Text of the provision
Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.
(n)
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
Ordinarily each spouse manages their own exclusive property (Article 110). But when one spouse cannot or should not manage their own, the court may transfer administration of all their exclusive property to the other spouse — in four situations: one becomes the guardian of the other, one is declared an absentee, one is under civil interdiction, or one is a fugitive or in hiding as a criminal accused.
The transfer is not automatic to the spouse. If that spouse is unfit — incompetent, in a conflict of interest, or for any other just cause — the court instead appoints a suitable third person as administrator.
Related provisions
- Article 110 — the default rule that each spouse administers their own exclusive property.
- Article 124 — sole administration of common property when a spouse cannot participate.
Cases interpreting this article
- Authorities on Article 142 will be added here as each is verified against primary sources.