Dear PAO,

My husband and I got married in 2012. Throughout our marriage, we acquired several properties which were registered in our names, except for one property which he clandestinely registered in his name alone. He said that while the property was acquired during our marriage, he purchased it with his own money, and would want to reserve the said property for his only sibling after his death. I would like to know if I have a right over the property registered solely in his name.

Marie

Dear Marie,

Please be informed that Article 91 of Executive Order 209, series of 1987, otherwise known as the “The Family Code of the Philippines,” provides:

“Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.”

Further, in the case of Philippine National Bank vs Jose Garcia, et al. (GR 182839, 02 June 2014, Ponente: Associate Justice Arturo Brion), the Supreme Court ruled:

“Registration of a property alone in the name of one spouse does not destroy its conjugal nature. What is material is the time when the property was acquired. The registration of the property is not conclusive evidence of the exclusive ownership of the husband or the wife. Although the property appears to be registered in the name of the husband, it has the inherent character of conjugal property if it was acquired for valuable consideration during marriage.

“It retains its conjugal nature.

“In order to rebut the presumptive conjugal nature of the property, the petitioner must present strong, clear and convincing evidence of exclusive ownership of one of the spouses. The burden of proving that the property belongs exclusively to the wife or to the husband rests upon the party asserting it.” (Emphasis supplied, citations omitted)

Pursuant to the aforementioned provisions of the law, and considering that your marriage was celebrated after the effectivity of the Family Code, the property regime between spouses, as provided therein, applies. Verily, unless the spouses, before marriage, have agreed upon a marriage settlement in relation to their properties, all their properties acquired prior to, and during marriage, as well as their future acquisitions, shall form part of their absolute community property.

In this regard, and in accordance with the decision of the Supreme Court in the aforementioned case, the fact that the subject property was registered solely in the name of your husband is immaterial insofar as the nature of the property is concerned, more particularly, of it being part of your absolute community property.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]