CPG Scope, A117 Family Code
1.Scope of Conjugal Partnership
Conjugal partnership constitutes the following:
(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. (FAMILE CODE, Article 117)
a. Onerous title
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; x x x
1) Onerous tile – means “involving, imposing, or constituting a burden”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/onerous [last visited Sept. 14, 2025])
2) Title – means “a legal right to the ownership of property”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/title [last visited Sept. 14, 2025])
3) Onerous title – refers to acquiring ownership of property through some burden, such as payment or something of value in exchange for the property.
5) CPG includes anything acquired by onerous title during the marriage using the common fund, whether the acquisition be for:
(a) the Partnership; or
(b) one of the spouses.
6) Conjugal partnership property includes assets bought or acquired during the marriage when the payment or consideration comes from the couple’s shared funds. It does not matter whether the property was formally registered in the name of both spouses or only in the name of one — the decisive factor is that the cost was covered by the common partnership resources. (OpenAI ChatGPT-5 [2025], reviewed by Legal / J. Del Puerto, Accessed 12 September 2025)
Example 1: Miguel and Teresa used their joint savings to purchase a car, though it was registered only under Miguel’s name. Because it was paid for with conjugal funds, the car formed part of the conjugal partnership property. (Ibid.)
Example 2: Alberto bought a parcel of land using money from the family business, even if the title was issued solely in his wife Rosa’s name. Since the expense came from the conjugal partnership, the land still belonged to the conjugal property. (Ibid.)
Example 3: Carla acquired an apartment during her marriage to Luis using money from their shared account. Although she signed the purchase contract alone, the apartment was deemed conjugal property because the payment came from the common fund. (Ibid.)
b. Labor, industry, work, profession
Article 117. The following are conjugal partnership properties:
x x x
(2) Those obtained from the labor, industry, work or profession of either or both of the spouses; x x x
1) Labor – means “the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/labor [last visited Sept. 14, 2025])
2) Industry – means “systematic labor especially for some useful purpose or the creation of something of value”; “diligence in an employment or pursuit”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/industry [last visited Sept. 14, 2025])
NB: Industry includes business ventures or any economic activity.
3) Work or profession – means “to perform work or fulfill duties regularly for wages or salary”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/work [last visited Sept. 14, 2025])
4) Profession – means “a calling requiring specialized knowledge and often long and intensive academic preparation”; “a principal calling, vocation, or employment”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/profession [last visited Sept. 14, 2025])
5) Property belonging to the conjugal partnership also includes everything earned by either spouse — or both together — through their personal effort, skills, business activities, or professional practice during the marriage. Whether the income comes from wages, business profits, or professional fees, once it is earned within the marriage, it automatically becomes part of the common conjugal property, regardless of who actually generated it. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Marina worked as an architect and received professional fees for designing several buildings. Even though she alone performed the work, the income she earned formed part of the conjugal partnership property with her husband Carlos. (Ibid.)
Example 2: Rafael managed a small tailoring shop, while his wife Isabel worked as a nurse. The earnings from both their jobs, despite coming from different sources, were all considered conjugal partnership assets. (Ibid.)
Example 3: Leo wrote a series of books that sold well during his marriage to Cecilia. The royalties he earned became conjugal property, since they were fruits of his profession while married. (Ibid.)
c. Fruits
Article 117. The following are conjugal partnership properties:
x x x
(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; x x x
Related provisions:
Article 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (CIVIL CODE)
1) Fruits – under Philippine law, refers to any offshoot, product, or result produced by an asset or property.
2) Natural fruits – are the spontaneous products of the soil, and the young and other products of animals. (CIVIL CODE, Article 442)
3) Industrial fruits – are those produced by lands of any kind through cultivation or labor. (Ibid., Paragraph 2, Article 442)
4) Civil fruits – are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (Ibid., Paragraph 3, Article 442)
5) Under Article 117(3), net fruits from the exclusive property are the fruits after all costs, expenses, and liabilities have been paid.
6) Conjugal partnership property also covers the income or “fruits” generated during the marriage. These may come from common property owned by both spouses, or [the net fruits] from the exclusive property of each spouse. Fruits can be natural (like crops or harvests), industrial (like products from a factory or workshop), or civil (like rental income, interest, or dividends). While the land or asset itself may remain exclusive, the net earnings or benefits it produces during the marriage are included in the conjugal partnership. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Alfredo owned farmland inherited before his marriage to Luz. The land itself was his exclusive property, but the rice harvests produced yearly while married became part of the conjugal partnership. (Ibid.)
Example 2: Sofia and Daniel jointly owned a commercial building. The rent they collected from tenants during their marriage counted as civil fruits and thus became conjugal partnership property. (Ibid.)
Example 3: Clara had a pre-marriage bank deposit that earned interest. Even though the deposit itself was her exclusive property, the interest earned during her marriage to Ramon formed part of the conjugal partnership. (Ibid.)
d. Hidden treasure
Article 117. The following are conjugal partnership properties:
x x x
(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; x x x
Related provisions:
Article 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. (351a)
Article 713. Things appropriable by nature which are without an owner, such as animals that are the object of hunting and fishing, hidden treasure and abandoned movables, are acquired by occupation. (610)
Article 718. He who by chance discovers hidden treasure in another’s property shall have the right granted him in article 438 of this Code. (614)
1) If one spouse gains a share of hidden treasure — as allowed by law, either because they discovered it or because it was found on property they own — that share does not remain solely theirs. Instead, it is counted as part of the conjugal partnership property. In short, any lawful portion of treasure attributed to either spouse during the marriage automatically becomes a joint asset of the couple. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Mario discovered a hidden chest of old coins while farming on land he co-owned with his wife Elena. The share of treasure legally awarded to him was treated as conjugal partnership property. (Ibid.)
Example 2: Beatriz owned a parcel of land from before her marriage to Rafael. When treasure was unearthed there, the law granted her a share as the landowner. Even though the land was her exclusive property, the treasure share became part of the conjugal estate. (Ibid.)
Example 3: Carlos and Diana hired workers who stumbled upon hidden valuables while excavating their conjugal lot. The portion of the treasure given to them as owners was considered conjugal property. (Ibid.)
e. Occupation
Article 117. The following are conjugal partnership properties:
x x x
(5) Those acquired through occupation such as fishing or hunting; x x x
1) Under Article 117(5), refers to lawful occupation – in relation to Book III – Different Kinds of Acquiring Ownership under the Civil Code (See Articles 712 to 720). Thus, occupation here refers to activities that result in the acquiring ownership of a thing. For example, the fish caught at sea becomes the property owned by the one who caught it.
2) Conjugal partnership property also includes things obtained by either spouse during the marriage through lawful occupation of natural resources, such as fishing, hunting, or similar activities. What matters is that these resources are captured or collected while the marriage exists; once obtained, they automatically belong to the conjugal estate, regardless of which spouse performed the act. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Ramon regularly went fishing during his marriage to Luz. The large catch he sold at the market brought in income, and both the fish and the earnings were treated as conjugal property. (Ibid.)
Example 2: Clara joined a licensed hunting trip and brought home wild game. Even though she personally did the hunting, the meat and hides obtained were considered part of her and Eduardo’s conjugal assets. (Ibid.)
Example 3: Miguel and Teresa harvested shellfish from tidal flats near their home. The shellfish collected during the marriage were included in their conjugal partnership property, even if it was Miguel who did most of the gathering. (Ibid.)
f. Livestock
Article 117. The following are conjugal partnership properties:
x x x
(6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; x x x
1) Livestock – refers to “animals kept or raised for use or pleasure”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/livestock [last visited Sept. 14, 2025])
2) When a marriage ends and the conjugal partnership is dissolved, any increase in livestock beyond what each spouse originally brought into the marriage becomes part of the conjugal property. In other words, if one spouse owned a certain number of animals before the marriage, only that initial number remains their exclusive property. Any growth — whether through breeding, purchase with common funds, or other means — belongs to the conjugal partnership. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Diego entered the marriage with 10 cows, while Marina brought none. At the end of the marriage, they had 18 cows. Diego kept his original 10, but the additional 8 were treated as conjugal property. (Ibid.)
Example 2: Sofia owned 5 goats before marrying Jorge. During the marriage, their herd grew to 15 through breeding and care funded by joint resources. Upon dissolution, Sofia retained her original 5, while the extra 10 belonged to the conjugal partnership. (Ibid.)
Example 3: Carlos brought 12 chickens into the marriage with Elena. Years later, after expansion using conjugal funds, they had 40 chickens. Carlos retained ownership of his original 12, and the remaining 28 were classified as conjugal property. (Ibid.)
g. Game of Chance
Article 117. The following are conjugal partnership properties:
x x x
(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, 154a, 155, 159)
1) The conjugal partnership also covers assets gained by luck or chance, such as winnings from gambling, betting, or similar activities. Once acquired, these winnings are considered part of the shared property of the spouses. However, the reverse is not true for losses — if a spouse loses money or property through gambling, that liability is personal and cannot be charged to the conjugal partnership. The risk belongs solely to the one who engaged in the activity. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: Luis won a large cash prize from a state lottery ticket he bought during his marriage to Celia. Even though he purchased the ticket alone, the winnings became conjugal property. (Ibid.)
Example 2: Andrea joined a community raffle and won a brand-new motorcycle. The motorcycle became part of her and Marco’s conjugal partnership property. (Ibid.)
Example 3: Fernando spent heavily on illegal betting and lost a large amount of money. The loss was his sole responsibility and could not be paid out of conjugal funds shared with his wife Lorna. (Ibid.)
