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Article 113

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

The husband must be joined in all suits by or against the wife, except: (1) When they are judicially separated; (2) If they have in fact been separated for at least one year.

Official text — RA 386

The husband must be joined in all suits by or against the wife, except:

(1) When they are judicially separated;

(2) If they have in fact been separated for at least one year;

(3) When there is a separation of property agreed upon in the marriage settlements;

(4) If the administration of all the property in the marriage has been transferred to her, in accordance with articles 196 and 197;

(5) When the litigation is between the husband and wife;

(6) If the suit concerns her paraphernal property;

(7) When the action is upon the civil liability arising from a criminal offense;

(8) If the litigation is incidental to the profession, occupation or business in which she is engaged;

(9) In any civil action referred to in articles 25 to 35; and

(10) In an action upon a quasi-delict.

In the cases mentioned in Nos. 7 to 10, the husband must be joined as a party defendant if the third paragraph of article 163 is applicable. (n)

Source: lawphil.net (RA 386 as amended)

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