System of Absolute Community

Chapter 3
SYSTEM OF ABSOLUTE COMMUNITY
1) When does the Absolute Community of Property between spouses commence?

The absolute community of property 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.
2) Can there be a waiver which constitutes the absolute community of property during
marriage?
No waiver of rights, interests, shares, and effects of the absolute community of property
during the marriage can be made except in case of judicial separation of property
3) What should be done when the waiver takes place upon the judicial separation of property or
after the marriage has been dissolved or annulled?
When the waiver takes place upon the judicial separation of property or after the marriage
has been dissolved or annulled, the waiver shall appear in the public instrument and shall be
recorded in local civil register or proper registries of property. 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 amounts of their credits.
4) When does the provisions of co-ownership be applied to absolute community of property?

The provisions of co-ownership shall apply to absolute community of property between
spouses in all matters not provided in the system of absolute community in the Family Code
of the Philippines.
5) What constitutes community property?

Unless otherwise provided in the pertinent provisions in the family code, the community
property shall consist of all property owned by spouses at the time of the celebration of the
marriage or acquired thereafter.
6) What shall be excluded from the absolute community property?

These are the properties that are 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.
7) What is the presumption of the property acquired during marriage?
The property acquired during marriage is presumed to belong to the absolute community of
property, unless it is proved that it is one of those excluded therefrom provided that before
the presumption applies, evidence must be shown that the disputed properties have been
acquired during the marriage.
8) Why is it that the property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income are excluded from the
community Property?
This is to protect the rights or legitimes of the children or other descendants of the prior
marriage. Said children and other descendants must be legitimate.
9) Give the reason why properties acquired during the marriage by gratuitous title are excluded
from the community Property?
It is because the desire of the gratuitous giver must be respected.
10) What are to be charged in the absolute community property?
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 the illegitimate children shall be governed by the provisions
the Family 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 minor and major 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) Antenuptial 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- employment
9) Antenuptial debts of either spouse other than those falling under paragraph 7 of Article 94
, the support of illigetimate children of either spouse, and liabilities incurred by either
spouse by reason of crime or 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,
10) Expenses of litigation between the spouses unless the suit s found to be groundless.
11) If the community property is insufficient to cover the forgoing liabilities or unpaid balances,
where will these liabilities be charged?
The spouses shall be solidarily liable for the unpaid balance with their separate properties
except such liabilities referred to in paragraph 9 of Article 94 of the Fami;y Code.
12) Whatever lost during marriage in any game of chance, betting, sweepstakes, or any other
kind of gambling, whether permitted or prohibited by law, it shall be borne to whom? Shall
it be charged to absolute community of property? Does it have the same rule when it comes
to winnings?
In losing, it shall be borne by the loser spouse and shall not be charged to the community
property. However, different rule is applied in winnings, any winnings therefrom shall form
part of the community property.
13) May the spouse donate any community property without the consent of the other to a third
person?
As a general rule, neither of the spouse may donate any community property without the
consent of the other spouse. As an exemption to that, either spouse may, without the consent
of the other spouse, make moderate donations from the community property for charity or
on occasion of family rejoicing or family distress.
14) When does the absolute community terminate?
It terminates upon the death of either spouse, when there is a decree of legal separation,
when the marriage is annulled or declared void, or in case of judicial separation of property
during the marriage under Articles 134 to 138.
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Chapter 3

SYSTEM OF ABSOLUTE COMMUNITY

1) When does the Absolute Community of Property between spouses commence?

4) When does the provisions of co-ownership be applied to absolute community of property?

5) What constitutes community property?

6) What shall be excluded from the absolute community property?

10) What are to be charged in the absolute community property?

The absolute community of property shall be liable for:

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