Text of the provision
Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action.
(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
The summary proceeding is meant to be quick and narrow — to grant or deny the specific authorization sought. To keep it that way, this article bars spouses from folding damage claims into it. Those must be brought in a separate ordinary action.
The only monetary matter the summary court handles is the costs of the proceedings themselves. Everything else waits for a proper trial where damages can be fully litigated.
Related provisions
- Article 239 — the summary petition this keeps focused.
- Article 238 — the scope of summary proceedings.
Cases interpreting this article
- Authorities on Article 240 will be added here as each is verified against primary sources.
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.