Report no 10 - Article 96 of the FAMILY CODE OF THE PHILIPPINES

FAMILY CODE of the PHILIPPINES

Title IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Section 4. ARTICLE 96

Reported by:

Mary Grace De Lumban

Joy G. De Loyola

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 the powers of disposition or encumbrance without authority of the court or the written consent of the 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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.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)

RULES ON JOINT ADMINISTRATION

Unlike in the Civil Code, the Family Code now provides for a joint administration and enjoyment of the community property by the husband and wife. Under the Civil Code, it was the husband who was the administrator of the conjugal partnership property.

In spite of joint administration of the community property by the husband and wife, the husband’s decision prevails in case of disagreement. The wife, however, has a remedy against such decision, for she can question it in court within five (5) years from the date of the contract implementing such decision. After that period, the action shall prescribe.

WHEN A SPOUSE MAY ASSUME SOLE POWER OF ADMINISTRATION.

There are instances when one spouse may assume sole powers of administration as when:

(a)one spouse is incapacitated; or

(b)one spouse is unable to participate in the administration of the common property.

Such power as administrator, however, does not include the power to sell properties of the community property. For such administrator-spouse to validly sell properties of the community property, there must be an authorization from the court or the written consent of the other spouse.

Reference:

Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines.