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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH 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 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 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
August 5, 2025
12:07 pm
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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 forms 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 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). 


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A spouse should be protected from such an 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. 
BIENVENIDO M. ABANTE, JR. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH 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 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 State 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.
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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 OF ACQUIRED BY A SPOUSE WHOLLY THROUGH HIS 
OR 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; 
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 from 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. 


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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 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 by 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 OR HER OBLIGATIONS TO THE 
FAMILY, 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. 


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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,