5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly petition can also be considered as valid causes for the respondent to stay in the Philippines.[19] Separation in fact for one year as a ground to grant a judicial separation of property was not tackled in the trial court’s decision because, the trial court erroneously treated the petition as liquidation of the absolute community of properties. The records of this case are replete with evidence that Leticia and David had indeed separated for more than a year and that reconciliation is highly improbable. First, while actual abandonment had not been proven, it is undisputed that the spouses had been living separately since 2003 when David decided to go back to the Philippines to set up his own business. Second, Leticia heard from her friends that David has been cohabiting with Estrellita Martinez, who represented herself as Estrellita Noveras. Editha Apolonio, who worked in the hospital where David was once confined, testified that she saw the name of Estrellita listed as the wife of David in the Consent for Operation form. [20] Third and more significantly, they had filed for divorce and it was granted by the California court in June 2005. Having established that Leticia and David had actually separated for at least one year, the petition for judicial separation of absolute community of property should be granted. The grant of the judicial separation of the absolute community property automatically dissolves the absolute community regime, as stated in the 4th paragraph of Article 99 of the Family Code, thus: 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. (Emphasis supplied). Under Article 102 of the same Code, liquidation follows the dissolution of the absolute community regime and the following procedure should apply: Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply: (1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse. (2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649 9/13