Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. (oe

Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

EXPLANATORY NOTE

It is a declared Policy that the State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic
autonomous social institution (Sec. 12. Art. II, Constitution).

One of the property regimes that may cover the property relations
between husband and wife is the System of Absolute Community under
Chapter 3, Title IV of Executive Order No. 209 (otherwise known as the
Family Code of the Philippines).

Under EO 209, the —

1. absolute community of property commences at the precise
moment that the marriage is celebrated [Art. 88];

2. no waiver of rights, interests, shares and effects of the
absolute community of property during the marriage can
be made except in case of judicial separation of property
(Art. 89];


-page 2-

3. property already owned by the spouses at the time of
marriage is included in the community property [Art. 91];

a

the support of illegitimate children shall be governed by
the provisions of the Code on Support [Art. 94];

5. the absolute community of property is liable for
antenuptial debts, support of illegitimate children,
liabilities incurred by either spouse by reason of a crime or
a quasi-delict in case of absence or insufficiency of the
exclusive property of the debtor-spouse [Art. 94(9)], and
for expenses of litigation between the spouses unless the
suit is found to be groundless [Art. 94(10)];

>

either spouse may, without the consent of the other, make
moderate donations from the community property for
charity or on occasions of family rejoicing or family
distress [Art. 98];

7. even where a spouse commits the crime of adultery or
concubinage, or commits a crime against the other, the
absolute community regime is not dissolved or
terminated [Art. 99];

~

. the separation in fact between the husband and wife shall
not affect the regime of absolute community [Art. 100];

9. upon dissolution of the absolute community regime, the
net assets shall be divided equally between the husband
and wife [Art. 102] and

10. for the support of legitimate ascendants; descendants;
whether legitimate or illegitimate; and brothers and
sisters, whether legitimately or illegitimately related, only
the separate property of the person obliged to give
support shall be answerable provided that in case the
obligor has no separate property, the absolute community
or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the
share of the spouse obliged upon the liquidation of the


-page 3-
absolute community or of the conjugal partnership [Art. 197].

Under the foregoing provisions of EO 209, a spouse is given a legal
opportunity to squander property brought into the marriage by the other
spouse including those that he/she acquired from the labor, sweat or
generosity of his/her parents or forefathers. This is so because such
property form part of the absolute community —

a] the administration and enjoyment of which belong to both
spouses jointly, even if the other spouse has committed a
crime against the other or against their common children,
and even if the other spouse turns out infidel; and

b] which is liable for antenuptial debts, support of
illegitimate children, and even to liabilities incurred by
either spouse by reason of a crime or a quasi-delict

In the olden days, it was a cherished principle and practice to keep
and preserve family property within the family (Ruth Chapters 2 & 3,
KJV).

A spouse should be protected from such unjust and unfair situation
and from a ‘marriage by convenience’ that makes a mockery of the
sanctity of marriage which is the foundation of the family. The family is a
basic social institution that society cherishes, and the first institution that
God himself established.

In the light of the foregoing there is a need to amend the law.

The passage of this Bill is, therefore, earnestly

(“ABANTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon city

EIGHTEENTH CONGRESS,
First Regular Session

4833
HOUSE BILL NO.

Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

AN ACT

AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN
AS THE FAMILY CODE OF THE PHILIPPINES, ON THE
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE, AND

ON SUPPORT, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the

Philippines in session assembled:

SECTION 1. Declaration of Policy. — It is the Policy of the State to
give full meaning to the Constitutional declaration that the Sate
recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution, and that such protection

should extend to the property relations of husband and wife.

SEC. 2. Art. 91 of EO 209 is hereby amended to read as follows:

Art. 91 — Unless otherwise provided in this Chapter or in
the marriage settlements, the community property shall consist
of all the property owned by the spouses AFTER THE

CELEBRATION OF THE MARRIAGE.


-page 2-
SEC. 3. Art. 92(3) of EO 209 is hereby amended to read as follows:

Art. 92: The following shall be excluded from the
community property:
(1) xxx;
(2) xxx:

(3) Property acquired before the marriage by either
spouse INCLUDING THOSE ACQUIRED DURING THE
SUBSISTENCE OF THE MARRIAGE BY INHERITANCE OR
DONATION FROM THEIR PARENTS OR SIBLINGS.

SEC. 4. Art. 93 of EO 209 is hereby amended to read as follows:

Art. 93 — Property acquired during the marriage is
presumed to belong to the community, unless it is proved that it
is one of those excluded therefrom OR ACQUIRED BY A
SPOUSE WHOLLY THROUGH HIS/HER EFFORT,
PERSONAL MEANS OR LABOR.

SEC. 5. Art. 94 (9) of EO 209 is hereby deleted and Art. 94 (1) and
(10) are hereby amended, so that Art. 94 should read as follows:

Art. 94. The absolute community of property shall be

liable for:
1. The support of the spouses and their common

children;
XXX;
XXX}
XXX;
XXX;
XXX;
XXX;
XXX;
Expenses of litigation between the spouses unless
the suit is found to be groundless OR JF THE LITIGATION IS
BY REASON OF A CRIME COMMITTED BY ONE AGAINST
THE OTHER OR AGAINST THEIR COMMON CHILDREN.

CRAIANAYN


~page 3-

If the community property is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily liable for
the unpaid balance with their separate properties.

SEC. 6. Art. 96 of EO 209 is hereby amended to read as follows:

Art. 96. The administration and enjoyment of the
community property shall belong to both spouses jointly,
EXCEPT THAT THE SPOUSE WHO HAS LEFT THE
CONJUGAL HOME, HAS REFUSED TO LIVE THEREIN, HAS
ABANDONED THE OHER WITHOUT JUST CAUSE, OR HAS
FAILED TO COMPLY WITH HIS/HER OBLIGATIONS TO
THE FAMILY SHALL NOT BE ENTITLED TO SUCH
ADMINISTRATION AND ENJOYMENT. In case of
disagreement, the husband’s decision shall prevail, subject to
recourse to the court by the wife for a proper remedy, which
must be availed of within five years form the date of the
contract implementing such decision,

SEC. 7. Art. 98 of EO 209 is hereby amended to read as follows:

Art. 98. Neither spouse may donate any community
property without the consent of the other. However, either
spouse may, without the consent of the other, make moderate
donations from the community property for charity.

SEC. 8. Art. 99 of EO 209 is hereby amended adding two (2)
additional grounds for the termination of the absolute community, so that
the said Article shall read as follows:

Art. 99 — The absolute community terminates:

(1) xxx;

(2) xxx;

(3) xxx;

(4) xxx,

(5) WHEN ONE SPOUSE COMMITS A CRIME
AGAINST THE OTHER SPOUSE OR AGAINST THEIR
COMMON CHILDREN; OR

(6) WHEN ONE SPOUSE LEAVES THE CONJUGAL
HOME, REFUSES TO LIVE THEREIN, HAS ABANDONED


-page 4-

THE OTHER WITHOUT JUST CAUSE, OR HAS FAILED TO
COMPLY WITH HIS/HER OBLIGATIONS TO THE FAMILY.

SEC. 9. Art. 100 of EO 209 is hereby amended adding one (1)
paragraph, so that the same shall read as follows:

Art. 100 — The separation in fact between husband and
wife shall not affect the regime of absolute community except
that:

(1) xxx;

(2) xxx;

(3) xxx;

(4) WHEN ONE SPOUSE LEAVES THE CONJUGAL
HOME, REFUSES TO LIVE THEREIN, HAS ABANDONED
THE OTHER WITHOUT JUST CAUSE, OR HAS FAILED TO
COMPLY WITH HIS/HER OBLIGATIONS TO THE FMAILY,
THE REGIME OF ABSOLUTE COMMUNITY SHALL BE
DEEMED DISSOLVED.

SEC. 10. Art. 197 of EO 209 is hereby amended to read as follows:

Art. 197. For the support of legitimate ascendants;
descendants; whether legitimate or illegitimate; and brothers
and sisters, whether legitimately or illegitimately related, only
the separate property of the person obliged to give support
shall be answerable.

SEC. 11. Separability Clause. — If for any reason any section or
provision of this Act, or any portion thereof, or the application of such
section, provision or portion thereof to any person, group or circumstance
is declared invalid or unconstitutional, the remaining provisions of this
Act shall not be affected by such declaration and shall remain in force
and effect.

SEC. 12. Repealing Clause. — All laws, presidential decrees,
executive orders, rules and regulations inconsistent with any provisions of
this Act shall be deemed repealed, amended or modified accordingly.


SEC. 13. — Effectivity. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general
circulation.

Approved,