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Family Code of the Philippines

/ 03:24 AM October 15, 2016

The Family Code of the Philippines (Executive Order no. 209) was signed into law by then President Corazon Aquino on July 6, 1987.

The basic law covering persons and family relations governs marriages, legal separations, property relations between spouses, and parental authority, among others.

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Articles 96 and 124 of the Family Code discuss conjugal property.

They specify, among others, that the administration of community property belongs 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.

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“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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.”

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