Text of the provision
Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors.
(194a)
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 creditor-protection backstop for the whole chapter. A separation of property — whether voluntary or for cause — cannot wipe out rights that creditors already held before it happened.
A creditor who could reach the community or partnership, or a particular property, keeps that right despite the new regime. Together with the notice rules in Article 136 and the registration required by Article 139, it ensures spouses cannot use a separation of property to defeat the people they already owed.
Related provisions
- Article 136 — listing and notifying creditors in the petition.
- Article 139 — recording that binds third parties.
Cases interpreting this article
- Authorities on Article 140 will be added here as each is verified against primary sources.