TITLE II Art. 57.

An action for legal separation shall be filed

LEGAL SEPARATION within five years from the time of the occurrence of the
cause. (102)
Art. 55. A petition for legal separation may be filed on
any of the following grounds: Art. 58. An action for legal separation shall in no case
(1) Repeated physical violence or grossly abusive be tried before six months shall have elapsed since the
conduct directed against the petitioner, a common filing of the petition. (103)
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the Art. 59. No legal separation may be decreed unless the
petitioner to change religious or political affiliation; x Court has taken steps toward the reconciliation of the
(3) Attempt of respondent to corrupt or induce the spouses and is fully satisfied, despite such efforts, that
petitioner, a common child, or a child of the petitioner, reconciliation is highly improbable. (n)
to engage in prostitution, or connivance in such
corruption or inducement; Art. 60. No decree of legal separation shall be based
(4) Final judgment sentencing the respondent to upon a stipulation of facts or a confession of
imprisonment of more than six years, even if judgment.
pardoned;
(5) Drug addiction or habitual alcoholism of the In any case, the Court shall order the prosecuting
respondent; attorney or fiscal assigned to it to take steps to prevent
(6) Lesbianism or homosexuality of the respondent; collusion between the parties and to take care that the
(7) Contracting by the respondent of a subsequent evidence is not fabricated or suppressed. (101a)
bigamous marriage, whether in the Philippines or
abroad; Art. 61. After the filing of the petition for legal
(8) Sexual infidelity or perversion; separation, the spouses shall be entitled to live
(9) Attempt by the respondent against the life of the separately from each other.
petitioner; or
(10) Abandonment of petitioner by respondent The court, in the absence of a written agreement
without justifiable cause for more than one year. between the spouses, shall designate either of them or
a third person to administer the absolute community
For purposes of this Article, the term "child" shall or conjugal partnership property. The administrator
include a child by nature or by adoption. (9a) appointed by the court shall have the same powers
and duties as those of a guardian under the Rules of
Art. 56. The petition for legal separation shall be Court. (104a)
denied on any of the following grounds:
(1) Where the aggrieved party has condoned the Art. 62. During the pendency of the action for legal
offense or act complained of; separation, the provisions of Article 49 shall likewise
(2) Where the aggrieved party has consented to the apply to the support of the spouses and the custody
commission of the offense or act complained of; and support of the common children. (105a)
(3) Where there is connivance between the parties in
the commission of the offense or act constituting the Art. 63. The decree of legal separation shall have the
ground for legal separation; following effects:
(4) Where both parties have given ground for legal (1) The spouses shall be entitled to live separately
separation; from each other, but the marriage bonds shall not be
(5) Where there is collusion between the parties to severed;
obtain decree of legal separation; or (2) The absolute community or the conjugal
(6) Where the action is barred by prescription. (100a) partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the
net profits earned by the absolute community or the
conjugal partnership, which shall be forfeited in Art. 67. The agreement to revive the former property
accordance with the provisions of Article 43(2); regime referred to in the preceding Article shall be
(3) The custody of the minor children shall be executed under oath and shall specify:
awarded to the innocent spouse, subject to the (1) The properties to be contributed anew to the
provisions of Article 213 of this Code; and restored regime;
(4) The offending spouse shall be disqualified from (2) Those to be retained as separated properties of
inheriting from the innocent spouse by intestate each spouse; and
succession. Moreover, provisions in favor of the (3) The names of all their known creditors, their
offending spouse made in the will of the innocent addresses and the amounts owing to each.
spouse shall be revoked by operation of law. (106a)
The agreement of revival and the motion for its
Art. 64. After the finality of the decree of legal approval shall be filed with the court in the same
separation, the innocent spouse may revoke the proceeding for legal separation, with copies of both
donations made by him or by her in favor of the furnished to the creditors named therein.
offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if After due hearing, the court shall, in its order, take
such designation be stipulated as irrevocable. The measure to protect the interest of creditors and such
revocation of the donations shall be recorded in the order shall be recorded in the proper registries of
registries of property in the places where the properties.
properties are located. Alienations, liens and
encumbrances registered in good faith before the The recording of the ordering in the registries of
recording of the complaint for revocation in the property shall not prejudice any creditor not listed or
registries of property shall be respected. The not notified, unless the debtor-spouse has sufficient
revocation of or change in the designation of the separate properties to satisfy the creditor’s claim.
insurance beneficiary shall take effect upon written
notification thereof to the insured.
The action to revoke the donation under this Article
must be brought within five years from the time the
decree of legal separation become final. (107a)

Art. 65. If the spouses should reconcile, a

corresponding joint manifestation under oath duly
signed by them shall be filed with the court in the same
proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the preceding
Articles shall have the following consequences:
(1) The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set
aside, but the separation of property and any
forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to
revive their former property regime.
The court's order containing the foregoing shall be
recorded in the proper civil registries. (108a)
 LEGAL SEPARATION 10. Abandonment of petitioner by respondent
without justifiable cause for more than one year.
Definition of Legal Separation

Legal separation is a legal remedy available to a party Defenses in legal separation

in a valid but failed marriage for the purpose of
obtaining a decree from the court entitling him or her
certain reliefs such as the right to love separately from
each other (without affecting the marital bond that EFFECTS OF DECREE OF LEGAL SEPARATION
exists between them), the dissolution and liquidation
of their absolute community or conjugal partnership 1. Right to live separately from each other, but
property regime and the custody of their minor there is no severance of marriage bonds. As a
children consequence, the husband no longer has the
right of consortium
Nature of Legal Separation
2. Dissolution and liquidation of the of the
An action for legal separation which involves nothing absolute community or the conjugal
more than bed-and-board separation of spouses is partnership, as the case may be.
purely personal. the Civil Code recognizes this by:
HOWEVER, the share of the offending spouse
1. allowing only the innocent spouse and no one
in the “net profits” shall be forfeited in favor of:
else to claim legal separation;
2. by providing that the spouse can, by their a. Common children
b. In default thereof, children of guilty
reconciliation, stop or abate the proceedings
and even rescind a decree of legal separation spouse by a previous marriage; or
c. In default thereof, the innocent spouse.
already granted
3. Right to inherit:
Grounds for Legal Separation
a. Intestate Succession: the offending
spouse shall be disqualified to inherit
1. Repeated physical violence or grossly abusive from the innocent spouse. BUT the
conduct directed against the petitioner, a common innocent spouse can inherit from the
child, or a child of the petitioner; offending spouse
2. Physical violence or moral pressure to compel the
petitioner to change religious or political b. Testamentary succession: the
testamentary dispositions in favor of the
affiliation;
offending spouse existing at the time of
3. Attempt of respondent to corrupt or induce the the finality of the decree of legal
petitioner, a common child, or a child of the separation shall be revoked by operation
petitioner, to engage in prostitution, or of law. BUT the offending spouse is not
connivance in such corruption or inducement; disqualified to inherit from the innocent
4. Final judgment sentencing the respondent to spouse. Hence, if favorable
imprisonment of more than six years, even if
pardoned; c. Right to receive legal support:
5. Drug addiction or habitual alcoholism of the
respondent; GR: after the finality of the decree of legal
6. Lesbianism or homosexuality of the respondent; separation, the obligation of mutual
7. Contracting by the respondent of a subsequent support between parties ceases
bigamous marriage, whether in the Philippines or
XPN: the court may, however, order the
abroad; guilty spouse to give support to the
8. Sexual infidelity or perversion; innocent spouse
9. Attempt by the respondent against the life of the
petitioner; or d. Donation Propter Nuptias:
  Donation (Propter Nuptias) made by
the innocent spouse in favor of
offending party bey be revoked.
Period of filing: within 5 years
from the finality og the decree
of legal separation

 Donation made by third party may

be revoked by the donor in case of
legal separation and the donee is the
guilty spouse

e. Insurance policy: the innocent spouse

may revoke the designation of the guilty
spouse as beneficiary in the insurance
policy of the former, even if the
designation be stipulated as irrevocable.

f. Custody of children: Be is separation de

factor or legal separation, parental
authority and custody shall be exercised
by the parent designated by the court

GR: The paramount consideration is the

welfare of the child.

XPN: if the child is 7 years or age, the law

presumes that the mother is the best
custodian

XPN TO XPN: the court will find

compelling reasons to deprive her of
custody.

NOTE: RA 9262 prohibits the awarding of

custofy to the perpetrator of a woman
who is suffering from battered woman
syndrome. in addition, the victim who Is
suffering from such shall not be
disqualified from having custody of
childern

EFFECTS OF RECONCILIATION