Text of the provision

Art. 248. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules.

(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 a spouse has been abandoned and the conjugal funds are not enough, the present spouse may need to reach the abandoning spouse's own separate property to support the family — the substantive right recognized in Article 127. This article confirms that the petition for judicial authority to administer or encumber that property, and use its fruits or proceeds for family support, follows these same summary rules.

It rounds out the Separation-in-Fact chapter: the quick procedure covers not just authorizing a transaction, but also tapping an absent spouse's separate assets for the family.

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.