COMMUNITY VS DONATED PROPERTY

Dear PAO,

My husband and I got married way back in July 2003, and we did not execute any marriage settlement
before our wedding day. In 2012, my husbands employer, Mrs. Fu, gave him a parcel of land in
Cabanatuan, Nueva Ecija through a Deed of Donation and Acceptance. Subsequently, a Certificate of
Title was issued in my husbands name. Last 2016, my husband and I were issued a Decree of Nullity
under Article 36 of the Family Code of the Philippines, and I was shocked to learn that the Cabanatuan
property was excluded from our community properties and was given only to my husband alone, unlike
the rest of conjugal properties. I find this absurd since almost all the rest of our properties were divided
equally. Is this correct? Thank you in advance.

Ava

Dear Ava,
Since you were married to your husband in 2003 without executing any marriage settlement, the Family
Code of the Philippines is controlling in your situation. In the absence of any marriage settlement, Article
75 of the Family Code states that the absolute community of property shall govern, thus:

Art. 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) [Underscoring supplied]

Considering that your property relations is the absolute community of property regime, Article 92 (1) of
the Family Code likewise provides that properties acquired by either spouse by gratuitous title during
the marriage, such as the donation which your husband received by donation in 2012, shall be excluded
from the community property, to wit:

Art. 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;

Since the Cabanatuan property was donated to your husband during your marriage (and to your
husband alone as title was issued only in his name), it remains to be his exclusive property and is not
considered part of your community property. Hence, the exclusion of the Cabanatuan property from the
community property is only but just and proper.