Explanation:
Article 103 of the Family Code of the Philippines on the Revised Edition of 2009, states that “ Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra- judicially within one year from the death of the deceased spouse. If upon the lapse of one-year period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Explanation:
It is for the good of all the members of the family and their creditors to have the estate of the deceased spouse settled and liquidated, either judicially or extrajudicially.
If no liquidation is made within the one- year period counted from death of the deceased spouse, the above provision in effect prohibits disposition or encumbrance of the community property of the terminated marriage. After the one- year period, liquidation can still proceed in accordance with law and in such a situation, disposition can be made in the course of or pursuant to liquidation.
The last paragraph ordaining a complete separation of property for the subsequent marriage is to prevent undue incursions by the new spouse into the community property of the previous marriage to the prejudice of the common children or heirs of the deceased spouse. It is a provision designed to do away with unjust enrichment possibly in connivance with the widow or widower of the deceased spouse.
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