Text of the provision
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.
(197a)
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 the heart of the absolute community regime, and the answer to a question spouses ask constantly: what counts as "our" property? The default is sweeping — the community consists of everything each spouse already owned at the wedding, plus everything acquired afterward. Property you brought into the marriage generally becomes community property, not just what you earn during it. That is what makes it "absolute."
The opening clause — "Unless otherwise provided in this Chapter or in the marriage settlements" — flags the two ways out: specific exclusions the Chapter itself lists (for example, certain property acquired by gratuitous title), and a prenuptial agreement choosing a different regime. Absent those, the pool is total.
Related provisions
- Article 88 — the moment the community begins.
- Article 75 — choosing a different regime by settlement.
Cases interpreting this article
- The leading authorities on what falls into the absolute community under Article 91 will be added here as each is verified against primary sources.