ANO ANG BATAYAN SA COMMUNITY PROPERTY NG MAG ASAWA скачать в хорошем качестве

ANO ANG BATAYAN SA COMMUNITY PROPERTY NG MAG ASAWA

Key Facts About EO 209 (Family Code of the Philippines) • Date signed: July 6, 1987 • Signed by: President Corazon C. Aquino • Purpose: To update and modernize family law provisions in the Civil Code of 1950. • Scope: Governs marriage, property relations between spouses, parental authority, adoption, support, and family rights. Executive Order No. 209 of 1987 is the Family Code of the Philippines. It modernized family law by redefining marriage, updating property regimes, strengthening parental authority, and clarifying grounds for annulment and separation. Key Innovations of EO 209 (Compared to Civil Code) • Shifted default property regime from Conjugal Partnership of Gains to Absolute Community of Property. • Recognized psychological incapacity as a ground for annulment. • Strengthened joint parental authority (not just paternal). • Lowered age of majority from 21 to 18. • Expanded grounds for legal separation. ACP is broader—almost everything is pooled into community property. CPG is narrower—only gains and fruits during marriage are shared, while original properties remain exclusive. Rental proceeds are always considered part of the community or conjugal property. Upon separation or annulment, they are liquidated, debts are settled, and the net proceeds are divided equally—unless one spouse forfeits their share due to being at fault. Division of Rental Proceeds Upon Separation 1. Absolute Community of Property (ACP) • All rental proceeds (net income after expenses) are part of the community property. • Upon legal separation or annulment, the community property is liquidated: • Debts and obligations of the community are paid first. • Remaining assets (including rental proceeds and property itself) are divided equally between spouses. • If one spouse is guilty of the cause of separation (e.g., infidelity), they may lose their share of the net profits, which instead go to the innocent spouse and children. 2. Conjugal Partnership of Gains (CPG) • Only the fruits and income (like rental proceeds) of properties acquired during marriage are conjugal. • Upon liquidation: • Each spouse gets back their exclusive property. • The net rental proceeds (after expenses and debts) are divided equally. • Again, if one spouse is guilty of the cause of separation, they may forfeit their share of the net profits. 3. Death of a Spouse • The surviving spouse keeps their share of the community property (including rental proceeds). • The deceased spouse’s share goes to their heirs (children, parents, or others under succession law). Rental income is taxed as part of community property while married. After separation or annulment, only the spouse who retains ownership declares it. After death, rental income is split between the surviving spouse and heirs, each declaring their share. Absolute Community of Property (ACP) Conjugal Partnership of Gains (CPG) Property Type Rental Income (from property acquired during marriage) ACP Belongs to the community, shared equally CPG Considered a “fruit” of conjugal property, shared equally Property owned before marriage ACP Included in community property (unless excluded by law or prenuptial agreement) CPG Remains exclusive property of the spouse who owned it Inheritance or donation to one spouse only ACP Exclusive property of that spouse CPG Exclusive property of that spouse Inheritance or donation to both spouses jointly ACP Becomes community property CPG Becomes conjugal property Personal items (clothing, personal effects) ACP Exclusive property CPG Exclusive property Jewelry ACP Considered community property CPG Considered conjugal property Income, fruits, and earnings (e.g., dividends, farm produce) ACP Belong to the community CPG Belong to the conjugal partnership Liquidation upon separation/annulment ACP Community assets divided equally after debts CPG Conjugal gains divided equally; exclusive property returned to each spouse Default property regime 1950 Conjugal Partnership of Gains 1987 Absolute Community of Property Marriage definition 1950 Contract 1987 Permanent union, inviolable institution Parental authority 1950 Primarily father 1987 Joint authority of both parents Grounds for annulment 1950 Limited 1987 Expanded (e.g., psychological incapacity) Outline of the Family Code (EO 209, 1987) Title I – Marriage Title II – Legal Separation Title III – Rights and Obligations Between Husband and WifE Title IV – Property Relations Between Husband and Wife • Default regime: Absolute Community of Property (ACP). • Rules for Conjugal Partnership of Gains (CPG) Title V – The Family Title VI – Paternity and Filiation Title VII – Adoption Title VIII – Support Title IX – Parental Authority Title X – Emancipation and Age of Majority