Section 4:

Ownership, Administrative, Enjoyment and Disposition of the Community Property

(The Family Code of the Philippines)

Article 96

The administration and enjoyment of the community property 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 common 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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.  (206a)

Article 97

Either spouse may dispose by will of his or her interest in the community property.  (n)

Article 98

Neither spouse may donate any community property without the consent of the other.  However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress.  (n)

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