Text of the provision
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.
(160)
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
A one-sentence rule with enormous practical weight: property acquired during the marriage is presumed to belong to the community. The burden is on whoever claims a thing is separate to prove it falls within an Article 92 exclusion. Mere registration of a title in one spouse's name does not, by itself, rebut the presumption.
This is the default that decides most property disputes in an absolute-community marriage: absent clear proof of exclusion, it is shared.
Related provisions
- Article 91 — what the community consists of.
- Article 92 — the exclusions a claimant must prove to overcome this presumption.
Cases interpreting this article
- The leading authorities on the Article 93 community-property presumption (and what rebuts it) will be added here as each is verified against primary sources.