Text of the provision

Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides.

(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 petition goes to the Family Court where one exists (today established under R.A. 8369), and otherwise to the Regional Trial Court (or its equivalent) sitting where either spouse resides — giving the petitioner a convenient venue.

Jurisdiction is exercised only "upon proof of notice to the other spouse." Even in a summary proceeding, the absent or non-consenting spouse must first be notified — a due-process floor before the court may act.

Related provisions

Cases interpreting this article

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.