Short answer. Yes. Article 128 of the Family Code allows an abandoned spouse to petition the court for receivership, for judicial separation of property, or for authority to act as sole administrator of conjugal property. Abandonment without just cause triggers these remedies, subject to whatever precautionary conditions the court may impose.
What the law says
If a spouse without just cause abandons the other or fails to comply with his or her obligation 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 conjugal partnership property, subject to such precautionary conditions as the court may impose.
Family Code, Article 128 — Abandonment and Failure of Obligations. Read the full provision →
What the law allows when a spouse abandons without cause
Article 128 of the Family Code gives the abandoned spouse three alternative remedies to petition for: receivership, judicial separation of property, or authority to act as sole administrator of the conjugal partnership. The choice depends on what best protects the family's assets in your circumstances. Receivership means a court-appointed person manages the property. Sole administration authority means you manage it directly, under such conditions as the court sets. Judicial separation of property is a more permanent solution that formally divides what was jointly owned.
When is a spouse legally considered to have abandoned
Article 128 defines abandonment clearly. A spouse is deemed to have abandoned the other when they have left the conjugal dwelling without intention of returning. The law also creates a presumption: a spouse who has been gone for three months or who has failed within the same period to give any information as to their whereabouts is prima facie presumed to have no intention of returning. This presumption is rebuttable — the absent spouse could provide an explanation — but it gives you a concrete, time-based starting point for the petition.
The petition must be filed in court
These remedies are not self-executing. You must file a petition with the proper court and present evidence of the abandonment. The court will hear the matter and may impose precautionary conditions on any authority it grants you — conditions designed to protect the interests of both spouses and any children. The court may require you to account for how you manage conjugal assets, restrict certain transactions, or set bonds. Following the court's conditions is essential; acting beyond the scope of what the court authorized may create additional legal problems.
Obligations that qualify besides physical abandonment
Article 128 covers not just physical abandonment but also failure to comply with obligations to the family. These obligations include marital, parental, or property relations. A spouse who remains in the home but refuses to support the family, consistently neglects parental duties, or mismanages or wastes conjugal assets may also fall within the reach of this provision. The key is that the failure must be without just cause — a spouse who left because of genuine safety concerns or because of the other's own conduct is not in the same position as one who simply chose to walk away. Consult a lawyer to evaluate how the facts of your situation map onto these provisions.
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 →
- Imelda Relucio vs. Angelina Mejia Lopez, G.R. No. 138497, January 16, 2002 — read the decision on LawPhil →