DONATED PROPERTY NOT NECESSARILY PART OF ABSOLUTE COMMUNITY

Dear PAO,

My aunt has a property in Zambales and she wants to donate it to me because she has no spouse
or children of her own and she is already in the twilight of her years. Her only concern is that
she does not want that property to be part of my and my husband’s absolute community property.
So I just want to know if my aunt will donate her property to me, will it necessarily form part of
our absolute community property? Please advise me on this matter.

Kai

Dear Kai,

One of the incidences of marriage is the creation of a property regime between husband and
wife. The parties to a marriage may agree prior to the marriage on the type of property regime
that shall govern them. But in the absence of a marriage settlement, or when the regime that the
spouses have agreed upon is void, they shall be governed by the system of absolute community
of property (Article 75, Family Code of the Philippines).

You mentioned that you and your husband are under the regime of absolute community property.
Corollary, the rules provided under Chapter 3, Title IV of the Family Code relating to the System
of Absolute Community govern. Accordingly, all the properties that you and your husband
acquire during your marriage shall form part of your absolute community of property, except
those properties that have been donated to either of you as those belong to your respective
exclusive property unless the donor expressly states that the subject property will form part of
the community property. This is explicitly provided under Articles 91 and 92 of the said law:

“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.

Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as
well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor
that they shall form part of the community property; x x x”
Correspondingly, your aunt’s property will not necessarily form part of your and your husband’s
absolute community of property upon the donation thereof in your favor, unless your aunt
specifically provides in the deed of donation that the said property will form part of your
community of property.