Article 88 (SYSTEM OF ABSOLUTE COMMUNITY)

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)



EXPLANATION:


Absolute Community of Property

In this property regime, the husband and the wife are co-owners  of all properties they bring into the marriage (those that they owned before the marriage), as well as the properties acquired during the marriage, except for certain properties express excluded by law.

Commencement

This system commences at the precise moment that the marriage is celebrated, and any stipulation for the commencement of the community regime at any other time is void. This law omitted the annomalous situation in Article 145 of the Civil Code provided that the conjugal property with partnership shall commence precisely on the date of the celebration of marriage

What constitutes Absolute Community of Property?

Unless otherwise provided by law 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. Property acquired during the marriage is PRESUMED to belong to the community, unless it is proved that it is one of those excluded therefrom.

Alien married to Filipino

A Foreigner, whether individuals or corporations, have been disqualified from acquiring lands of the public domain. Hence, even if an alien is  married to a Filipino he/she cannot have any interest in the community of partnership consisting of real estate or land.

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