Text of the provision

Art. 95. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property.

(164a)

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 rule is pointedly one-sided, and deliberately so. Gambling losses are the loser's own burden — they cannot be charged to the community property — but gambling winnings belong to the community. This holds whether the gambling was legal or illegal.

The asymmetry protects the innocent spouse and the family fund: a spouse's habit cannot drain the shared assets, yet any windfall still benefits the household. It is a small provision with a clear moral logic.

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.