Section 5:

Dissolution of Absolute Community Regime

(The Family Code of the Philippines)

Article 99

The absolute community terminates:

  1. Upon the death of either spouse;
  2. When there is a decree of legal separation;
  3. When the marriage is annulled or declared void; or(4) In case of judicial separation of property during the marriage under Articles 134 to 138.  (175a)
Article 100

The separation in fact between husband and wife shall not affect the regime of absolute community except that:

  1. The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
  2. When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding;
  3. In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family.  The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share.  (178a)
Article 101

If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning.  The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.  (178a)

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