Section 5: Dissolution of Absolute Community Regime

Article 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (178a)

Explanation:

          The above Article provides a remedy if a spouse has been abandoned. Such as Petition for Receivership, Judicial separation of property and petition for authority to be the sole administrator of the absolute community of property.

There is abandonment by one spouse when he/she left the conjugal dwelling without any intention of returning and when he/she no longer complies with his/her marital, parental and property relations with the family. Said spouse is presumed to have abandoned the family if:

(a) he/she left the conjugal dwelling for a period of three (3) months; or

(b) he/she has failed within three (3) months to give any information as to his or her whereabouts.

The law mentions the obligations of the spouses to the marriage like marital, parental, or property relations;

Ø  If a spouse does not perform the obligation to live with the other for a period of three (3) months, the other spouse may go to court and ask for relief. This is so, because the husband and wife are obliged to live together. (Article 68, Family Code).

Ø  If one of the spouses fails or refuses to perform the duties to the family like support, care, custody of children; then, there can be abandonment, and the other spouse may go to court and ask for the reliefs granted under the law.

Ø  One of the duties to the marriage is the administration of properties of the husband and wife. In fact, the husband and wife have joint administration of the properties of the absolute community (Article 96, Family Code) and the conjugal partnership of gains. (Article 124, Family Code). If one of the spouses fails or refuses to comply with the duty, then, the other spouse may go to court and ask that he/she be appointed the sole administrator of the properties.

Sources: 
Family Code of the Philippines by Albano