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Title XI — Summary Judicial Proceedings in the Family Law

Article 239

EO 209 · Family Code of the Philippines

ELI5— what this means for you

The petition for summary proceedings must contain the facts of the case and the relief prayed for. The court can act on it without requiring the full formalities of a regular trial.

Official text — EO 209

When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.

The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. (n)

Source: lawphil.net (EO 209 as amended)

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