Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _5268

Introduced by
REPRESENTATIVE PANTALEON D. ALVAREZ

EXPLANATORY NOTE

Article 75 of Title IV of the Family Code of the Philippines states that
in the absence of a marriage settlement, the property relations between
husband and wife shall be under the system of absolute community. By
default, everything that is brought into the marriage, including properties
acquired during marriage, are co-owned by husband and wife in equal
shares. It is a far departure from the system of conjugal partnership of
gains, the previous default property regime, under which a common fund
exists, derived from the separate properties of husband and wife.

Although it is, at first glance, an ode to the integrity of the Filipino
family, the notion of anything “absolute” is quite antiquated when put
against the complicated realities that marriages face. The State must
recognize that these realities are, in fact, burdensome and detrimental to
the relations of less-than-ideal families and marriages. The contestation of
property in the face of a growing rift only breeds resentment.

In response, this Bill proposes to amend the Family Code provision on
the default property regime. Instead of the absolute community of
property, it shall now be the regime of total separation of property. This
system provides that each spouse shall own, dispose of, possess,
administer and enjoy his and her own separate property, without need
for consent of the other. Additionally, separate earnings shall be owned


by each spouse separately. The same applies to the property regime of
unions without the benefit of marriage or under a void marriage, which
presently divides ownership of wages and salaries in equal shares under
Article 147 of the Family Code.

Further, in the interest of protecting the family, both spouses shall
remain legally bound to provide for the support of the family through
their separate properties.

In view of the foregoing, the approval of this Bill is earnestly sought.

PANTALEON LVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5268

Introduced by
REPRESENTATIVE PANTALEON D. ALVAREZ

AN ACT
PROVIDING FOR THE REGIME OF TOTAL SEPARATION OF
PROPERTY 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. 227,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES
Be it enacted by the Senate of the Philippines and the House of
Representatives 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, agree upon the regime of absolute

community, conjugal partnership of gains, complete


separation of property, or any other regime. In the
absence of a marriage settlement or when the regime
agreed upon is void, the [system—of—abselute
community—of—property] REGIME OF TOTAL
SEPARATION OF PROPERTY as established in this

Code shall govern.”

Section 2. Article 147 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
marriage or under a void marriage, their RESPECTIVE
wages and salaries EARNED IN THEIR INDIVIDUAL
CAPACITY shall be owned by them [in-equal-shares]
UNDER THE REGIME OF TOTAL SEPARATION OF
PROPERTY and the property acquired by both of them
through their work or industry shall be governed by the

rules on co-ownership.”
Section 3. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general

circulation.

Approved,