Article 198 Title VI, Chapter 6 of the Civil Code of the Philippines

Article 198: In case the future spouses agree in the marriage settlements that the system of absolute community shall govern their property relations during marriage, the following provisions shall be of supplementary application.

 

EXPLANATION: 

                What is the system of absolute community?

                 This is one of the regimes or systems of property relations between the spouses and the default system in the absence of a prenuptial agreement or when the agreed system is null and void. 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.

                  In a nutshell, the husband and the wife are considered as 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 (listed below). The rules on co-ownership applies in all matters not provided under the Family Code.

                 MARRIAGE SETTLEMENT. An agreement made by the parties in contemplation of marriage by which the title to certain property is changed, and the property to some extent becomes tied up, and is rendered inalienable.

                It is clearly stated that when the spouses agree in marriage settlement the property relations between husband and wife shall be governed through the system of absolute community the following articles should be followed.