[REPUBLIC ACT NO. 10572]
AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows:
“Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.
“In case of disagreement, the court shall decide whether or not:
“(1) The objection is proper, and
“(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.
“The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.”
SEC. 2. Article 111 of the Family Code, as amended, is hereby further amended to read as follows:
“Art. 111. Either spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.”
SEC. 3. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 4. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILEPresident of the Senate | (Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives |
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on September 20, 2012 and January 30, 2013, respectively.
(Sgd.) EMMA LIRIO-REYESSecretary of the Senate | (Sgd.) MARILYN B. BARUA-YAPSecretary General House of Representatives |
Approved: MAY 24 2013
(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines
