Text of the provision
Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.
(165a)
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
The conjugal partnership is run by both spouses jointly. The article still says that in case of disagreement "the husband's decision shall prevail," with the wife able to go to court within five years — a preference the Supreme Court has since had to read against the constitutional guarantee of equality; treat that clause with care.
The load-bearing rule today is the last part: one spouse may take over administration if the other is incapacitated, but administration is not the power to sell or mortgage. Any disposition or encumbrance of conjugal property without the other spouse's written consent or court authority is VOID. The law softens this only by treating the flawed deal as a continuing offer that can still ripen into a contract if the other spouse later accepts (or the court authorizes) before it is withdrawn.
Questions about this provision
Related provisions
- Article 96 — the parallel administration rule for the absolute community of property.
- Article 125 — donations of conjugal property require the other spouse's consent.
Cases citing this article
- Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
- Sps. Rex and Concepcion Aggabao vs. Dionisio Z. Parulan, Jr. and Ma. Elena Parulan, G.R. No. 165803, September 1, 2010 — read the decision on LawPhil →
- Homeowners Savings & Loan Bank vs. Miguela C. Dailo, G.R. No. 153802, March 11, 2005 — read the decision on LawPhil →
- Jose and Glenda Uy, et al vs. Court of Appeals, et al, G.R. No. 109557, November 29, 2000 — read the decision on LawPhil →
- The Commner Lending Corporation vs. Rafael Balandra, G.R. No. 247646, March 29, 2023 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.