Chapter 5: - Page 2 of 2

Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage

(The Family Code of the Philippines)

Article 141

The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances:

  1. When the civil interdiction terminates;
  2. When the absentee spouse reappears;
  3. When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration;
  4. When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other;
  5. When parental authority is judicially restored to the spouse previously deprived thereof;
  6. When the spouses who have separated in fact for at least one year, reconcile and resume common life; or
  7. When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the former property regime.  No voluntary separation of property may thereafter be granted.

The revival of the former property regime shall be governed by Article 67.  (195a)

Article 142

The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:

  1. When one spouse becomes the guardian of the other;
  2. When one spouse is judicially declared an absentee;
  3. When one spouse is sentenced to a penalty which carries with it civil interdiction; or
  4. When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.

If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.  (n)

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