Text of the provision

Art. 139. The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property.

(193a)

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 change this important cannot stay private. Both the petition for separation of property and the final judgment granting it must be recorded — in the local civil registry and in the registry of property.

Registration makes the new property regime binding on third parties. Anyone dealing with either spouse — buyers, lenders, creditors — can discover from the public record that the spouses' property is now separate, so they are charged with notice of it.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.