Text of the provision
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest.
(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
This is the voluntary route referenced in Article 134. Both spouses, acting together, may file a verified joint petition asking the court to dissolve the absolute community or conjugal partnership and separate their common property. No fault or "cause" is needed — agreement is enough.
The safeguard is for creditors. The petition must list every creditor — of the community/partnership and the spouses personally — and notify them, and the court must protect their interests. Spouses cannot use a friendly separation of property to escape the people they owe.
Related provisions
- Article 134 — the requirement of a judicial order.
- Article 140 — separation does not prejudice creditors' vested rights.
Cases interpreting this article
- Authorities on Article 136 will be added here as each is verified against primary sources.