Text of the provision

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.

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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 article does not lay down a single rule for retirement pay, pensions, annuities, gratuities, usufructs and the like. Instead it tells you which existing rule to apply: look at how the benefit was acquired.

If a benefit was earned by work or contributions during the marriage (an onerous acquisition), it is treated as conjugal to that extent. If it came gratuitously — a pure gift or gratuity — it follows the rules for exclusive property. Each benefit is classified on its own facts, "as may be proper in each case."

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.