Text of the provision
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband.
(148a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
This is where the conjugal partnership of gains differs most sharply from the absolute community. Under CPG, each spouse keeps as exclusive: property brought into the marriage (1) — note the contrast with Article 91, where pre-marriage property joins the community; property received by gratuitous title (gift or inheritance) during the marriage (2); property acquired by redemption, barter or exchange using one spouse's own property (3); and anything bought with a spouse's exclusive money (4).
The logic runs through all four: exclusive property, and things that merely take its place, stay exclusive. Only the gains — income and fruits — go into the common fund.
Related provisions
- Article 106 — why capital stays separate and only gains are shared.
- Article 110 — each spouse's control over their exclusive property.
Cases interpreting this article
- Authorities on the Article 109 categories of exclusive property will be added here as each is verified against primary sources.