Text of the provision

Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse.

(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

When, despite all efforts, the non-consenting spouse still cannot be brought in, the court is not paralyzed. It may proceed ex parte — that is, decide without that spouse's participation — and render judgment as the facts warrant.

The safeguard is a continuing duty on the judge: even proceeding one-sidedly, the court must endeavor to protect the interests of the absent spouse. Authorization is not a rubber stamp for the petitioner.

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.