Question & AnswerQ&A (Republic Act No. 10572)
Republic Act No. 10572 establishes the liability of the absolute community or conjugal partnership for an obligation of a spouse practicing a profession and the capability of either spouse to dispose of exclusive property without the consent of the other spouse, amending Articles 73 and 111 of the Family Code of the Philippines.
Yes, either spouse may exercise any legitimate profession, occupation, business, or activity without the consent of the other spouse.
The other spouse may object only on valid, serious, and moral grounds.
The court shall decide whether the objection is proper and whether benefit has accrued to the family prior or after the objection.
If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property.
If the benefit accrued after the objection, the obligation shall be enforced against the separate property of the spouse who has not obtained consent.
No, the provisions do not prejudice the rights of creditors who acted in good faith.
Yes, either spouse may mortgage, encumber, alienate, or otherwise dispose of his or her exclusive property without the consent of the other spouse.
The Separability Clause ensures that if any provision or part of the Act is held invalid or unconstitutional, the remainder of the law remains valid and subsisting.
RA 10572 took effect fifteen (15) days after its publication in at least two newspapers of general circulation.