Family Code of the Philippines,, Sociology Class De La Salle Araneta University. under Professor Emily Comedis. College of Arts and Sciences and Technology Department.
2. The adjective conjugal describes
all husband-and-wife matters, so
if someone who is married says,
"Single people don't understand"Single people don't understand
how I feel," you can be sure it's ahow I feel," you can be sure it's a
conjugal situation.conjugal situation.
3. The word conjugal comes from the Latin
word, conjux, meaning "husband, wife."
You’ve no doubt heard of the term
“conjugal visits,” to describe private visits
between a prisoner and a spouse. But it
can describe anything that happens
between married people, such as
conjugal obligations, which are the things
you do to keep a marriage going, or just
general conjugal, or married, life.
5. A marriage settlement is an agreement
executed between two parties who plan to get
married, in preparation for the property regime
that would govern their conjugal property during
the marriage. Such agreements are also
commonly known as “Pre-Nuptial Agreement”.
6. “The future spouses may, in the marriage
settlements, agree upon the regime of
absolute community, conjugal partnership of
gain, complete separation of property, or any
other regime. In the absence of a marriage
settlement, or when the regime agreed upon
is void, the system of absolute community of
property as established in this Code shall
govern.” (Article 75 of the Family Code of
the Philippines)
8. A property regime is the set of rules agreed
upon by the parties, before getting married,
which would govern their property relations
during the course of their married life.
9. What are the different kinds of property
regimes in the Philippines?
10. There are three kinds of property regimes which
are recognized by the laws of the Philippines:
Regime of Absolute Community of Property
Regime of Conjugal Partnership of Gains
Regime of Complete Separation of Properties
11. Explain the Regime of Absolute Community
of Property.
In the Regime of Absolute Community of
Property, the husband and the wife
become co-owners of all the properties
that they bring into the marriage and those
acquired by either or both of them during
the course of their marriage, save for
some exceptions. (Article 90 of the
Family Code of the Philippines)
12. The administration and enjoyment of the
community property shall belong to both the
spouses jointly. (Article 96 of the Family Code)
Neither spouse may donate any community
property without the consent of the other.
(Article 98 of the Family Code)
The Regime of the Absolute Community of
Property is the default property regime that
would govern the property relations of a couple
who had not executed a marriage settlement
prior to their marriage.
14. In Regime of Conjugal Partnership of Gains, the
husband and the wife retain ownership over
their respective properties. The Parties place in
a common fund the proceeds, products, fruits
and income from their separate properties and
those acquired by either or both spouses
through their efforts or by chance. Upon
dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or
both spouses shall be divided equally between
them, unless otherwise stated in the marriage
settlements. (Article 106 of the Family Code
of the Philippines)
15. The administration and enjoyment of the
conjugal partnership shall belong to both
spouses jointly. (Article 124 of the
Family Code of the Philippines)
17. In the Regime of Complete Separation of
Properties, each spouse shall own, dispose
of, possess, administer and enjoy his or
her own separate estate, without need of
the consent of the other. To each spouse
shall belong all the earnings from his or her
profession, business or industry and all
fruits, natural, industrial or civil, due or
received during the marriage from his or
her separate property. (Article 145 of the
Family Code of the Philippines)
18. The Parties are free to manage their
respective properties without interference
from the other spouse. Likewise, the
Parties are also free to donate without
interference of the other.
19. What is the conjugal partnership
responsible for?
20. The conjugal partnership shall be liable for:
The support of the spouse, their common
children and the legitimate children of either
spouse; however, the support of the illegitimate
children shall be governed by the provisions on
this Code on Support;
21. All debts and obligations contracted during
the marriage by the designated administrator-
spouse for the benefit of the conjugal
partnership of gains, or by both spouses, or
by one of them with the consent of the other;
Debts and obligations contracted by either
spouse without the consent of the other to
the extent that the family may have benefited;
All taxes, liens, charges and expenses,
including major and minor repairs upon the
conjugal partnership property;
22. All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
Expenses to enable either spouse to commence
or complete a professional, vocational or other
activity for self-improvement;
Antenuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
Expenses of litigation between the spouses
unless the suit is found to be groundless.
23. 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 or other
activity for self-improvement
24. If the conjugal partnership is insufficient to
cover the foregoing liabilities, the spouses shall
be solidarily liable for the unpaid balance with
their separate properties.
