Article 201 Title VI, Chapter 6 of the Civil Code of the Philippines

Article 201: The following shall be excluded from the community:

(1) Property acquired by gratuitous title by either spouse, when it is provided by the donor or testator that it shall not become a part of the community;

(2) Property inherited by either husband or wife through the death of a child by a former marriage, there being brothers or sisters of the full blood of the deceased child;

(3) A portion of the property of either spouse equivalent to the presumptive legitime of the children by a former marriage;

(4) Personal belongings of either spouse.

However, all the fruits and income of the foregoing classes of property shall be included in the community. 

EXPLANATION:

                     The properties excluded from the absolute community of property as above enumerated are separate properties of the spouses.

                There are no provisions that apply specifically to the so called paraphernal property of the wife ( as was true in the 1950 Civil Code) or to the capital of the husband. But, the provisions of Article 145, - first sentence (infra) under Chapter 6 (on regime separation of property) can apply with respect to the above properties. Thus, as stated in Article 145 of this Code;“Each spouses shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of consent of the other.” So also, Article 142 9infra) shall apply to separate properties of spouses who are under the regime of absolute community of property. Article 142 of this code states the instances when the administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse.

                In No.( 1 and 2) above, take note of  what is excluded refers to the property acquired gratuitously during the marriage indicating clearly that all properties acquired gratuitously by the spouses before the marriage shall belong to the absolute community of property unless otherwise stipulated in the marriage settlement. If the donor, testator or grantor who gave the property gratuitously to the spouse during the marriage expressly provides in the deed of donation, or in the will or in the deed of grant that the property donated, willed or granted should belong to the absolute community of property, then the property shall form part of the community including fruits thereof of income therefrom.  The words “donor, testator or grantor” and the words “gratuitously title.” These words do not cover those acquired by operation of law like those inherited as intestate shares.

                In No. (4), it seems obvious that what is for personal and exclusive use of the spouse should belong to him or her as they are his or her personal belongings( therefore, personal property0 like clothing, suitcase, books, etc. except  jewelry even he or she personally uses the same which shall belong to the absolute community of property. As already stated, jewelry here refers to the precious metals, stones, etc. which cost dearly or considerably.

                In No. (3) above, the property was acquired before the marriage (as his or her separate property or share in the property regime under the former marriage) which shall include the fruits and income of such property. It seems that for this property to be excluded as community property, the condition is that the spouse “has legitimate descendants by a former marriage” as otherwise; the said property shall form part of the absolute community of property, unless otherwise stipulated in the marriage.