Is your spouse's job legitimate? Court can decide
MANILA, Philippines - For those who have a job their spouse disapproves of, there's a new law that lets you keep on working without the consent of your husband or wife— provided it is a legitimate profession.
On Wednesday, May 29, Deputy Presidential Spokesperson Abigail Valte said President Benigno Aquino III signed Republic Act (RA) 10572, which effectively gives the court the power to decide whether there is basis to the objection of a spouse over his or her partner's profession, occupation, business or activity.
In the event the job is proven to be illegitimate, the law also allows the court to determine whether the benefits from the job or activity will be accrued against community property—shared by the couple—or separate property, owned only by the spouse whose occupation is the one being objected to.
Valte said spouses can object to professions or activities "only on various serious and moral grounds." She also clarified how wealth earned from the activity, if proven illegitimate, would be paid back to the court.
"If the family has benefitted from the proceeds of that occupation or profession that is being objected to, then the benefit can be charged to community property. But if there was no objection, then there was a benefit, and that was the only time there was an objection, then it should be charged to the separate property of the spouse," she said in a mix of Filipino and English.
Right over property
She said the amendment to a separate article now reads, "Either spouse may mortgage, encumber, alienate, or otherwise, dispose of his/her exclusive property without the consent of the other spouse and appear alone in court to litigate with regard to the same."
The older version only allowed this privilege for "a spouse of age."
The new law, known as an Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse who Practices a Profession and the Capability of Either Spouse to Dispose of an Exclusive Property, amends Articles 73 and 111 of the Family Code of the Philippines (FCP) or Executive Order No 209.
It is one of several laws recently signed by Aquino, in addition to R.A. 10562 to R.A. 10571, or laws creating new courts in Paniqui, Capas, Concepcion, Tarlac; Digos, Davao del Sur; Pasig; Urdaneta, Pangasinan; Antipolo, Rizal; Biñan, Laguna; Cebu City; and Bais, Negros Oriental.
He also signed RA 10574, an Act Allowing the Infusion of Foreign Equity and the Capital of Rural Banks. - Rappler.com