Tuesday, October 4, 2011

Article 209 Title VI, Chapter 6 of the Civil Code of the Philippines

Article 209: When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply.

EXPLANATION:

             Art. 178. The separation in fact between husband and wife without judicial approval, shall not affect the conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have a right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be necessary;
(3) If the husband has abandoned the wife without just cause for at least one year, she may petition the court for a receivership, or administration by her of the conjugal partnership property, or separation of property. (n)
            Application of the provisions of Article 178, when there is a separation between husband and wife without judicial approval.

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