Short answer. Yes. Article 141 of the Family Code lets spouses move, in the same proceeding where separation of property was decreed, for a decree reviving their former regime when the court is satisfied the spouse granted administration under the marriage settlements will not abuse that power again and authorizes resuming the administration.
What the law says
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
Family Code, Article 141 — Reviving the Former Property Regime. Read the full provision →
What the law says
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
Family Code, Article 141 — Reviving the Former Property Regime. Read the full provision →
What the law says
The revival of the former property regime shall be governed by Article 67.
Family Code, Article 141 — Reviving the Former Property Regime. Read the full provision →
The revival motion is filed in the same case
Article 141 lets you go back to your former property regime without starting a new proceeding. 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. The article then lists seven specific instances, one of which is the situation you describe.
The instance that matches your situation
The ground fits your description precisely: 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. The court has to be affirmatively satisfied that the abuse will not recur before it authorizes the administering spouse to resume that role, which is what triggers the ability to move for revival of the former regime.
Revival follows the process set out in Article 67
Article 141 does not leave the mechanics of revival to this article alone: The revival of the former property regime shall be governed by Article 67. Under Article 67, the agreement to revive the former regime must be executed under oath and specify the properties being contributed back to the restored regime, those to be kept as each spouse's separate property, and the names, addresses, and amounts owed to all known creditors.
Why creditors are part of the process
Article 67 requires the revival agreement and the motion for its approval to be filed in the same proceeding, with copies furnished to the named creditors, and after a hearing the court takes measures to protect their interests, recorded in the proper property registries. That protects people who extended credit while the property was separated, since reviving the regime changes what property stands behind existing debts.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- David A. Noveras vs. Leticia T. Noveras AM. No. P-06-2227 August 19, 2014 Office of the Court Administrator vs. Atty. Mario N. Melchor, Former Clerk of Court VI, RTC, Br. 16, Naval, Biliran (now Presiding Judge, MCTC, Calubian-San Isidro, Leyte), G.R. No. 188289, August 20, 2014 — read the decision on LawPhil →
Related provisions
- Family Code, Article 141 — Reviving the Former Property Regime
- Family Code, Article 67 — Reviving the Former Property Regime