Text of the provision

Art. 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible.

(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

If the spouse whose consent is being sought does not appear at the conference, the court does not simply move on. It must inquire into why they failed to appear and require their appearance if that is possible.

The step reflects the law's caution: judicial authorization will substitute for a spouse's consent, so the court first makes a genuine effort to hear that spouse before proceeding without them.

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.