NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES —

Introduced by Representative Rufus B. Ro
House Bill No. 3013

EXPLANATORY NOTE

This bill was filed during the 18" Congress and was approved by the House of
Representatives.

In the Philippines, there are three property regimes established by ours laws. One is the
Conjugal Partnership of Gains, where basically, each spouse retains ownership of the property
they had before the marriage, and itis only the income, fruits or proceeds from said individually
owned property that are co-owned by the spouses.

Another property regime is the Absolute Community of Property (ACP) where basically, the
spouses become co-owners of properties they each individually owned before marriage and
those acquired after.

And last is the Complete Separation of Properties, where each spouse retains individual
‘ownership of the property that they had brought into the marriage as well as the property they
had individually acquired thereafter.

In the Civil Code, the default property regime was the Conjugal Partnership of Gains. It was
amended by the Family Code to become Absolute Community of Property.

The shift to Absolute Community of Property regime has far reaching effects in other aspects
of the Civil Code particularly when it comes to property ownership and succession. There are
instances where the ACP cannot be reconciled with other provisions of the Civil Code.

While the ACP seems like the ideal property regime where husband and wife share and co-
won aimost everything, there are complicated realities that marriages face; realities that,
unfortunately, are at times detrimental and problematic to the relations of less-than-ideal
families and marriages. And situations sometimes arise where property disputes between
spouses can lead to more resentment.

In view of the foregoing, immediate approval of this measure is earnestly requested.

4 /

RUFUS B. RODRIGUEZ


NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez

3013

House Bill No.

ANACT
PROVIDING FOR THE REGIME OF CONJUGAL PARTNERSHIP OF GAINS AS THE
GOVERNING PROPERTY 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, OTHERWISE
KNOWN AS “THE FAMILY CODE OF THE PHILIPPINES”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
Assembled:

SECTION 1. Article 75 of Title IV of Executive Order No. 209, as amended, otherwise known
as “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 a marriage
settlement, or when the regime agreed upon is void, the [system of absolute
community of property] PROPERTY REGIME OF CONJUGAL PARTNERSHIP
OF GAINS as established in this Code shall govern.”

‘SEC. 2. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.

Approved,