Text of the provision
Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority.
(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
This opens the Family Code's own set of fast-track ("summary") court procedures. It marks out where they apply: separation in fact between spouses, abandonment of one spouse by the other, and incidents involving parental authority.
These matters often need a quick judicial answer — authority to transact, to administer property, to protect a child — so the Code prescribes a streamlined process rather than a full-blown trial. The rules apply "until modified by the Supreme Court," which retains rule-making power over procedure.
Related provisions
- Article 239 — the summary petition where a spouse's consent is withheld.
- Article 100 and Article 127 — the substantive separation-in-fact rules invoked through this procedure.
Cases interpreting this article
- Authorities on Article 238 will be added here as each is verified against primary sources.