EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez
8672

House Bill No.
EXPLANATORY NOTE

In the Philippines, there are three property regimes established by ours laws. One is the
Conjugal Partnership of Gains, where basically, each spouse retains ownership of the property
they had before the marriage, and itis only the income, fruits or proceeds from said individually
‘owned property that are co-owned by the spouses.

‘Another property regime is the Absolute Community of Property (ACP) where basically, the
‘spouses become co-owners of properties they each individually owned before marriage and
those acquired after.

And last is the Complete Separation of Properties, where each spouse retains individual
ownership of the property that they had brought into the marriage as well as the property they
had individually acquired thereafter.

In the Civil Code, the default property regime was the Conjugal Partnership of Gains. It was
amended by the Family Code to become Absolute Community of Property.

The shift to Absolute Community of Property regime has far reaching effects in other aspects
of the Civil Code particularly when it comes to property ownership and succession. There are
instances where the ACP cannot be reconciled with other provisions of the Civil Code.

While the ACP seems like the ideal property regime where husband and wife share and co-
won almost everything, there are complicated realities that marriages face; realities that,
unfortunately, are at times detrimental and problematic to the relations of less-than-ideal
families and marriages. And situations sometimes arise where property disputes between
spouses can lead to more resentment.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. RODRIGUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 8672

AN ACT
PROVIDING FOR THE REGIME OF CONJUGAL PARTNERSHIP OF GAINS AS THE
GOVERNING REGIME IN THE ABSENCE OF A MARRIAGE SETTLEMENT OR WHEN THE.
REGIME AGREED UPON IS VOID, AMENDING FOR THE PURPOSE ARTICLES 75 AND
147 OF TITLE IV OF EXECUTIVE ORDER NO. 209, AS AMENDED BY EXECUTIVE ORDER
NO. 277, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Article 75 of Title IV of the Family Code of the Philippines is hereby amended to
read as follows:

“Art. 75. The future spouses may, in the marriage settlements, EITHER IN
A_SEPARATE DOCUMENT OR AS PROVIDED FOR IN THEIR
APPLICATION FOR MARRIAGE LICENSE OR IN THE MARRIAGE
LICENSE ITSELF, agree upon the regime of absolute community, conjugal
partnership of gains, complete separation of property, or any other regime.
In the absence of marriage settlements, or when the regime agreed upon
is void, the [system of absolute community of property] REGIME OF
CONJUGAL PARTNERSHIP OF GAINS as established in this Code shall
govern.

SEC. 2. Article 147, first paragraph, of Title IV of the Family Code of the Philippines is
hereby amended to read as follows:

“Art. 147. When a man and a woman who are capacitated to marry each
other, live exclusively with each other as husband and wife without the
benefit of a marriage or under a void marriage, their RESPECTIVE wages
and salaries EARNED IN THEIR INDIVIDUAL CAPACITY shall be owned
by them fin equal shares] UNDER THE REGIME OF CONJUGAL
PARTNERSHIP OF GAINS and the property acquired by both of them
through their work or industry shall be governed by the rules on
coownership."

SEC. 3. This Act shall take effect fifteen (15) days afer its publication in the Official Gazette
or in a newspaper of general circulation.

Approved,