Exclusions from the absolute community of property and conjugal partnership of gains

Getting married, Congratulations! We explain the exclusions under the Absolute Community of Property and the Conjugal Partnership of Gains. Knowing these differences will help you make a decision in choosing the right property regime for you.

Under the Family Code of the Philippines, there are property regimes such as:

(1) Absolute Community of Property;

(2) Conjugal Partnership of Gains; and

(3) Complete Separation of Property.

Absolute Community Property (ACP) is the default property regime for couples married without marriage settlement (or a prenuptial agreement) on or after August 3, 1988, which is the date of effectivity of the Family Code. It includes all the properties owned by either spouse before the marriage and all the properties acquired during the marriage which are not otherwise excluded. (Article 91, Family Code) Properties falling under the ACP are owned by the spouses in common regardless of whose name appears on the title or who paid for it.

On the other hand, in the Conjugal Partnership of Gains (CPG) regime, each spouse retains ownership of the property they brought into the marriage, but the income or fruits from these properties and all assets acquired during the marriage are jointly owned. (Article 106, Ibid.) Essentially, the spouses share the gains or profits acquired during the marriage under the CPG regime. The CPG can only apply if the spouses agree to it in a marriage settlement or pre-nuptial agreement before marriage. (Article 105, Family Code)

Regarding the exclusions from the ACP and the CPG, these are stated in the Family Code of the Philippines, specifically under Articles 92 and 109 of the said law, respectively.

Under Article 92 of the Family Code of the Philippines, the following shall be excluded from the ACP:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.

On the other hand, the following shall be excluded from the CPG under Article 109 of the said law:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.” We hope that we were able to answer your queries.

Source: Ziggurat Real Estate

Pay for Good Service or Complain About Bad Service

In the Philippines, buying or selling property is one of the biggest financial decisions anyone can make. It’s not just about money—it’s about security, stability, and peace of mind for you and your family. Yet, many people still take shortcuts by dealing with unlicensed or “colorum” real estate agents, thinking they’ll save a few pesos in commission.

What they don’t realize is that this shortcut often leads straight into problems far costlier than the professional fee of a licensed broker.

Licensed real estate brokers are regulated by the Professional Regulation Commission (PRC) and are bound by a strict code of ethics. They undergo years of education, training, and board examinations to ensure that they can guide clients through the complex process of property transactions. From verifying land titles to ensuring fair market valuation, licensed brokers protect you from fraud, overpricing, and legal complications.

On the other hand, “colorums” often lack the training, accountability, and legal responsibility. They may promise cheaper deals, but at what cost? Many buyers who trusted unlicensed agents have ended up with fake titles, double-selling issues, or properties entangled in legal disputes. Sellers too, risk being underpaid or trapped in contracts that don’t serve their best interests.

The reality is simple: you either pay for good service upfront, or you end up paying more later while complaining about bad service. Just like hiring a licensed doctor when you’re sick or a licensed engineer to build your home, you should only trust a licensed real estate broker when it comes to buying or selling property.

Working with a licensed broker means you’re not just paying for paperwork—you’re paying for peace of mind, professional expertise, and the assurance that your hard-earned money is protected.

✅ Protect your investment. Work only with a licensed real estate broker.

You can verify if your broker is licensed by checking the official PRC database or asking to see their PRC ID and accreditation. Don’t gamble with your family’s future—deal only with professionals who are qualified, accountable, and legally recognized.

Source: Ziggurat Real Estate

F&B tenants drive the next wave of retail development

The Philippine retail sector is on the upswing, with the food and beverage (F&B) sector driving the charge.

At present, revenues from F&B retailers have already exceeded pre-pandemic levels by 11 percent, outperforming other categories and solidifying the sector’s role as a key anchor in retail real estate recovery.

This resurgence is reshaping leasing strategies, guiding mall design, and influencing expansion priorities among both local and international brands.

Surpassing pre-pandemic performance

Based on our latest research, the country’s top three mall operators recorded a 19 percent increase in overall revenues compared to 2019.

Leading that growth is the F&B segment, which has not only bounced back but emerged as a core driver of mall traffic and tenant performance. This growth reflects the return of discretionary consumer spending and the cultural significance of dining out in the Philippines.

As more Filipinos seek out shared experiences in public spaces, F&B concepts have become critical to reactivating foot traffic and increasing dwell time.

Experience-driven demand

Unlike other retail categories that continue to shift toward e-commerce, F&B thrives on in-person experiences.

Restaurants, cafés, dessert shops, and quick-service formats benefit from their ability to create atmosphere, community interaction, and lifestyle value that cannot be replicated online.

This dynamic made F&B tenants essential in newly designed malls and mixed-use developments, which increasingly prioritize open air dining, lifestyle zones, and community integration. The demand for experiential retail has also contributed to higher lease absorption in prime malls and neighborhood retail centers.

Strategic expansion across growth areas

As of the first quarter of 2025, there are 105 new malls under development across the Philippines, many of which include expanded F&B provisions in their design and tenant mix.

While Metro Manila remains a key target for flagship dining brands, developers are actively integrating food-centric zones into new projects in Central Luzon, Calabarzon, Visayas, and Davao.

These regions are witnessing rising population density, improved road infrastructure, and growing consumer demand—all of which support sustained F&B activity. Retailers are responding with aggressive site acquisition strategies in regional malls, townships, and transport-oriented developments.

The demand for experiential retail has also contributed to higher lease absorption in prime malls and neighborhood retail centers.

Leasing implications

F&B’s dominance has altered how developers and landlords approach leasing.

Retail centers now prioritize food clusters, allocate prime frontage to dining concepts, and offer flexible fit-out terms to attract high performing tenants.

This has created competitive leasing conditions, particularly for brands with strong concepts and proven track records. Landlords are becoming more selective, seeking operators who can deliver consistent foot traffic and align with the broader vision of next generation retail environments.

What’s ahead for F&B retail growth

As the Philippine retail sector continues to recover and evolve, F&B will remain a cornerstone of growth. Its ability to combine experience, social interaction, and consumer loyalty makes it one of the most resilient and adaptive segments in the market.

Given the robust mall pipeline and sustained demand for dining experiences, the appetite for F&B real estate is only expected to grow.

For F&B operators planning to expand, working with a knowledgeable property consultant can provide critical support—from identifying high-traffic locations and evaluating mall pipelines to securing lease terms that fit both operational needs and long-term brand strategy.

In a competitive and fast moving retail environment, informed guidance can help businesses grow with confidence.

Source: Inquirer