Article 53CITIZENSHIP AND DOMICILE

ARTICLE 36. A marriage contracted by any party who,

at the time of the celebration, was psychologically

incapacitated to comply with the essential marital

obligations of marriage, shall likewise be void even if such

incapacity becomes manifest only after its solemnization.

(As amended by Executive Order 227)

ARTICLE 37. Marriages between the following are

incestuous and void from the beginning, whether

relationship between the parties be legitimate or

illegitimate:

(1) Between ascendants and descendants of any degree;

and

(2) Between brothers and sisters, whether of the full or

half blood. (81a)

ARTICLE 38. The following marriages shall be void

from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate

or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent

and the adopted child;

(6) Between the surviving spouse of the adopted child

and the adopter;

(7) Between an adopted child and a legitimate child of

the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to

marry the other, killed that other person's spouse, or his

or her own spouse. (82)

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ARTICLE 39. The action or defense for the declaration

of absolute nullity of a marriage shall not prescribe. (as

amended by Executive Order 227 s. 1987, RA 8533) (n)

ARTICLE 40. The absolute nullity of a previous

marriage may be invoked for purposes of remarriage on

the basis solely of a final judgment declaring such

previous marriage void. (n).

ARTICLE 41. A marriage contracted by any person

during subsistence of a previous marriage shall be null

and void, unless before the celebration of the subsequent

marriage, the prior spouse had been absent for four

consecutive years and the spouse present has a

well-founded belief that the absent spouse was already

dead. In case of disappearance where there is danger of

death under the circumstances set forth in the provisions

of Article 391 of the Civil Code, an absence of only two

years shall be sufficient.

For the purpose of contracting the subsequent marriage

under the preceding paragraph the spouse present must

institute a summary proceeding as provided in this Code

for the declaration of presumptive death of the absentee,

without prejudice to the effect of reappearance of the

absent spouse. (83a)

ARTICLE 42. The subsequent marriage referred to in

the preceding Article shall be automatically terminated

by the recording of the affidavit of reappearance of the

absent spouse, unless there is a judgment annulling the

previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of

reappearance shall be recorded in the civil registry of the

residence of the parties to the subsequent marriage at

the instance of any interested person, with due notice to

the spouses of the subsequent marriage and without

prejudice to the fact of reappearance being judicially

determined in case such fact is disputed. (n)

ARTICLE 43. The termination of the subsequent

marriage referred to in the preceding Article shall

produce the following effects:

(1) The children of the subsequent marriage conceived

prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal

partnership, as the case may be, shall be dissolved and

liquidated, but if either spouse contracted said marriage

in bad faith, his or her share of the net profits of the

community property or conjugal partnership property

shall be forfeited in favor of the common children or, if

there are none, the children of the guilty spouse by a

previous marriage or in default of children, the innocent

spouse;

(3) Donations by reason of marriage shall remain valid,

except that if the donee contracted the marriage in bad

faith, such donations made to said donee are revoked by

operation of law;

(4) The innocent spouse may revoke the designation of

the other spouse who acted in bad faith as beneficiary in

any insurance policy, even if such designation be

stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage

in bad faith shall be disqualified to inherit from the

innocent spouse by testate and intestate succession. (n)

ARTICLE 44. If both spouses of the subsequent

marriage acted in bad faith, said marriage shall be void ab

initio and all donations by reason of marriage and

testamentary dispositions made by one in favor of the

other are revoked by operation of law. (n)

ARTICLE 45. A marriage may be annulled for any of

the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the

marriage annulled was eighteen years of age or over but

below twenty-one, and the marriage was solemnized

without the consent of the parents, guardian or person

having substitute parental authority over the party, in

that order, unless after attaining the age of twenty-one,

such party freely cohabited with the other and both lived

together as husband and wife;

(2) That either party was of unsound mind, unless such

party after coming to reason, freely cohabited with the

other as husband and wife;

(3) That the consent of either party was obtained by fraud,

unless such party afterwards, with full knowledge of the

facts constituting the fraud, freely cohabited with the

other as husband and wife;

(4) That the consent of either party was obtained by force,

intimidation or undue influence, unless the same having

disappeared or ceased, such party thereafter freely

cohabited with the other as husband and wife;

(5) That either party was physically incapable of

consummating the marriage with the other, and such

incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a

sexually-transmissible disease found to be serious and

appears to be incurable. (85a)

ARTICLE 46. Any of the following circumstances shall

constitute fraud referred to in Number 3 of the preceding

Article:

(1) Non-disclosure of a previous conviction by final

judgment of the other party of a crime involving moral

turpitude;

(2) Concealment by the wife of the fact that at the time of

the marriage, she was pregnant by a man other than her

husband;

(3) Concealment of sexually transmissible disease,

regardless of its nature, existing at the time of the

marriage; or

(4) Concealment of drug addiction, habitual alcoholism or

homosexuality or lesbianism existing at the time of the

marriage.

No other misrepresentation or deceit as to character,

health, rank, fortune or chastity shall constitute such

fraud as will give grounds for action for the annulment of

marriage. (86a)

ARTICLE 47. The action for annulment of marriage

must be filed by the following persons and within the

periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the

party whose parent or guardian did not give his or her

consent, within five years after attaining the age of

twenty-one, or by the parent or guardian or person

having legal charge of the minor, at any time before such

party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the

same spouse, who had no knowledge of the other's

insanity; or by any relative or guardian or person having

legal charge of the insane, at any time before the death of

either party, or by the insane spouse during a lucid

interval or after regaining sanity;

(3) For causes mentioned in number 3 of Articles 45, by

the injured party, within five years after the discovery of

the fraud;

(4) For causes mentioned in number 4 of Article 45, by

the injured party, within five years from the time the

force, intimidation or undue influence disappeared or

ceased;

(5) For causes mentioned in number 5 and 6 of Article 45,

by the injured party, within five years after the marriage.

(87a)

ARTICLE 48. In all cases of annulment or declaration of

absolute nullity of marriage, the Court shall order the

prosecuting attorney or fiscal assigned to it to appear on

behalf of the State to take steps to prevent collusion

between the parties and to take care that evidence is not

fabricated or suppressed.

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In the cases referred to in the preceding paragraph, no

judgment shall be based upon a stipulation of facts or

confession of judgment. (88a)

ARTICLE 49. During the pendency of the action and in

the absence of adequate provisions in a written

agreement between the spouses, the Court shall provide

for the support of the spouses and the custody and

support of their common children. The Court shall give

paramount consideration to the moral and material

welfare of said children and their choice of the parent

with whom they wish to remain as provided to in Title IX.

It shall also provide for appropriate visitation rights of the

other parent. (n)

ARTICLE 50. The effects provided for by paragraphs (2),

(3), (4) and (5) of Article 43 and by Article 44 shall also

apply in the proper cases to marriages which are declared

ab initio or annulled by final judgment under Articles 40

and 45.

The final judgment in such cases shall provide for the

liquidation, partition and distribution of the properties of

the spouses, the custody and support of the common

children, and the delivery of third presumptive legitimes,

unless such matters had been adjudicated in previous

judicial proceedings.

All creditors of the spouses as well as of the absolute

community or the conjugal partnership shall be notified

of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on

which it is situated, shall be adjudicated in accordance

with the provisions of Articles 102 and 129.

ARTICLE 51. In said partition, the value of the

presumptive legitimes of all common children, computed

as of the date of the final judgment of the trial court, shall

be delivered in cash, property or sound securities, unless

the parties, by mutual agreement judicially approved, had

already provided for such matters.

The children or their guardian or the trustee of their

property may ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein

prescribed shall in no way prejudice the ultimate

successional rights of the children accruing upon the

death of either of both of the parents; but the value of the

properties already received under the decree of

annulment or absolute nullity shall be considered as

advances on their legitime. (n)

ARTICLE 52. The judgment of annulment or of

absolute nullity of the marriage, the partition and

distribution of the properties of the spouses and the

delivery of the children's presumptive legitimes shall be

recorded in the appropriate civil registry and registries of

property; otherwise, the same shall not affect third

persons. (n)

ARTICLE 53. Either of the former spouses may marry

again after compliance with the requirements of the

immediately preceding Article; otherwise, the

subsequent marriage shall be null and void.

ARTICLE 54. Children conceived or born before the

judgment of annulment or absolute nullity of the

marriage under Article 36 has become final and

executory shall be considered legitimate. Children

conceived or born of the subsequent marriage under

Article 53 shall likewise be legitimate.

TITLE II LEGAL SEPARATION

ARTICLE 55. A petition for legal separation may be

filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct

directed against the petitioner, a common child, or a child

of the petitioner;

(2) Physical violence or moral pressure to compel the

petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the

petitioner, a common child, or a child of the petitioner, to

engage in prostitution, or connivance in such corruption

or inducement;

(4) Final judgment sentencing the respondent to

imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the

respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent

bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the

petitioner; or

(10) Abandonment of petitioner by respondent without

justifiable cause for more than one year.

For purposes of this Article, the term "child" shall include

a child by nature or by adoption. (9a)

ARTICLE 56. The petition for legal separation shall be

denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense

or act complained of;

(2) Where the aggrieved party has consented to the

commission of the offense or act complained of;

(3) Where there is connivance between the parties in the

commission of the offense or act constituting the ground

for legal separation;

(4) Where both parties have given ground for legal

separation;

(5) Where there is collusion between the parties to obtain

decree of legal separation; or

(6) Where the action is barred by prescription. (100a)

ARTICLE 57. An action for legal separation shall be

filed within five years from the time of the occurrence of

the cause. (102)

ARTICLE 58. An action for legal separation shall in no

case be tried before six months shall have elapsed since

the filing of the petition. (103)

ARTICLE 59. No legal separation may be decreed

unless the Court has taken steps toward the

reconciliation of the spouses and is fully satisfied, despite

such efforts, that reconciliation is highly improbable. (n)

ARTICLE 60. No decree of legal separation shall be

based upon a stipulation of facts or a confession of

judgment.

In any case, the Court shall order the prosecuting

attorney or fiscal assigned to it to take steps to prevent

collusion between the parties and to take care that the

evidence is not fabricated or suppressed. (101a)

ARTICLE 61. After the filing of the petition for legal

separation, the spouses shall be entitled to live separately

from each other.

The court, in the absence of a written agreement

between the spouses, shall designate either of them or a

third person to administer the absolute community or

conjugal partnership property. The administrator

appointed by the court shall have the same powers and

duties as those of a guardian under the Rules of Court.

(104a)

ARTICLE 62. During the pendency of the action for

legal separation, the provisions of Article 49 shall likewise

apply to the support of the spouses and the custody and

support of the common children. (105a)

ARTICLE 63. The decree of legal separation shall have

the following effects:

(1) The spouses shall be entitled to live separately from

each other, but the marriage bonds shall not be severed;

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(2) The absolute community or the conjugal partnership

shall be dissolved and liquidated but the offending

spouse shall have no right to any share of the net profits

earned by the absolute community or the conjugal

partnership, which shall be forfeited in accordance with

the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to

the innocent spouse, subject to the provisions of Article

213 of this Code; and

(4) The offending spouse shall be disqualified from

inheriting from the innocent spouse by intestate

succession. Moreover, provisions in favor of the offending

spouse made in the will of the innocent spouse shall be

revoked by operation of law. (106a)

ARTICLE 64. After the finality of the decree of legal

separation, the innocent spouse may revoke the

donations made by him or by her in favor of the offending

spouse, as well as the designation of the latter as

beneficiary in any insurance policy, even if such

designation be stipulated as irrevocable. The revocation

of the donations shall be recorded in the registries of

property in the places where the properties are located.

Alienations, liens and encumbrances registered in good

faith before the recording of the complaint for revocation

in the registries of property shall be respected. The

revocation of or change in the designation of the

insurance beneficiary shall take effect upon written

notification thereof to the insured.

The action to revoke the donation under this Article must

be brought within five years from the time the decree of

legal separation become final. (107a)

ARTICLE 65. If the spouses should reconcile, a

corresponding joint manifestation under oath duly

signed by them shall be filed with the court in the same

proceeding for legal separation. (n)

ARTICLE 66. The reconciliation referred to in the

preceding Articles shall have the following consequences:

(1) The legal separation proceedings, if still pending, shall

thereby be terminated at whatever stage; and

(2) The final decree of legal separation shall be set aside,

but the separation of property and any forfeiture of the

share of the guilty spouse already effected shall subsist,

unless the spouses agree to revive their former property

regime.

The court's order containing the foregoing shall be

recorded in the proper civil registries. (108a)

ARTICLE 67. The agreement to revive the former

property regime referred to in the preceding Article shall

be executed under oath and shall specify:

(1) The properties to be contributed anew to the restored

regime;

(2) Those to be retained as separated properties of each

spouse; and

(3) The names of all their known creditors, their addresses

and the amounts owing to each.

The agreement of revival and the motion for its approval

shall be filed with the court in the same proceeding for

legal separation, with copies of both furnished to the

creditors named therein. After due hearing, the court

shall, in its order, take measure to protect the interest of

creditors and such order shall be recorded in the proper

registries of properties.

The recording of the ordering in the registries of property

shall not prejudice any creditor not listed or not notified,

unless the debtor-spouse has sufficient separate

properties to satisfy the creditor's claim. (195a, 108a)

TITLE III RIGHTS AND OBLIGATIONS BETWEEN

HUSBAND AND WIFE

ARTICLE 68. The husband and wife are obliged to live

together, observe mutual love, respect and fidelity, and

render mutual help and support. (109a)

ARTICLE 69. The husband and wife shall fix the family

domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the

other if the latter should live abroad or there are other

valid and compelling reasons for the exemption. However,

such exemption shall not apply if the same is not

compatible with the solidarity of the family. (110a)

ARTICLE 70. The spouses are jointly responsible for the

support of the family. The expenses for such support and

other conjugal obligations shall be paid from the

community property and, in the absence thereof, from

the income or fruits of their separate properties. In case of

insufficiency or absence of said income or fruits, such

obligations shall be satisfied from the separate

properties. (111a)

ARTICLE 71. The management of the household shall

be the right and the duty of both spouses. The expenses

for such management shall be paid in accordance with

the provisions of Article 70. (115a)

ARTICLE 72. When one of the spouses neglects his or

her duties to the conjugal union or commits acts which

tend to bring danger, dishonor or injury to the other or to

the family, the aggrieved party may apply to the court for

relief. (116a)

ARTICLE 73. Either spouse may exercise any

legitimate profession, occupation, business or activity

without the consent of the other. The latter may object

only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether

or not:

(1) The objection is proper, and

(2) Benefit has accrued to the family prior to the objection

or thereafter. If the benefit accrued prior to the objection,

the resulting obligation shall be enforced against the

community property. If the benefit accrued thereafter,

such obligation shall be enforced against the separate

property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of

creditors who acted in good faith. (117a) (as amended by

RA 10572)

TITLE IV PROPERTY RELATIONS BETWEEN

HUSBAND AND WIFE

Chapter 1. General Provisions

ARTICLE 74. The property relationship between

husband and wife shall be governed in the following

order:

(1) By marriage settlements executed before the

marriage;

(2) By the provisions of this Code; and

(3) By the local custom. (118)

ARTICLE 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 a marriage settlement, or when the regime

agreed upon is void, the system of absolute community of

property as established in this Code shall govern. (119a)

ARTICLE 76. In order that any modification in the

marriage settlements may be valid, it must be made

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before the celebration of the marriage, subject to the

provisions of Articles 66, 67, 128, 135 and 136. (121)

ARTICLE 77. The marriage settlements and any

modification thereof shall be in writing, signed by the

parties and executed before the celebration of the

marriage. They shall not prejudice third persons unless

they are registered in the local civil registry where the

marriage contract is recorded as well as in the proper

registries of properties. (122a)

ARTICLE 78. A minor who according to law may

contract marriage may also execute his or her marriage

settlements, but they shall be valid only if the persons

designated in Article 14 to give consent to the marriage

are made parties to the agreement, subject to the

provisions of Title IX of this Code. (120a)

ARTICLE 79. For the validity of any marriage

settlement executed by a person upon whom a sentence

of civil interdiction has been pronounced or who is

subject to any other disability, it shall be indispensable for

the guardian appointed by a competent court to be

made a party thereto. (123a)

ARTICLE 80. In the absence of a contrary stipulation in

a marriage settlement, the property relations of the

spouses shall be governed by Philippine laws, regardless

of the place of the celebration of the marriage and their

residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts

affecting property not situated in the Philippines and

executed in the country where the property is located;

and

(3) With respect to the extrinsic validity of contracts

entered into in the Philippines but affecting property

situated in a foreign country whose laws require different

formalities for its extrinsic validity. (124a)

ARTICLE 81. Everything stipulated in the settlements

or contracts referred to in the preceding articles in

consideration of a future marriage, including donations

between the prospective spouses made therein, shall be

rendered void if the marriage does not take place.

However, stipulations that do not depend upon the

celebration of the marriages shall be valid. (125a)

Chapter 2. Donations by Reason of Marriage

ARTICLE 82. Donations by reason of marriage are

those which are made before its celebration, in

consideration of the same, and in favor of one or both of

the future spouses. (126)

ARTICLE 83. These donations are governed by the

rules on ordinary donations established in Title III of Book

III of the Civil Code, insofar as they are not modified by

the following articles. (127a)

ARTICLE 84. If the future spouses agree upon a

regime other than the absolute community of property,

they cannot donate to each other in their marriage

settlements more than one-fifth of their present property.

Any excess shall be considered void.

Donations of future property shall be governed by the

provisions on testamentary succession and the

formalities of wills. (130a)

ARTICLE 85. Donations by reason of marriage of

property subject to encumbrances shall be valid. In case

of foreclosure of the encumbrance and the property is

sold for less than the total amount of the obligation

secured, the donee shall not be liable for the deficiency. If

the property is sold for more than the total amount of

said obligation, the donee shall be entitled to the excess.

(131a)

ARTICLE 86. A donation by reason of marriage may be

revoked by the donor in the following cases:

(1) If the marriage is not celebrated or judicially declared

void ab initio except donations made in the marriage

settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of

the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted

in bad faith;

(4) Upon legal separation, the donee being the guilty

spouse;

(5) If it is with a resolutory condition and the condition is

complied with;

(6) When the donee has committed an act of ingratitude

as specified by the provisions of the Civil Code on

donations in general. (132a)

ARTICLE 87. Every donation or grant of gratuitous

advantage, direct or indirect, between the spouses during

the marriage shall be void, except moderate gifts which

the spouses may give each other on the occasion of any

family rejoicing. The prohibition shall also apply to

persons living together as husband and wife without a

valid marriage. (133a)

Chapter 3. System of Absolute Community

Section 1. General Provisions

ARTICLE 88. The absolute community of property

between spouses shall commence at the precise

moment that the marriage is celebrated. Any stipulation,

express or implied, for the commencement of the

community regime at any other time shall be void. (145a)

ARTICLE 89. No waiver of rights, shares and effects of

the absolute community of property during the marriage

can be made except in case of judicial separation of

property.

When the waiver takes place upon a judicial separation of

property, or after the marriage has been dissolved or

annulled, the same shall appear in a public instrument

and shall be recorded as provided in Article 77. The

creditors of the spouse who made such waiver may

petition the court to rescind the waiver to the extent of

the amount sufficient to cover the amount of their

credits. (146a)

ARTICLE 90. The provisions on co-ownership shall

apply to the absolute community of property between

the spouses in all matters not provided for in this Chapter.

(n)

Section 2. What Constitutes Community Property

ARTICLE 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 at

the time of the celebration of the marriage or acquired

thereafter. (197a)

ARTICLE 92. The following shall be excluded from the

community property:

(1) Property acquired during the marriage by gratuitous

title by either spouse, and the fruits as well as the income

thereof, if any, unless it is expressly provided by the donor,

testator or grantor that they shall form part of the

community property;

(2) Property for personal and exclusive use of either

spouse. However, jewelry shall form part of the

community property;

(3) Property acquired before the marriage by either

spouse who has legitimate descendants by a former

marriage, and the fruits as well as the income, if any, of

such property. (201a)

ARTICLE 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. (160)

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Section 3. Charges and Obligations of the Absolute

Community

ARTICLE 94. The absolute community of property shall

be liable for:

(1) The support of the spouses, their common children,

and legitimate children of either spouse; however, the

support of illegitimate children shall be governed by the

provisions of this Code on Support;

(2) All debts and obligations contracted during the

marriage by the designated administrator-spouse for the

benefit of the community, or by both spouses, or by one

spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse

without the consent of the other to the extent that the

family may have been benefited;

(4) All taxes, liens, charges and expenses, including major

or minor repairs, upon the community property;

(5) All taxes and expenses for mere preservation made

during marriage upon the separate property of either

spouse used by the family;

(6) Expenses to enable either spouse to commence or

complete a professional or vocational course, or other

activity for self-improvement;

(7) Antenuptial debts of either spouse insofar as they have

redounded to the benefit of the family;

(8) The value of what is donated or promised by both

spouses in favor of their common legitimate children for

the exclusive purpose of commencing or completing a

professional or vocational course or other activity for

self-improvement;

(9) Antenuptial debts of either spouse other than those

falling under paragraph (7) of this Article, the support of

illegitimate children of either spouse, and 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, the payment of

which shall be considered as advances to be deducted

from the share of the debtor-spouse upon liquidation of

the community; and

(10) Expenses of litigation between the spouses unless the

suit is found to be groundless.

If the community property is insufficient to cover the

foregoing liabilities, except those falling under paragraph

(9), the spouses shall be solidarily liable for the unpaid

balance with their separate properties. (161a, 162a, 163a,

202a-205a)

ARTICLE 95. Whatever may be lost during the

marriage in any game of chance, betting, sweepstakes, or

any other kind of gambling, whether permitted or

prohibited by law, shall be borne by the loser and shall

not be charged to the community but any winnings

therefrom shall form part of the community property.

(164a)

Section 4. Ownership, Administrative, Enjoyment and

Disposition of the Community Property

ARTICLE 96. The administration and enjoyment of the

community property shall belong to both spouses jointly.

In case of disagreement, the husband's decision shall

prevail, subject to recourse to the court by the wife for

proper remedy, which must be availed of within five years

from the date of the contract implementing such

decision.

In the event that one spouse is incapacitated or otherwise

unable to participate in the administration of the

common properties, the other spouse may assume sole

powers of administration. These powers do not include

disposition or encumbrance without authority of the

court or the written consent of the other spouse. In the

absence of such authority or consent, the disposition or

encumbrance shall be void. However, the transaction

shall be construed as a continuing offer on the part of the

consenting spouse and the third person, and may be

perfected as a binding contract upon the acceptance by

the other spouse or authorization by the court before the

offer is withdrawn by either or both offerors. (206a)

ARTICLE 97. Either spouse may dispose by will of his

or her interest in the community property. (n)

ARTICLE 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 or on occasions of family rejoicing or

family distress. (n)

Section 5. Dissolution of Absolute Community Regime

ARTICLE 99. The absolute community terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the

marriage under Article 134 to 138. (175a)

ARTICLE 100. The separation in fact between husband

and wife shall not affect the regime of absolute

community except that:

(1) The spouse who leaves the conjugal home or refuses to

live therein, without just cause, shall not have the right to

be supported;

(2) When the consent of one spouse to any transaction of

the other is required by law, judicial authorization shall be

obtained in a summary proceeding;

(3) In the absence of sufficient community property, the

separate property of both spouses shall be solidarily liable

for the support of the family. The spouse present shall,

upon proper petition in a summary proceeding, be given

judicial authority to administer or encumber any specific

separate property of the other spouse and use the fruits

or proceeds thereof to satisfy the latter's share. (178a)

ARTICLE 101. If a spouse without just cause abandons the

other or fails to comply with his or her obligations to the

family, the aggrieved spouse may petition the court for

receivership, for judicial separation of property or for

authority to be the sole administrator of the absolute

community, subject to such precautionary conditions as

the court may impose.

The obligations to the family mentioned in the preceding

paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when

her or she has left the conjugal dwelling without

intention of returning. The spouse who has left the

conjugal dwelling for a period of three months or has

failed within the same period to give any information as

to his or her whereabouts shall be prima facie presumed

to have no intention of returning to the conjugal dwelling.

(178a)

Section 6. Liquidation of the Absolute Community Assets

and Liabilities

ARTICLE 102. Upon dissolution of the absolute

community regime, the following procedure shall apply:

(1) An inventory shall be prepared, listing separately all the

properties of the absolute community and the exclusive

properties of each spouse.

(2) The debts and obligations of the absolute community

shall be paid out of its assets. In case of insufficiency of

said assets, the spouses shall be solidarily liable for the

unpaid balance with their separate properties in

accordance with the provisions of the second paragraph

of Article 94.

(3) Whatever remains of the exclusive properties of the

spouses shall thereafter be delivered to each of them.

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(4) The net remainder of the properties of the absolute

community shall constitute its net assets, which shall be

divided equally between husband and wife, unless a

different proportion or division was agreed upon in the

marriage settlements, or unless there has been a

voluntary waiver of such share provided in this Code. For

purpose of computing the net profits subject to forfeiture

in accordance with Articles 43, No. (2) and 63, No. (2), the

said profits shall be the increase in value between the

market value of the community property at the time of

the celebration of the marriage and the market value at

the time of its dissolution.

(5) The presumptive legitimes of the common children

shall be delivered upon partition, in accordance with