CHAPTER

CONJUGAL PARTNERSHIP OF GAINS  

Section 3. Conjugal Partnership Property

Article 117. The following are conjugal partnership properties:

(1)                 Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;

(2)                 Those obtained from the labor, industry, work or profession of either or both of the spouses;

(3)                 The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse;

(4)                 The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found;

(5)                 Those acquired through occupation such as fishing or hunting;

(6)                 Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and

(7)                 Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154, 155, 159)

In Flores vs. Flores, 48 Phil. 288, a man married three (3) times. During the second marriage, he bought a parcel of land with some conjugal funds. He was able to register the land after his second wife died. Under this situation, the land belongs to the partnership of the second marriage.

Flores and Flores v. Flores

G.R No. 24173, November 24, 1925

FACTS: A man was married three times. During his second marriage, he bought some land with conjugal funds. After the second wife died, the husband registered the land under his own name in the Torrens System. Later, he married for the third time. Who owns the land?

HELD: The conjugal partnership of the second marriage is the owner of the land. In Sec. 70 of the Land Registration Act (No. 496) it is among other things, expressly declared that nothing in that Act shall be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife... except as otherwise provided in the Act. Property acquired during the marriage with conjugal funds pertain to the conjugal partnership regardless of the form in which the title is then or thereafter taken.

Sources: 
Family Code of the Philippines by Albano