Dear PAO,

My fiancé and I are getting married in the next few months, and we are currently considering the marriage settlement that will govern our property regime. Could you please explain the exclusions under the Absolute Community of Property and the Conjugal Partnership of Gains? I believe that knowing these differences will help us make a decision in choosing the right property regime for us.

Alexis

Dear Alexis, Under the Family Code of the Philippines, there are property regimes such as: (1) Absolute Community of Property; (2) Conjugal Partnership of Gains; and (3) Complete Separation of Property.

Absolute Community Property (ACP) is the default property regime for couples married without marriage settlement (or a prenuptial agreement) on or after August 3, 1988, which is the date of effectivity of the Family Code. It includes all the properties owned by either spouse before the marriage and all the properties acquired during the marriage which are not otherwise excluded. (Article 91, Family Code) Properties falling under the ACP are owned by the spouses in common regardless of whose name appears on the title or who paid for it.

On the other hand, in the Conjugal Partnership of Gains (CPG) regime, each spouse retains ownership of the property they brought into the marriage, but the income or fruits from these properties and all assets acquired during the marriage are jointly owned. (Article 106, Ibid.) Essentially, the spouses share the gains or profits acquired during the marriage under the CPG regime. The CPG can only apply if the spouses agree to it in a marriage settlement or pre-nuptial agreement before marriage. (Article 105, Family Code) For your question regarding the exclusions from the ACP and the CPG, these are stated in the Family Code of the Philippines, specifically under Articles 92 and 109 of the said law, respectively.

Under Article 92 of the Family Code of the Philippines, the following shall be excluded from the ACP: “(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.” On the other hand, the following shall be excluded from the CPG under Article 109 of the said law: “(1) That which is brought to the marriage as his or her own; (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (4) That which is purchased with exclusive money of the wife or of the husband.” We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]