Dear PAO,
My husband and I got married last 2022. I understand that our property regime is governed by the absolute community of property, but I just need some clarification. When my mother died last month, I inherited a one hectare parcel of land. Will this be included in our community of property?
-Grande
Dear Grande,
No, the property you inherited shall not form part of the community property created by your marriage.
It is settled that, as a general rule, absolute community of property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. According to Article 93 of the Family Code of the Philippines, "property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom." (Santos et al., vs. Santos, G.R. No. 250774, June 26, 2021, Ponente: Associate Justice Rosmari D. Carandang)
Article 92 of the Family Code of the Philippines enumerates the exceptions to the stated general rule, viz.:
“Article 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;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.” (Emphasis supplied)
These exceptions were discussed in Nobleza vs. Nuega, G.R. No. 193038, March 11, 2015, penned by Associate Justice Martin S. Villarama, Jr., where the Supreme Court ruled that:
“When a couple enters into a regime of absolute community, the husband and the wife becomes joint owners of all the properties of the marriage. Whatever property each spouse brings into the marriage, and those acquired during the marriage (except those excluded under Article 92 of the Family Code) form the common mass of the couple's properties”
In your case, it is established that the transmission of the one-hectare property was done by gratuitous title, as it is acquired through inheritance. Thus, as an exception to the rule, said property shall be your exclusive property as the spouse-heir. Without any directive from the testator (your mother), such inheritance cannot be presumed to be included in your community property with your husband.
We hope that we were able to answer your queries. Please be reminded that 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.
We appreciate your trust and support.
