Art. 123. Whatever may be lost during the marriage in any game of chance or in 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 conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. (164a)

This provision stipulates that the winnings can be considered as an income to the common property and to the separate property; therefore, it makes it a part of the conjugal partnership of gains. 


The conjugal partnership property must not be put to risk, hence, losses shall be borne to the loser only and shall not be chargeable to the conjugal partnership property. 


Gambling is never allowed by the law. In case of losses incurred by one of the spouses, he/she shall answer the same with his/her exclusive properties. This is to discourage it as it tends to dissipate or squander the properties of the family. If a spouse however wins, the winnings would form part of the of the absolute community of properties, because it is considered as earnings or properties acquired during the marriage. 


It pays to repeat that the purpose of the law is to punish the gambler-spouse, for gambling, as a rule, dissipates the community of properties.


References: 

Persons and Family Law by Professor Amparita Sta. Maria

https://ndvlaw.com/understanding-property-relations-between-husband-and-wife-in-the-philippines/

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