Text of the provision
Art. 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, 154a, 155, 159)
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
Where Article 116 gives the presumption, this article gives the list. It enumerates the seven kinds of property that make up the conjugal partnership:
- Bought with common funds (onerous title) during the marriage — even if acquired for just one spouse.
- The fruits of work — anything earned from the labor, industry, profession or business of either or both spouses.
- Fruits and income — the natural, industrial and civil fruits of common property, and the net fruits of each spouse's exclusive property.
- A share of hidden treasure, treasure found by occupation such as fishing or hunting, and excess livestock at dissolution.
- Winnings by chance, such as gambling or lottery — but any losses fall on the losing spouse alone, not the partnership.
Note the important detail in item (3): even the income from a spouse's exclusive property becomes conjugal. The property stays separate; its net fruits are shared.
Related provisions
- Article 116 — the presumption that acquisitions during marriage are conjugal.
- Article 106 — what the conjugal partnership of gains is.
Cases interpreting this article
- Authorities on Article 117 will be added here as each is verified against primary sources.