P-Noy signs law amending Family Code

MANILA, Philippines - President Aquino has signed into law a bill amending Executive Order 209, the Family Code of the Philippines, to establish the liability of absolute community or conjugal partnership for the obligation of a spouse practicing a profession and the capability of either spouse to dispose of exclusive property.

Deputy presidential spokesperson Abigail Valte said Republic Act 10572 amends Articles 73 and 111 of the Family Code to designate the courts to determine the basis for any objection between spouses in exercising any legitimate occupation, business or activity and to discern whether any benefit from this exercise should accrue against community property or separate property; and allow either spouse to mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.

“So the spouse does not need the consent of her partner in practicing a legitimate occupation or profession,” she said.

“But in cases of disagreement, the court can step in and decide if there is basis to the objection of the spouse,” she said.

“Now, if the family benefits from the proceeds of that occupation or profession that is being objected to, then they can charge the benefit to the community property. If the spouse did not object but benefited first then objected later, then it should be charged to the separate property of the spouse,” she added.