Article 135: Causes for judicial separation — Family Code

Any of the following shall be considered sufficient cause for judicial separation of property:

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an absentee;

(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a)

Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.