CHAPTER

CONJUGAL PARTNERSHIP OF GAINS  

Section 6. Dissolution of Conjugal Partnership Regime

Article 128. 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 conjugal partnership property, 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. (167a, 191a)

Explanation:

         

          The article above deals with unjust abandonment (which we have discussed in Article 100 of this Code) of one spouse by the other spouse.

Again, as stated and discussed in Article 100 and the above article, if a spouse abandons another without just cause, he or she may petition the court for receivership, judicial of property or for authority to be the sole administrator of the conjugal partnership property.

Source: 
Family Code of the Philippines by ALBANO