SUMMARY PROCEEDINGS

1. A verified petition may be filed in court when one of the spouses seeks
judicial authorization for a transaction where consent of the other
spouse is withheld o cannot be obtained, in cases where there is: [Art.
239]
a. Separation in fact between husband and wife
b. Abandonment by one of the other
2. Petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof
for the support of the family [Art. 248] Similarly, Art. 127 states that in the
absence of sufficient CPG, the separate property of both shall be solidarily
liable for the support of the family; thus, the present spouse shall petition to
be given judicial authority to administer or encumber any specific separate
property of the other spouse and use the fruits or proceeds thereof to satisfy
the latters share.
3. Incidents involving parental authority: [Art. 249]
a. Petition for an order providing disciplinary measures over the
child (Petitioner = parents or in their absence or incapacity, entity or
institution exercising parental authority; Jurisdiction = court of the
place where the child resides) [Art. 223]
b. Petition for judicial order for legal guardianship over the property
of an unborn child when there is disagreement [Art. 225]
c. Petition for approval of the guardians bond (Jurisdiction = court
where the child resides or if foreign country, the court of the place
where the property or any part thereof is situated) [Art. 225 P 3-4]
4. Declaration of presumptive death for the purpose of contracting a
subsequent marriage , when former spouse: [Art. 41]
a. Had been absent for four (4) consecutive years and the present spouse
had a well-founded belief that the absent spouse was already deads
b. Had disappeared where there is danger of death as in Article 391, Civil
Code such as on board a vessel lost during sea voyage or a missing
airplane, etc = 2 years
5. Petition for enforcement of final judgment for the delivery of the
presumptive legitimes of all common children [Art. 51]
6. Fixing the family domicile [Art. 69]
7. Resolve dispute on exercise of profession, occupation, business or
activity of either spouse [Art. 73]
8. Resolve disagreements on administration and enjoyment of the
community property [Art. 96]
9. Resolve disagreements on administration and enjoyment of the
conjugal partnership property [Art. 124]
10.Decide who to give parental authority over foundlings, abandoned,
neglected or abused children and other children similarly situated
[Art. 217]