Text of the provision
Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.
(n)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
A spouse may hand the administration of their exclusive property to the other (see Article 110). If the owner then sells or otherwise disposes of that property, this article says two things happen automatically: the other spouse's authority to manage it ends, and the money from the sale belongs to the owner-spouse, who must be given it.
In short, ownership always trumps a delegated management arrangement. The administrator was never the owner, so once the thing is gone the administration is spent and the proceeds follow the property's true owner.
Related provisions
- Article 110 — how administration of exclusive property may be transferred.
- Article 111 — a spouse's free power to dispose of exclusive property.
Cases interpreting this article
- Authorities on Article 112 will be added here as each is verified against primary sources.