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D.

Separation of Property of the Spouses and (5) That the spouse granted the ​power of administration
Administration of Common Property by One Spouse in the marriage settlements has ​abused that power​; and
(6) That at the time of the petition, the spouses have
Separation of Property been separated in fact for at least one year and
● (1) Marriage settlement; (2) judicial order upon reconciliation is highly improbable​.
petition of one spouse; (3) voluntary agreement In the cases provided for in Numbers (1), (2) and (3), the
of the spouses during marriage, with judicial presentation of the final judgment​ against the guilty or
approval; (4) decreed in legal separation; (5) absent spouse shall be enough basis for the grant of the
compulsory, if a spouse of subsequent marriage decree of judicial separation of property. (191a)
has not liquidated property regime of prior
marriage dissolved by death ● Petition for separation​ must be filed by spouse
● This may not commence at celebration of entitled to it and the court should grant the
marriage, it may take place during marriage in petition
proper cases ● It is the ​court order​​ granting petition that will
effect separation of property
1. Judicial Separation of Property for Sufficient
Cause 2. Voluntary Separation of Property

Art. 134. I​ n the absence of an express declaration in the Art. 136.​ T​ he ​spouses may jointly​ file a verified petition
marriage settlements, the ​separation of property with the court for the​ voluntary dissolution​ of the
between spouses during the marriage shall not take absolute community or the conjugal partnership of
place except by ​judicial order.​ Such judicial separation of gains, and for the separation of their common
property may either be ​voluntary or for sufficient cause​. properties.
(190a) All creditors of the absolute community or of the
conjugal partnership of gains, as well as the personal
● Compulsory Separation (Art 103 and 130) is not creditors of the spouse, shall be​ listed in the petition and
taken into account by the article. notified of the filing thereof​. The court shall take
● Voluntary separation: Judicial approval is measures to protect the creditors and other persons
required for every contract of separation of with pecuniary interest. (191a)
property. Separation of spouses without judicial
sanction doesn’t bring about separation of ● The ​court will decide the sufficiency​ of the
property. (Art 100 & 127) reasons for approval of voluntary agreement
● Contract of separation of property becomes ● Any ground that would ​lessen friction and
effective only upon judicial approval; otherwise misunderstanding​ between the spouses with
it is void. respect to properties and administration
thereof for mutual benefit of spouses should
Art. 135. Any of the following shall be considered justify
sufficient cause​ for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced 3. Liquidation and Dissolution
​ enalty which carries with it civil interdiction;​
to a p
(2) That the spouse of the petitioner has been judicially Art. 137. ​Once the ​separation of property has been
declared an a ​ bsentee;​ decreed​, the absolute community or the conjugal
(3) That l​ oss of parental authority of the spouse of partnership of gains shall be ​liquidated in conformity
petitioner has been decreed by the court; with this Code.
(4) That the spouse of the petitioner has ​abandoned the During the p ​ endency of the proceedings for separation
latter or failed to comply with his or her obligations to of property, the absolute community or the conjugal
the family as provided for in Article 101; partnership shall ​pay for the support of the spouses and
their children. (192a)
(4) When the spouse who has left the conjugal home
Art. 138. After ​dissolution of the absolute community or without a decree of legal separation ​resumes common
of the conjugal partnership, the ​provisions on complete life with the other​;
separation of property shall apply​. (191a) (5) When ​parental authority is judicially restored to the
spouse previously deprived thereof;
Art. 139. T​ he petition for separation of property and the (6) When the spouses who have separated in fact for at
final judgment granting the same shall be ​recorded in least one year, ​reconcile and resume common life​; or
the proper local civil registries and r​ egistries of property​. (7) When after voluntary dissolution of the absolute
(193a) community of property or conjugal partnership has been
judicially decreed upon the joint petition of the spouses,
Art. 140. T​ he separation of property shall ​not prejudice they agree to the revival of the former property regime​.
the rights​ previously acquired by creditors. (194a) No voluntary separation of property may thereafter be
granted​.
Effects of Decree of Separation The revival of the former property regime shall be
1. Dissolution​​ of ACP or CPG and its liquidation governed by ​Article 67​. (195a)
2. Each spouse may ​own exclusively all his/her
earnings and fruits of his/her separate property ● Spouses must file a ​motion to end regime of
3. Obligation to support children continues​​, each separation of property which must be granted
spouse contributing in proportion to his/her by the court to have such effect
income or property ● Motion must be ​filed by both spouses
4. Mutual obligation of spouses to ​support each ○ Right is given not only to one spouse
other continues ○ Art 67: revival of former regime must
be agreed upon by both spouses
● Contribution to support is based on benefits or
income derived from property, not value of 4. Sole Administration of Other Spouse’s
property; if this isn’t sufficient, basis is market Property
value of respective properties
● For support of children, if only spouse pays all Art. 142. The ​administration of all classes of exclusive
expenses, he/she can’t recover from the other a property of either spouse may be t​ ransferred ​by the
proportionate share as such payment is his/her court to the other spouse:
own obligation imposed by law (no (1) When one spouse becomes the g ​ uardian of the
reimbursement) other;
(2) When one spouse is judicially declared an ​absentee;​
(3) When one spouse is sentenced to a ​penalty which
carries with it civil interdiction;​ or
Art. 141. ​The spouses may, in the same proceedings (4) When one spouse becomes a f​ ugitive from justice or
where separation of property was decreed, file a ​motion is ​in hiding as an accused​ in a criminal case.
in court for a decree reviving the property regime that If the other spouse is not qualified by reason of
existed between them before the separation of property incompetence, conflict of interest, or any other just
in any of the following instances: cause, the court shall appoint a ​suitable person to be the
(1) When the ​civil interdiction terminates​; administrator. (n)
(2) When the ​absentee spouse reappears​;
(3) When the court, being satisfied that the spouse Property Covered
granted the power of administration in the marriage ● CC: all classes of property in the marriage
settlements ​will not again abuse that power,​ authorizes ● FC: all classes of exclusive property of either
the ​resumption of said administration​; spouse
○ Discrepancy could be an error in a. Takes effect upon celebration of
phraseology in the title and this article marriage
is limited only to ​exclusive property b. Permanent and lasts throughout
● Reasons for sole administration by one spouse marriage
over common properties cover all causes c. May except certain properties from
provided by this article separation (partial)
● For common property, spouse may assume 2. Judicial​​: Judicial decree under Art. 135
administration without court intervention; for a. Takes effect during celebration of
exclusive, court transfers administration marriage
Appointment of Third Persons b. Temporary and ceases upon
● If the other spouse is not qualified, court termination of cause
appoints a suitable person c. Separation applies to whole patrimony
Power of Administration of spouses (no exception)
● Power of trustee only
● Ownership is not transferred; alienation and Art. 143. ​Should the future spouses agree in the
encumbrance not allowed without court’s marriage settlements that their property relations
authority during marriage shall be governed by the regime of
● Court may impose limitations on powers of separation of property, the provisions of this Chapter
administration shall be ​suppletory​. (212a)
Termination of Administration
● Owner-spouse may petition court to declare ● Will of parties in marriage settlements is
admin terminated and recover his full rights superior to provisions in this chapter so the
over properties; he may demand an accounting former shall prevail in case of conflict
from administrator and recover compensation
for damages Art. 144. Separation of property may refer to present or
future property or both. It may be ​total or partial​. In the
latter case, the property not agreed upon as separate
E. Regime of Separation of Property shall pertain to the ​absolute community​. (213a)

Concept of Separation of Property Partial Separation


● Interests of spouses are completely ● Co-existence of separation of property and ACP
independent of each other or CPG
● Separation of assets and liabilities ● Spouses may stipulate which of their present
● Each has full ownership, enjoyment, and and future properties shall be under regime of
administration of his/her own property, separation of property and which shall be under
products therefrom, and products of his/her ACP or CPG
work ● If no stipulation on income from work during
Advantages and Disadvantages marriage, it is considered part of ACP or CPG
● Advantage: simplicity ● Property acquired during marriage by onerous
● Disadvantages: title is ACP or CPG
○ contrary to community of life and ● Fruits from separate properties will belong to
interest which the marriage is supposed owner spouse by right of accession
to create Total Separation
○ may lead to constant friction bet ● No portion of properties are common
spouses re: expenses ● Fruits of properties and earnings from work
Kinds of Separation shall belong to the spouse as exclusive property
1. Conventional​​: agreement in marriage
settlements
Art. 145. Each spouse shall own, dispose of, possess, Art. 146. Both spouses shall bear the ​family expenses in
administer and enjoy his or her own separate estate, proportion to their income​, or, in case of insufficiency or
without need of the consent of the other​. To each default thereof, to the c​ urrent market value of their
spouse shall belong all earnings from his or her separate properties.​
profession, business or industry and all fruits, natural, The ​liabilities of the spouses to creditors for family
industrial or civil, due or received during the marriage expenses shall, however, be​ solidary.​ (215a)
from his or her separate property. (214a)
● Neither can be held liable for other’s debts
Transfer of Management ● But when obligations are for family expenses,
● Transfer of property allowed and is not an there is proportionate liability regardless who
amendment of marriage settlements contracted them
● Wife can appoint a third person to manage ● If one has income but no property, other has
properties so there is no legal reason why she property but no income
can’t appoint her husband. But such can be ○ Proportional to amount of income and
withdrawn at will by her value of property, respectively
Determination of Ownership ● If one advances full amount of family expenses
● Each spouse owns property he brings to because the other has no property or income,
marriage or acquire during marriage by onerous no reimbursement as it is an obligation imposed
or gratuitous title by law
● For real property, the spouse in whose name ● Obligations to creditors are not joint and
the property is registered/acquired is presumed several.
owner
● For personal property, spouse who possesses it
is presumed owner
● If possessed jointly, it belongs to spouse who
owns or leases the property or building in which
it is found
● Personal effects belongs to each spouse
Separate Liabilities
● Each is liable for obligations he contracts.
Creditors can’t levy upon properties of the
other spouse.
● 2 exceptions:
○ When one spouse acts as agent of the
other with authorization
○ When the spouse has benefitted from
the obligation incurred by the other
Mutual Claims of Support
● Each spouse can recover from the other any
credits, or advances for it which may be
enforced during marriage
● If one causes damages to the other, injured
spouse may recover indemnity
● Neither may recover compensation from the
other for any personal service, advice or
assistance as it is merely performance of
obligation between spouses