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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Title IV — Property Relations Between Husband and Wife

Article 94

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

The ACP is liable for: family expenses (food, education, health), debts incurred jointly or for the benefit of the family, and personal debts of either spouse if the community property benefited. Both spouses' individual properties can also be made liable if ACP assets are not enough.

Key point

Your family's debts come first from ACP funds. Creditors can reach community property for family expenses.

Official text — EO 209

The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support;

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;

(5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;

(6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;

(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family;

(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement;

(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and

(10) Expenses of litigation between the spouses unless the suit is found to be groundless.

If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)

Source: lawphil.net (EO 209 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.