QuestionsQuestions (Republic Act No. 10572)
RA 10572 establishes the liability of the absolute community of property or conjugal partnership for an obligation incurred by a spouse who practices a profession and for situations where a spouse can dispose of an exclusive property without the consent of the other. It amends Articles 73 and 111 of Executive Order No. 209 (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 objecting spouse may object only on valid, serious, and moral grounds.
The court decides: (1) whether the objection is proper, and (2) whether the benefit has accrued to the family prior to or after the objection.
If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property (i.e., the absolute community or conjugal partnership property, as applicable).
If the benefit accrued thereafter, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.
The provisions on objections and enforcement shall not prejudice the rights of creditors who acted in good faith.
Either spouse may mortgage, encumber, alienate, or otherwise dispose of his or her exclusive property.
No. Amended Article 111 provides that each spouse may dispose of his or her exclusive property without the consent of the other spouse.
For professions/businesses (Art. 73), the other spouse may object only on valid, serious, and moral grounds, and the court resolves disputes and allocates liability depending on timing of benefit. For disposition of exclusive property (Art. 111), consent of the other spouse is not required.
The practical consequence depends on when the benefit accrued to the family: prior to objection → community property; after objection → separate property of the non-consenting spouse.
It refers to whether the family effectively received or benefited from the spouse’s profession/business (e.g., earnings or advantages). The timing (before vs. after objection) determines whether liability falls on community property or on the separate property of the spouse who proceeded without consent.
Art. 73 addresses whether the other spouse can object to the spouse’s professional/business activity and how obligations are charged based on timing of family benefit. Art. 111 deals with the independent power of each spouse to dispose of his/her exclusive property regardless of the other spouse’s consent.
It repeals, modifies, or amends any law, presidential decree, issuance, executive order, letter of instruction, administrative order, rule, or regulation that is contrary to or inconsistent with RA 10572.
It takes effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
It allows a spouse to exercise legitimate professions without unnecessary consent barriers, permits objections on serious grounds, allocates liability to either community or separate property depending on family benefit timing, and expressly protects creditors who acted in good faith.