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    System of Absolute Community

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    Ali Basti
    The document summarizes key aspects of the system of absolute community property regime in the Philippines. It defines absolute community as a regime where spouses co-own all properties brought into and acquired during the marriage, unless excluded by law or agreement. It outlines what constitutes community property, including all properties owned at celebration and acquired after. It also lists properties excluded from the community, such as those acquired through gratuitous title or for personal use, and properties of a spouse with legitimate descendants of a prior marriage.

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    System of Absolute Community

    Uploaded by

    Ali Basti
    140 views20 pages
    The document summarizes key aspects of the system of absolute community property regime in the Philippines. It defines absolute community as a regime where spouses co-own all properties brought into and acquired during the marriage, unless excluded by law or agreement. It outlines what constitutes community property, including all properties owned at celebration and acquired after. It also lists properties excluded from the community, such as those acquired through gratuitous title or for personal use, and properties of a spouse with legitimate descendants of a prior marriage.

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    The document summarizes key aspects of the system of absolute community property regime in the Philippines. It defines absolute community as a regime where spouses co-own all properties brought into and acquired during the marriage, unless excluded by law or agreement. It outlines what constitutes community property, including all properties owned at celebration and acquired after. It also lists properties excluded from the community, such as those acquired through gratuitous title or for personal use, and properties of a spouse with legitimate descendants of a prior marriage.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    140 views20 pages

    System of Absolute Community

    Uploaded by

    Ali Basti
    The document summarizes key aspects of the system of absolute community property regime in the Philippines. It defines absolute community as a regime where spouses co-own all properties brought into and acquired during the marriage, unless excluded by law or agreement. It outlines what constitutes community property, including all properties owned at celebration and acquired after. It also lists properties excluded from the community, such as those acquired through gratuitous title or for personal use, and properties of a spouse with legitimate descendants of a prior marriage.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 20

    System of Absolute Community

    *General Provisions (Arts. 88-90)


    *What Constitutes Community Property (Arts. 91-93 )

    Prepared by: Arjay P. Capitle JD 1D


    Judge Maria Zenaida Bernadette T.
    Mendiola

    Chapter 3 Section 1

    System of Absolute Community

    Also known as the absolute community;

    Spouses are considered co-owners of ALL


    properties brought into and acquired during
    the marriage unless otherwise excluded
    either by law (FC) or by marriage settlement;

    Rules Governing
    Absolute Community

    This regime will govern the property


    relations of the spouses in the following
    instances:
    1. Void regime agreed in the marriage
    settlement
    2. Agreed in the marriage settlement
    3. No pre-nuptial agreement

    WHAT IF

    the regime of absolute community is


    provided
    for
    in
    the
    marriage
    settlement?
    a
    stipulation/matter
    was
    not
    expressly provided for by the Family
    Code, what law shall govern?
    no marriage settlement was agreed
    upon by the parties before the
    celebration of the marriage, what
    property regime shall govern?

    Article 88Commencement of ACP

    Absolute Community of Property shall


    commence at the precise moment
    that the marriage is celebrated
    Any stipulation for the commencement
    of ACP shall be VOID
    This law erased the anomalous
    situation in Art. 145 of the Civil Code.

    Article 89- Prohibition on Waiver of


    Rights, Interest, Shares and Effects

    During the existence of the marriage,


    there can be no changes in the
    property relationship.
    Modifications must be done prior to the
    celebration
    A valid waiver of rights of the absolute
    community of property may be
    executed after the marriage if done by
    JUDICIAL ACTION

    A Valid Waiver
    The waiver must be in a judicial separation
    of properties like in legal separation,
    declaration of nullity or annulment of
    marriage, in action for separation of
    properties or for causes provided for by law.
    For purposes of binding third persons, who
    may be prejudiced by the waiver, it must be
    notarized, recorded in the local civil
    registrar and in the proper registries of
    property.

    Article 90- Suppletory Nature of CoOwnership Provisions in the Civil Code

    The law provides for the property


    regime in case of common-law
    relationships or void marriages
    Valdez v. RTC of Quezon City- the
    property relationship shall be based on
    the provisions on co-ownership in
    cases of void marriages (even on the
    grounds of psychological incapacity)

    Chapter 3 Section 2
    What Constitutes Community Property
    COMMUNITY PROPERTY- Properties included
    in the regime of absolute community which
    are co-owned by the spouses.
    The law provides for two kinds of properties
    that shall form part of ACP, namely:
    1. All properties owned by the spouses at the
    time of the celebration of the marriage
    2. All
    properties
    acquired
    after
    the
    celebration of the marriage (ART. 91)

    YES or NO?

    May the spouses execute a marriage


    settlement prior to the marriage and
    adopt absolute community as their
    property regime and agreed to exclude
    properties they may have at the time of
    the celebration and include therein only
    the properties that they may acquire
    during marriage?
    How about the fruits and income of
    these properties?

    Article 92- Properties Excluded


    from the Community Property

    SEPARATE or EXCLUSIVE propertiesthose properties which are not included


    in the absolute community.
    Article 92 enumerated those separate
    properties

    1. Property acquired during the


    marriage by Gratuitous Title
    GRATUITOUS TITLE/PROPERTY
    A property may have been donated to
    one of the spouses by a third person
    during the marriage.
    Or such spouse may have inherited a
    property during the marriage from
    his/her parents

    Property acquired during the


    marriage by Gratuitous Title

    Requisites to consider a property


    acquired through gratuitous title to be
    an exclusive or separate property:
    Acquired by either spouse;
    Acquired during marriage; and,
    The donor, testator or grantor does not
    expressly provide that they shall not
    form part of the community property.

    Property acquired during the


    marriage by Gratuitous Title
    EXCEPTION TO THE RULE:
    If the donor, testator, or grantor
    expressly provided that it shall form
    part of the community property

    2. Property for Personal


    and Exclusive Use

    Personal and Exclusive- shall be


    interpreted in their ordinary meaning.
    Shoes, clothes, perfumes, stockings,
    etc.
    EXCEPTION: Jewelries
    Reason: because of their value

    3. Properties by either spouse


    who has legitimate descendants

    The Family Code excludes from the


    absolute community all of a spouses
    property
    acquired
    prior
    to
    the
    subsequent marriage if he/she has
    legitimate descendants
    The law includes the fruits and
    interests of these properties.

    Property acquired Prior


    to the Marriage
    Article 91 states that all properties
    acquired prior to the marriage are included
    in the community property.
    Except:
    1. those excluded in the marriage settlement
    2. Personal and exclusive properties
    3. Acquired by either spouse who has
    legitimate descendants by a former
    marriage

    Article 93. Presumption in


    Favor of Community Property

    The law merely emphasizes the rule on


    absolute community of properties that
    properties acquired during the
    marriage form part of their absolute
    community of properties.

    Thanks
    be to
    GOD!

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