Text of the provision
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property.
(191a)
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
When only one spouse wants out of the shared property regime, they must prove one of six sufficient causes:
- The other spouse is sentenced to a penalty carrying civil interdiction;
- the other spouse is judicially declared an absentee;
- the other spouse has lost parental authority by court decree;
- the other spouse has abandoned the petitioner or failed the family's obligations (Article 101);
- a spouse given the power of administration abused it; or
- the spouses have been separated in fact for at least one year with reconciliation highly improbable.
For the first three — interdiction, absence, loss of parental authority — the final judgment itself is enough to obtain the decree; the petitioner need not prove anything more.
Related provisions
- Article 134 — separation of property requires a judicial order.
- Article 101 — the abandonment and family-obligation standard referenced in cause (4).
Cases interpreting this article
- Authorities on Article 135 will be added here as each is verified against primary sources.