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.
Questions about this provision
Related provisions
- Article 140 — protection of creditors' previously acquired rights.
- Article 136 — the joint petition for voluntary dissolution.
Cases citing this article
- Jose Lam vs. Adriana Chua, G.R. No. 131286, March 18, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.