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SENATE OF THE PHILIPPINES 
) 
'13 
AUG 29 P4 :45 
SIXTEENTH CONGRESS 
) 
First Regular Session 
) 
SENATE 
RECE!VEB HV:-f- \ 
Senate Bill No. 
1428 
Introduced by SENATOR JOSEPH VICTOR G, EJERCITO 
EXPLANATORY NOTE 
Conjugal Partnership of Property (CPG) is one of the property 
regime between the spouses provided by law, wherein the husband and 
wife place in a common fund the proceeds, products, fruits and income 
from their separate properties and those acquired by either or both 
spouses through their efforts or by chance. Upon dissolution of the 
marriage or of the partnership, the net gains or benefits obtained by 
either or both spouses shall~ divided equally between them, unless 
otherwise agreed in the marnage settlements. Under this property 
regime, the sp0uses retain the ownership, possession, administration 
and enjoyment of their exclusive properties. A spouse may also mortgage, 
encumber, alienate or otherwise dispose of his or her exclusive property, 
without the consent of the other spouse, and appear alone in court to 
litigate with regard to the same. 
The Spanish Civil Code, which was enforced from 1889 to 1950, 
and the New Civil Code, which was in effect from 1950 to 1986, both 
mandated the conjugal partnership of gains. 
However, the set-up was changed to the system of absolute 
community of property when the Family Code took effect on August 3, 
1988. In this property relation, the spouses have equal rights over the 
property acquired by the husband or the wife before and during the 
marriage. 
This bill put forward the revival of the conjugal partnership of 
gains as property relation in case the would be spouses fails in the 


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marriage settlement to agree to a property regime that would govern their 
marriage, or when that agreed upon is void, 
In this property regime, it will prevent freeloading men and women 
from benefiting from their spouses, Moreover, this will remove in the 
minds of the would be spouses and their families that the reason for the 
marriage is the wealth of the other party. This will also serve as a 
protection to both spouses that if something unfortunate happen in the 
future, ie. legal separation or annulment of marriage, the properties that 
they own before marriage remain as their exclusive property, 
In view of the foregoing, the immediate enactment of this measure 
is earnestly sought. 
Joseph Victor G. Ejercito 


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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
1428 
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Introduced by SENATOR JOSEPH VICTOR G, EJERCITO 
AN ACT AlVIENDING ARTICLE 75 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 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, 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] CONJUGAL PARTNERSHIP 
OF GAINS as established in this Code shall govern." 
SECTION 2. This Act shall take effect fifteen (15) days after its 
pUblication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved,