Facts:
Art. 98. Neither spouse may donate any community property without the consent of the other. However, either
spouse may, without the consent of the other, make moderate donations from the community property for charity or
on occasions of family rejoicing or family distress. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)
Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except
that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to
be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be
obtained in a summary proceeding;
(3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for
the support of the family. The spouse present shall, upon proper petition in a summary proceeding, 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 latter's share. (178a)
Art. 101. 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 absolute community, 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 her 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. (178a)
Title XIV. - ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and
without leaving an agent to administer his property, the judge, at the instance of an interested
party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.
This same rule shall be observed when under similar circumstances the power conferred by the
absentee has expired. (181a)
Art. 382. The appointment referred to in the preceding article having been made, the judge shall
take the necessary measures to safeguard the rights and interests of the absentee and shall specify
the powers, obligations and remuneration of his representative, regulating them, according to the
circumstances, by the rules concerning guardians. (182)
Art. 383. In the appointment of a representative, the spouse present shall be preferred when
there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person may be
appointed by the court. (183a)
CHAPTER 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee or since the receipt of
the last news, and five years in case the absentee has left a person in charge of the administration
of his property, his absence may be declared. (184)
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an authentic copy of the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right subordinated to the
condition of his death. (185)
Art. 386. The judicial declaration of absence shall not take effect until six months after its
publication in a newspaper of general circulation. (186a)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article
383. (187a)
Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate
or encumber the husband's property, or that of the conjugal partnership, without judicial
authority. (188a)
Art. 389. The administration shall cease in any of the following cases:
(1) When the absentee appears personally or by means of an agent;
(2) When the death of the absentee is proved and his testate or intestate heirs appear;
(3) When a third person appears, showing by a proper document that he has acquired the
absentee's property by purchase or other title.
In these cases the administrator shall cease in the performance of his office, and the property shall
be at the disposal of those who may have a right thereto. (190)
