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 Article 126. The conjugal partnership terminates

1.      Upon the death of either spouse

2.      When there is a decree of legal separation

3.      When the marriage is annulled or declared void, or

4.      In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)

According to the conjugal partnership of gains regime, the couple’s properties will be like this:

1.      Properties acquired by the husband before he got married shall be exclusively his, the same way that the wife’s will be hers.

2.      However, when they get married their exclusive properties shall be joined as part of a one estate within the conjugal property and the “fruits” of those properties shall be shared for the duration of the marriage. In addition, any property acquired during their marriage shall be considered part of this and equally owned by the husband and wife.

3.      Should the marriage end and the couple decide to file for legal separation or annulment, the husband’s exclusive properties he acquired before marriage, including their “fruits,” will be taken out of the joined estate and once again will be solely owned by him. The same applies to the wife’s exclusive properties.

4.      The properties acquired by both or any of the spouses during their marriage shall be considered part of their conjugal property and will be split in half.

However, if a couple was married on August 3, 1988, up to present, their properties will no longer be governed by the law of conjugal property but instead Absolute Community of Property is applied, where any property purchased and/or built by a husband when still single, is eventually also owned by his wife upon marriage.

EFFECTS ON THE DEATH OF EITHER SPOUSE

It must be emphasized that the conjugal partnership shall be terminated upon the death of either spouse. In such case, the following rules shall be observed.

ART. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If there is no judicial settlement, within one year from the death of the deceased spouse the surviving spouse shall liquidate the community property either judicially or extra- judicially. If there is no liquidation made upon the lapse of one-year period, any disposition or encumbrance involving the community property of the terminated marriage shall be void.

EFFECTS OF LEGAL SEPARATION

One of the effects of the granting of a petition for legal separation is the dissolution of the conjugal partnership. Thus Article 63 and 64 of the Family Code lay down the rules as:

“Art. 63. The decree of legal separation shall have the following effects:

(2) The absolute community or the conjugal partnership shall be dissolve or liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provision of Article 43(2).”

Under Article 43(2) of the Family Code, the termination of a subsequent marriage where there was absence of one spouse shall produce the following effect:

“(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse.”

Furthermore, Article 64 of the Family Code provides

“Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made -by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be  stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, lien and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation has become final (107a)”

EFFECTS OF ANNULMENT OF MARRIAGE

               The conjugal partnership shall be dissolved and liquidated. The spouse shall lose his share of the net profits of the partnership which shall be forfeited in favor of the common children if he contracted the marriage in bad faith, or if none, to the children of the guilty spouse by a previous marriage or to the innocent spouse.

EFFECT OF SEPARATION OF PROPERTIES

               The absolute community or conjugal partnership of gains shall be liquidated once the separation of property has been decreed as stated under Article 137 of the Family Code.

CASE DIGEST

FLORDELIZA CALPATURA FLORA, DOMINADOR CALPATURA and TOMAS CALPATURA, JR., Heirs of TOMAS CALPATURA, SR., Petitioners, vs. ROBERTO, ERLINDA, DANIEL, GLORIA, PATRICIO, JR. and EDNA, all surnamed PRADO and NARCISA PRADO, Respondents.

G.R. No. 156879               January 20, 2004



FACTS: On December 19, 1959, Patricio Prado Sr. dies. Narcisa, Patricio’s wife, subsequently married Bonifacio Calpatura. So, in order to support her minor children with her first husband, Narcisa and her brother-in-law, Tomas Calpatura Sr., executed an agreement to purchase and sale, wherein Narcisa agreed to sell to the latter the northern half portion of the property for the sum of Php 10,500.

On July 28, 1973, Narcisa executed a Deed of Absolute Sale in favor of Tomas over the said property. Three years later, Flordeliza Calpatura, Tomas daughter, built a two-storey duplex with firewall on the northern half portion of the property. The respondents, who occupied the southern half portion of the land, did not object to the construction.

On April 8, 1991, respondents filed a complaint for declaration of nullity of sale and delivery of possession of the northern half portion of the subject property against petitioners.

ISSUE: Whether or not the sale of the one-half portion of the land is valid.

HELD: Yes! The sale of the one-half portion of the land is valid.

Upon death of Patricio Padro. Sr., the one-half portion of the land was automatically reserved to the surviving spouse because the property is conjugal. While Patricio’s right to the other half, were transmitted upon his death to his heirs by intestate succession which includes his widow Narcisa, who is entitled to the same share and his six children.

WHEREFORE, the Decision of the Court of Appeals on October 3, 2002, as well as the Resolution dated January 14, 2003 is PARTLY AFFIRMED subject to the following MODIFICATIONS:

1) Narcisa Prado is entitled to 9/14 of the residential land consisting of 552.20 square meters, more or less, situated at 19th Avenue, Murphy, Quezon City and covered by Transfer Certificate of Title No. 71344;

2) the sale of the undivided one-half portion thereof by Narcisa Prado in favor of Tomas Calpatura, Sr. is valid.

Furthermore, the case is REMANDED to the court of origin, only for the purpose of determining the specific portion being conveyed in favor of Tomas Calpatura, Sr. pursuant to the partition that will be agreed upon by the respondents.


·        Family Code of the Philippines                    Judge Albano, Ed Vincent S. (2017)


Prepared by:

Kath Lyn B. Flores

College of Law

Laguna State Polytechnic University

Santa Cruz Laguna



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