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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
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 PROPERTY RELATIONS BETWEEN HUSBAND AND 
WIFE, AND ON SUPPORT, AND FOR OTHER PURPOSES 
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];
3.
property already owned by the spouses at the time of marriage is
included in the community property [Art. 91];
4.
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
October 26, 2022
4:48 pm
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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)]; 
6.
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];
8.
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 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 


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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. 
BIENVENIDO M. ABANTE, JR. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
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 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. 
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: 
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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 OF 
ACQUIRED BY A SPOUSE WHOLLY THROUGH HISLHER 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; 
2. xxx; 
3. xxx; 
4. xxx; 
5. xxx; 
6. xxx; 
7. xxx; 
8. xxx; 
9. Expenses of litigation between the spouses unless the suit is found to be 
groundless OR IF THE LITIGATION IS BY REASON OF A CRIME 
COMMITTED BY ONE AGAINST THE OTHER OR AGAINST THEIR 
COMMON CHILDREN. 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 MTH HISLHER 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: 


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(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 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 HISLHER 
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,