work o Properties acquired through occupation mode of acquisition where a property without any owner is acquired by either spouse (ex. hunting and fishing) o Properties acquired by chance Loss borne by debtor spouse Winnings part of CPG since it constitutes income o Livestock In excess what owner spouse originally owned at time of celebration of marriage o Properties acquired during marriage by onerous title with CPG funds o Damages from illegal detention of exclusive property IF CPG was deprived of the use and earnings thereof o Share of either spouse in hidden treasure Article 117 o Interest due during marriage Article 119 on the principal loan given by spouse BEFORE marriage loan is payable in installments payment was collected during the marriage

Upon dissolution of marriage or CPG o General Rule: Net gains or benefits obtained by either or both spouses shall be divided equally between them o Exception: Different division of net gains is stipulated in their MS No unilateral declaration by one spouse can change the character of a conjugal property. The conjugal nature of a property is determined by law and not by the will of one of the spouses. The proof of acquisition of the property during the marriage suffices to render the statutory presumption of conjugality to attach ARTICLE 107. COMMENCEMENT AND PROHIBITION ON WAIVER DURING MARRIAGE Article 88 o CPG commences at the precise moment of celebration of marriage date and time Article 89 o Prohibition on Waiver of Share, Interest, etc During Marriage INCHOATE ARTICLE 108. SUPPLETORY APPLICATION PARTNERSHIP OF RULES ON CONTRACTS OF

ARTICLE 109. EXCLUSIVE PROPERTIES IN CPG Statutory Exclusions under CPG o Any property owned by each spouse at the time of the celebration of the marriage fruits and income of the exclusive property = Conjugal o Properties acquired during marriage through gratuitous title General Rule: Properties acquired through donation or left by will to the spouses jointly with designation of determinate shares are EXCLUSIVE Exception: When donor expressly state otherwise Accretion General Rule: o If donee spouse does not accept his/her share of the donation, accretion sets in. Exception: o When donor expressly state otherwise o Designation is for determinate properties

o o

Property acquired during the marriage through Right of Redemption, Barter or Exchange Properties acquired using exclusive money of the either spouse

General Rule: Whatever is exclusive shall remain exclusive even if exchanged by another property so long as the exclusive property is used in exchange of that property. Rule on Redemption EXCLUSIVE even property obtained through payment from conjugal fund or part thereof o CPG is entitled to reimbursement of the CPG funds used, if any Rule on Trade-In: CPG o Falls under properties acquired during marriage Rule on Sale of Exclusive Property: no income no profit: o EXCLUSIVE At profit: o Value of exclusive property at acquisition Exclusive o Excess of CPG Rule on ownership of property acquired through installment and full payment during marriage using exclusive and CPG funds If the title of the property is transferred before the marriage EXCLUSIVE to the owner spouse even if the purchased price is partly paid from the common fund but is entitled to reimbursement If the title of the property is transferred during the marriage CONJUGAL even if part of the purchase price is from the spouse spouse is subject to reimbursement How to determine when title of ownership was transferred Contract of Sale contract where ownership is transferred to the buyer regardless of full payment o Full payment not requirement for ownership o Transfer of ownership is from the Delivery of property sold. If movable property delivery by physical delivery to the buyer

Immovable delivery by formality Contract to Sell - if expressly agree in the Contract to sell that ownership transfer upon full payment of the price despite the delivery Property becomes Conjugal because full payment is during the marriage

Rule Payments Received during marriage or amount received during marriage in payment of obligation extended by either spouse before the marriage ex. lending business Payment received during marriage for the principal EXCLUSIVE Payment received during marriage for the interest o If interest accrued during marriage =CONJUGAL o If interest accrued before the marriage =EXCLUSIVE Rule on Retirement Benefits, Pensionor Gratuity received during marriage If received gratuitously in pure liberality of the giver as to recognition of past services =EXCLUSIVE o Similar to exclusion to the rule that if gratuitous exclusive If received is onerous in nature (part of the salary deducted, a matter of right) CONJUGAL Rule on Damages received by either spouse during marriage If damages received arose from transaction solely financed by the conjugal partnership belong to the conjugal funds o CONJUGAL If the damages represent the damages arising from physical injuries suffered by either spouse o EXCLUSIVE to compensate the damage personally sustained

ARTICLE 110. ADMINISTRATION OF EXCLUSIVE PROPERTIES General Rule: o Administration of exclusive properties belong to the owner Exception: o Owner spouse transfer the administration to the Transfer of administration must be embodied in a public instrument and recorded in the registry of property of the place where the property is located ARTICLE 111. DISPOSITION AND ALIENATION OF EXCLUSIVE PROPERTIES General Rule: o Owner spouse can dispose of or alienate exclusive properties without the consent of the other o If there was a transfer of administration rights from the owner spouse to the other, the administrator spouse CANNOT dispose of the owner spouses exclusive property WITHOUT CONSENT from the latter ARTICLE 112. DISPOSITION AND ALIENATION OF EXCLUSIVE PROPERTIES BY ADMINISTRATOR SPOUSE WITHOUT OWNER SPOUSES CONSENT General Rule: o Administrator spouse CANNOT dispose of the owner spouses exclusive property WITHOUT CONSENT from the latter Such acts shall automatically terminate the administration proceeds from alienation shall go to owner spouse ARTICLE 113. PROPERTY ACQUIRED THROUGH DONATION OR LEFT BY WILL General Rule: o Properties acquired through donation or left by will to the spouses jointly with designation of determinate shares are EXCLUSIVE Exception: o When donor expressly state otherwise Accretion o General Rule: If donee spouse does not accept his/her share of the donation, accretion sets in. o Exception: When donor expressly state otherwise Designation is for determinate properties ARTICLE 114. PROPERTY ACQUIRED THROUGH DONATION DURING MARRIAGE BY ONEROUS TITLE WITH CONJUGAL FUNDS General Rule: o Exclusive to done subject to reimbursement of CPG funds THE

ARTICLE 115.

RETIREMENT BENEFITS, PENSIONS, ANNUITIES, GRATUITIES, & USUFRUCTS If received gratuitously in pure liberality of the giver as to recognition of past services =EXCLUSIVE o Similar to exclusion to the rule that if gratuitous exclusive If received is onerous in nature (part of the salary deducted, a matter of right) CONJUGAL

ARTICLE 116. PRESUMPTION OF CPG All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved ARTICLE 117.