CHARGES UPON OBLIGATIONS of Absolute Community Property (ACP) and Conjugal Property of Gains (CPG)

Absolute Community Property (Art.94)

Conjugal Property of Gains (Art.121)

Support of the spouses, their common children and legitimate children of either spouse

For illegitimate children, support from separate property of person obliged to give support. In case of insufficiency or absence of separate property ACP shall advance support chargeable to share of parent upon liquidation.

For illegitimate children, support from separate property of person obliged to give support in case of insufficiency or absence of separate property, CPG shall advance support, chargeable to share of parent upon liquidation but only after obligations in Art. 121 have been covered.

ACP (Art. 94)

CPG (Art. 121)

Debts and Obligations Contracted During Marriage a. By the administrator spouse designated in MS/ appointed by court/one assuming sole administrator b. By one without the consent of the other c. By one with the consent of other d. By both spouses
For (a) and (b), creditor has burden of proving benefit to the family and ACP/CPG chargeable to extent of benefit proven, otherwise, chargeable to separate property of obligor spouse For (c) and (d), benefit to family presumed All taxes, liens, charges and expenses including minor repairs upon ACP and CPG Taxes and Expenses for mere preservation Taxes and Expenses for mere preservation during marriage upon separate property during marriage upon separate property of either spouse used by family of either spouse, regardless of whether used by family because use and enjoyment of separate property of the spouses belong to the partnership

ACP (Art. 94)

CPG (Art. 121)

Expenses to enable either spouse to commence/ complete a professional, vocational or other activity for self-improvement

Valued donated/ promise by both spouses in favor of common legimate children for exclusive purpose of commencing or completing professional or vocational course or other activity for self-improvement

Expenses of litigation between spouses unless suit found to be groundless

ACP (Art. 94) 1. Ante-Nuptial Debts Chargeable to ACP if redounded to benefit of family 2. Personal debts not redounding to benefit of family such as liabilities incurred by reason of crime or quasidelict, chargeable to separate property of debtor spouse 3. In case of insufficiency of separate property, chargeable to ACP but considered advances deductible from share of debtor-spouse upon liquidation

CPG (Art. 121) For Ante-Nuptial Debts, same as ACP but in case of insufficiency of separate property, obligations enumerated in Art.121 must first be satisfied before such debts may be chargeable to the CP

Art. 122. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family. Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned.

Art. 123. Whatever may be lost during the marriage in any game of chance or in 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 conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property

ADMINISTRATION OF THE CONJUGAL PARTNERSHIP PROPERTY

Art.124 General Rule:

Administration shall belong to both spouses jointly

Exceptions:
In case of disagreement, husbands decision, subject to recourse to the court by the wife for proper remedy within 5 years from date of contract implementing such decision In case on spouse is incapacitated or 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 Encumbrance Written consent of other spouse or authority of the court is required otherwise disposition or encumbrance is void.

In the regime of conjugal partnership of gains the spouse may assume sole power of administration in the following instances:
1. One spouse incapacitated or other spouse unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration without need of court approval or authorization

2. During the pendency of a legal separation case, the court may designate either of the spouses as sole administrator of the absolute community, or a third person, the court appointed administrator shall have the same powers and duties as those of a guardian under Rules of Court

3. 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 court for authority to be the sole administrator of the absolute community

Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress