Text of the provision
Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements.
(142a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Article 106 defines the conjugal partnership of gains in one sentence, and the key is what it does not pool. Unlike the absolute community — which merges nearly all property (Article 91) — the CPG keeps each spouse's capital (their separate property) separate, and pools only the gains: the fruits, products and income of that separate property, plus whatever the spouses acquire through their efforts or by chance during the marriage.
On dissolution, the spouses get their own capital back, and only the net gains are split equally. That is the fundamental difference from absolute community: CPG divides the profits of the marriage, not the marriage's entire property.
Related provisions
- Article 109 — what stays each spouse's exclusive property.
- Article 91 — the absolute-community pool, for contrast.
Cases interpreting this article
- Authorities distinguishing the CPG from the absolute community under Article 106 will be added here as each is verified against primary sources.