Persons and Family Relations

ARTICLE 100
The separation in fact between husband and wife shall not affect the
regime of absolute community except:
1. The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the 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 obtained in a
summary proceeding.
3. In the absence of sufficient community property, the separate
property of both spouses shall be solidarily liable for the support of
the family. The spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the latter’s share.
DE FACTO SEPARATION
The separation in fact is cessation of cohabitation.
The spouse no longer lives together as husband and wife under the same roof but there
is no decree of legal separation. Stipulation of being unbounded by their property
regime shall be declared void.
Total abandonment, implies that there is a complete departure without the intention of
returning followed by a prolonged absence without just cause and absolute cessation of
marital relations, not only physical estrangement but also financial and moral desertion.

EFFECTS OF DE FACTO SEPARATION

1. Deserter loses rights to be supported.
While the deserting spouse loses the right to be supported and be liable for
damages, he will not have his obligations extinguished.
2. Judicial authorization obtainable in lieu of unobtainable consent.
When consent is necessary, judicial authorization can be obtained in a summary
proceeding.
3. Solidary Liability of Both Spouses
Although actually living separately, the separate properties shall be liable in
solidum for the support of the family.
4. Judicial authorization to administer of encumber specific property
 Persons and Family Relations

The spouse present can file a petition for judicial authority to administer or encumber
specific property belonging to the other spouse, and to use the fruits of said property or
the proceeds thereof as the case may be, to collect and satisfy latter’s share or
contribution in the expenses to support family.