Summary Judicial Proceedings

Question 1

Instances where the summary judicial proceedings in the Family Code applies in cases of separation in fact between husband and wife (2)

Answer 1

1. Wherein husband and wife are separated in fact or has abandoned the other and that one of them seeks judicial authorization for a transaction where consent of the other is required by law and consent is withheld or cannot be obtained (Art. 239, Par. 1)
2. For judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds to support the family (Art. 248)

Question 2

Rules on attachment for summary proceedings in cases of separation in fact between spouses

Answer 2

The proposed deed, if any, embodying the transaction must be attached to the petition.
If none, the transaction must be described in detail with the reason why the required consent cannot be secured
The final deed, if any, must be submitted to and approved by the court
Art. 239 (2)

Question 3

Rule on damages for summary proceedings in cases of separation in fact between spouses (Art. 240)

Answer 3

Claims for damages may be litigated in a separate action, except for costs of the proceedings

Question 4

Rule on notification for summary proceedings in cases of separation in fact between spouses (Art. 242)

Answer 4

Upon filing of the petition, the court shall notify the other spouse whose consent is required, of said petition:
1. It shall required the spouse to show cause why the petition should not be granted, on or before the date set in the notice for the initial conference
2. The notice shall be accompanied by a copy of the petition, served at the last known address of such spouse

Question 5

Rule on procedure for summary proceedings (Art. 243-247) (4)

Answer 5

1. Preliminary conference by judge without assistance of counsel
2. If court deems it useful, parties may be assisted by counsel at the succeeding conferences and hearings
3. In case of non-appearance by spouse whose consent is sought, court shall inquire into the reasons for the failure to appear and require such appearance, if possible
4. Proceedings may either be:
   a. If no attendence despite efforts, court may proceed EX PARTE and render judgment as warranted. Judge shall endeavor to protect the interests of the non-appearing spouse
   b. If not resolved at initial conference, petition shall be decided in summary hearing on the basis of affidavits, documentary, or oral testimonies at the discretion of the court

Question 6

Instances where the summary judicial proceedings in the Family Code applies in cases involving parental authority (2)

Answer 6

1. Order providing for disciplinary measures (Art. 223)
2. Approval of bond of not less than 10% required from parent in case MV of property or annual income of child exceeds P50,000 (Art. 225)

Question 7

Instances where the summary judicial proceedings in the Family Code applies other matters subject to such (6)

Answer 7

1. Judicial declaration of presumptive death (Art. 41)
2. Delivery of presumptive legitime (Art. 51)
3. Judicial determination of family domicile (Art. 69)
4. Determination of validity of objection to the profession of a spouse (Art. 73)
5. Dealing with court order entrusting foundlings, abandoned or neglected children or abused children to heads of children’s homes, orphanages, and similiar institutions accredited by the government (Art. 217)
6. Annulmen of husband’s decision (Art. 96 and 124)