Article 205: Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement.
EXPLANATION:
QUASI DELICT. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another.
2. A quasi delict may be public or private; the neglect of the affairs of a community, when it is our duty to attend to them, may be a crime; the neglect of a private matter, under similar circumstances, may be the ground of a civil action. Bowy. Mod. C. L.
These indemnities shall be paid from the common assets(real property owned by "tenants in common," who each have an "undivided interest" in the entire property.) by only one spouse on account of a crime or of a quasi-delict without any obligation of reimbursement(giving back)
Article 206:The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. In case of disagreement, the courts shall settle the difficulty.
EXPLANATION:
Both spouses shall jointly administer and enjoy the community property. In case if disagreement, it is the husband’s decision that shall prevail except when ordered otherwise by the court upon the wife’s recourse to it. The wife has five years to question a contract entered into by the husband arising from the power of administration or enjoyment.
A spouse has the right to enjoy, including the right to use a community property like a car, vacation house, etc. he or she should enjoy or use the same without unjustly depriving the other spouse of his or her right over it.
As to acts of administration, reference may be made to the pertinent rules agency. One spouse may execute acts of administration without getting the consent of the other spouse for to do so may harm the smooth management of the household. Either of the spouses may execute acts of administration but it would be better to consult first the other. For example, if the spouses have placed their community property like apartments in business. Only one spouse may do collection of rentals. Ordinary repairs of these apartments may be initiated by one or either spouse. If a lease on one apartment expires, either spose may enter into a contract or lease with a third person for a period not exceeding one year without the consent of the other. But it was held that leasing a realty is encumbering the same.
Payments for liabilities or responsibilities are acts of administration which either spouse may do. I believe that joint administration means by one or by both of the spouses as opposed to sole administration.
In cases of acts of strict ownership by one spouse, there should be consent of other spouse. acts of compromise, novation, mortgage, lease for more than one year, waiver of rights, etc. are acts of strict dominion and must be consented to by the other spouse.
If one spouse is incapacitated( as when he suffers from serious illness0 or unable to participate in the administration of the common property ( as when he goes abroad on a business trip), the other spouse ( without need of judicial authority ) may assume sole powers of administration.
The powers of administration do not include disposition ( alienation in any form) or encumbrance without the written consent of the other spouse, or without , in the proper case, authority from the court. If a spouse disposes or encumbers a community property ( real or personal) without such consent or authority, such disposition or encumbrance shall be void. But this nature of being void, the transaction ( disposition or encumbrance ) constitutes a continuing offer of the other spouse or authority by the court unless the offer is withdrawn earlier.
Note that there are dispositions that do not consent by both spouses, or authority by the court.
Abuse of the power of administration ( or enjoyment) may take place. Regardless of whether the spouses keep separate accounts or not, one spouse may question and ask for accounting from the other spouse to know if administration is really done properly, prudently and appropriately. It may happen that a rich wife may be a sugar mommy of a young man upon whom she showers material blessings to the utter prejudice of the family and the community or a dishonest husband may be maintaining a querida who gold-digs money, jewelry, etc. from the immoral husband. Or an immoral wife may be buying indiscriminately jewelries at excessive prices that may result in dissipation of the treasures of the community. Accounting may be legally demanded by one spouse against the other spouse or the court may order mutual accounting for the peace of mind of the spouses and the family. The court may, in appropriate case, order separation of property or receivership, or the court may order that the honest spouse assume sole administration of the community or partnership.
Article 207:Neither spouse may alienate or encumber any common property without the consent of the other. In case of unjustifiable refusal by the other spouse, the courts may grant the necessary consent.
EXPLANATION:
Donation of community property, being a disposition of property, must be with the consent of both spouses. It seems clear that authority of the court cannot be a substitute for consent by a spouse.
The following donations may be made by one spouse without the consent of the other spouse:
1. Moderate donations from the community property for charity.
2. Moderate donations on occasions of family rejoicing, either to the other spouse or to the children or to those that fall under the term “ family relations “
3. Moderate donations on occasions of family distress as when a member of the family or an in-law dies.
Article 209: When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply.
EXPLANATION:
Art. 178. The separation in fact between husband and wife without judicial approval, shall not affect the conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have a right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be necessary;
(3) If the husband has abandoned the wife without just cause for at least one year, she may petition the court for a receivership, or administration by her of the conjugal partnership property, or separation of property. (n)
Application of the provisions of Article 178, when there is a separation between husband and wife without judicial approval.
Article 210: Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. In case of legal separation or annulment of marriage, the provisions of Articles 176 and 177 shall apply to the net profits acquired during the marriage.
EXPLANATION:
Art. 176. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply.
In case there are no children, the innocent spouse shall be entitled to all the net profits. (n)
Art. 177. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. The provision of the preceding article shall govern. (n)
It is clearly stated that the net assets shall be divided equally between the husband and the wife or their heirs ( a person who will become the owner of all or part of another’s property or titles on that other’s death). Articles 176 and 177 shall apply if there is legal separation or annulment incurred.
Article 211: Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons.
Explanation:
Article 103 of the Family Code of the Philippines on the Revised Edition of 2009, states that “ 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 no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra- judicially within one year from the death of the deceased spouse. If upon the lapse of one-year period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Explanation:
It is for the good of all the members of the family and their creditors to have the estate of the deceased spouse settled and liquidated, either judicially or extrajudicially.
If no liquidation is made within the one- year period counted from death of the deceased spouse, the above provision in effect prohibits disposition or encumbrance of the community property of the terminated marriage. After the one- year period, liquidation can still proceed in accordance with law and in such a situation, disposition can be made in the course of or pursuant to liquidation.
The last paragraph ordaining a complete separation of property for the subsequent marriage is to prevent undue incursions by the new spouse into the community property of the previous marriage to the prejudice of the common children or heirs of the deceased spouse. It is a provision designed to do away with unjust enrichment possibly in connivance with the widow or widower of the deceased spouse.
