Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
PROVIDING FOR THE REGIME OF COMPLETE 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, OTHERWISE KNOWN AS THE 
FAMILY CODE OF THE PHILIPPINES 
EXPLANATORY NOTE: 
On October 6, 2016 during the 17th Congress, then Deputy Speaker and Cebu 
3rd District Representative Gwendolyn F. Garcia filed a bill titled "An Act Providing 
for the 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 Article 75 of 
Title IV of Executive Order No. 209, as Amended by Executive Order No. 277, Otherwise 
Known as the Family Code of the Philippines" which was then docketed as House Bill No. 
3988.  
Said Bill was then referred to the appropriate Committee and, after much 
deliberations, revised so that the default property regime is complete separation of 
property. The bill was approved on third reading by the House of Representatives and 
was then transmitted to the Senate of the Philippines on May 17, 2018. Unfortunately, 
the Bill did not succeed at the Senate. Hence, said Bill was refiled on July 17, 2019 
during the 18th Congress, but it did not progress past the Committee on Revision of 
Laws. It is now being refiled again during the 19th Congress. 
The version of the bill that was approved on third reading and transmitted to 
the Senate during the 17th Congress is herein reproduced, refiled, and its passage is 
earnestly sought.  
  PANTALEON D. ALVAREZ 
September 14, 2022
5:41 pm
4849


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
PROVIDING FOR THE REGIME OF COMPLETE 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, 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 
COMPLETE SEPARATION OF PROPERTY as established in this 
Code shall 
govern. 
PROVIDED, 
THAT IT SHALL 
BE 
MANDATORY FOR THE LOCAL CIVIL REGISTRAR TO 
PROVIDE THE ABOVEMENTIONED MARRIAGE REGIME 
OPTIONS IN THE APPLICATION FOR MARRIAGE LICENSE." 
4849


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 [in equal 
shares] UNDER THE REGIME OF COMPLETE 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." 
 
SEC. 3. Property Regime Form. - Unless otherwise prescribed by 
special law, the parties applying for a marriage license before the local 
civil registrar shall accomplish a document expressing their choice of 
property regime, which shall govern their property relations within the 
marriage. The document shall comply substantially with the following 
form: 
 
 
AGREEMENT AS TO PROPERTY REGIME 
 
 
I, (FULL NAME), of legal age, (NATIONALITY) citizen, and 
a resident of (ADDRESS); and 
 
I, (FULL NAME), of legal age, (NATIONALITY) citizen, and 
a resident of (ADDRESS), after having been duly sworn in 
accordance with law, hereby depose and say; 
 
That together, we have chosen the property regime herein 
provided - 
 
[     ] ABSOLUTE COMMUNITY OF PROPERTY 
[     ] CONJUGAL PARTNERSHIP OF GAINS 
[     ] COMPLETE SEPARATION OF PROPERTY 
 
                    - to govern our property relations effective upon the execution   
            of our marriage. 


Further affiants sayeth none. 
 
IN WITNESS WHEREOF, we have hereunto affixed our 
signatures 
this 
_____ 
day 
of 
_________________, 
in 
________________. 
 
   
 
_______________________ 
        _______________________ 
           (Signature over Printed Name)               (Signature over Printed Name) 
 
SUBSCRIBED AND SWORN before me this  ________   day 
of ______________________ ,   ______  by  _______________________ 
and ___________________ who exhibited to me the following 
government issued identification _____________ issued on 
__________________ at _______________ and ____________ issued 
on __________________ at ______________, respectively, as their 
competent evidence of identity. 
 
 NOTARY PUBLIC 
 
Doc No. ______; 
Page No. ______; 
Book No. ______; 
Series of ______. 
 
 
Should there be variations in property relation within the limits 
provided for in the Family Code of the Philippines, the parties shall 
submit an additional document containing the same to form part of the 
prenuptial agreement, which shall be attached to the application for the 
issuance of a marriage license.  
 
The property regime form should be duly notarized and registered 
with the local civil registry of the place where the application for issuance 
of a marriage license is sought. The absence of registration will not affect 
the validity of the agreement between the parties but will not prejudice 
their creditors. 
 
SEC 4. Separability Clause – If any part or provision of this Act is held 
unconstitutional, the other provisions not affected hereby shall remain in 
force and effect.  


SEC 5. Repealing Clause – All laws, executive orders, issuances, 
decrees, rules and regulations inconsistent with or contrary to the 
provisions of this Act are deemed amended, modified or repealed 
accordingly.  
 
SEC. 6. This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in a newspaper of general circulation. 
 
Approved,