Short answer. Yes. Article 105 of the Family Code expressly states that this Chapter's provisions also apply to conjugal partnerships of gains already established before the Code took effect, without prejudice to vested rights already acquired under the Civil Code or other laws. So your parents' pre-existing conjugal partnership is covered.
What the law says
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws
Family Code, Article 105 — Conjugal Partnership of Gains: Application. Read the full provision →
What the law says
In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application
Family Code, Article 105 — Conjugal Partnership of Gains: Application. Read the full provision →
What Article 105 says about existing partnerships
Article 105 of the Family Code addresses exactly this situation: "The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws." A marriage that adopted conjugal partnership of gains before the Family Code took effect is not left under the old rules alone — this Chapter's provisions reach it too.
Vested rights from before are still protected
The same sentence carries a qualification worth noting: the Chapter's rules apply "without prejudice to vested rights already acquired in accordance with the Civil Code or other laws." Applying the new provisions going forward does not erase rights your parents already gained under the law that governed their partnership before the Family Code existed. The Chapter reaches their partnership from now on; it does not reach back and undo what had already vested.
The other situation this article covers
Article 105 opens with a different scenario: "In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application." That sentence is about couples marrying now who choose conjugal partnership of gains by agreement. Your parents did not need to make that choice under current rules — their partnership was already established before the Code existed, which is the second scenario the article separately addresses.
What this means for your parents' marriage
Applied directly to your situation, your parents' conjugal partnership of gains, established before the Family Code took effect, is covered by this Chapter going forward. Any specific rights they had already acquired under the law that applied at the time remain protected, but the day-to-day rules on how their conjugal partnership operates now come from this Chapter rather than being frozen under whatever governed it originally.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
- Heirs of Protacio Go and Marta Barola, namely: Leonor Go, et al. vs. Ester L. Servacio and Rito B. Go, G.R. No. 157537, September 7, 2011 — read the decision on LawPhil →
- Fatima B. Gonzales-asdala Vs Metropolitan Bank and Trust Company, G.R. No. 257982, February 22, 2023 — read the decision on LawPhil →
- Nicxon L. Perez, Jr. vs. Avegail Perez-Senerpida, assisted by her husband Mr. Senerprida, G.R. No. 233365, March 24, 2021 — read the decision on LawPhil →