Understanding Legal Separation in the Philippines

Legal separation is a legal procedure that permits married couples to live apart while still maintaining their legal marital status. In the Philippines, legal separation is among the alternatives provided to couples experiencing irreconcilable differences in their marriage. In this blog, we will explore the notion of legal separation in the Philippines, the reasons that justify filing for it, the steps involved in the process, and the consequence it has on couples and their families.

What is Legal Separation?

Legal separation is a legal remedy provided by Philippine law to married couples who want to live apart without dissolving their marriage[1]. This option grants spouses the right to live separately from each other and be released from their marital duties and obligations.

What are the grounds for Legal Separation?

The petition for legal separation may be filed on any of the following grounds:

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the petitioner; or
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.[2]

What are the defenses available to the respondent in actions for legal separation?

The respondent may avail of the following defenses:

1. Where the aggrieved party has condoned the offense or act complained of;
2. Where the aggrieved party has consented to the commission of the offense or act complained of;
3. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
4. Where both parties have given ground for legal separation;
5. Where there is collusion between the parties to obtain decree of legal separation;
6. Where the action is barred by prescription[3].
7. Reconciliation of the spouses during the pendency of the case by filing in the same proceeding a joint manifestation under oath, duly signed by the spouses[4]; and
8. Death of either party during the pendency of the case.[5]

Who may file a petition for legal separation?

The petition for legal separation may be filed only by husband or the wife, as the case may be. [6]

When shall the petition for legal separation be filed?

An action for legal separation shall be filed within five years from the time of the occurrence of the cause.[7]

What is the “cooling-off period” in cases of legal separation?

The cooling-off period means that an action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition.[8]

Is the cooling-off period applicable where violence as specified in R.A. No. 9262 or otherwise known as “Anti-Violence Against Women and their Children Act” is alleged?

No. The cooling-off period under the family code is not applicable where violence under RA 9262 is present[9].

What are the effects of filing a petition for legal separation?

The effects of filing the petition for legal separation are:

1. The spouses shall be entitled to live separately from each other; and
2. In the absence of an agreement between the parties, the court shall designate the husband, the wife, or a third person to manage their community or conjugal property. [10]

What are the effects of a pending action for legal separation?

During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the court shall:

1. Provide for the support of the spouses and the custody and support of their common children;
2. Give paramount consideration to the moral and material welfare of the said children and their choice of the parent with whom they wish to remain; and
3. Provide for appropriate visitation right. [11]

What are the effects of a decree of legal separation?

The following are the effects:

1. The absolute community property or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the community property, which shall be forfeited in accordance with the provisions of Article 43(2);
2. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of the Family Code;
3. The offending spouses shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law;
4. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed.[12]
5. After the finality of the decree of legal separation, the innocent spouse may revoke:
   1. The designation of the offending spouse as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable;
   2. The donations made by him or by her in favor of the offending spouse.[13]

What is the requirement if the spouses reconcile after the legal separation decree has been issued?

A joint manifestation under oath, duly signed by the spouses, may be filed in the same proceeding for legal separation. [14]

What are the consequences of reconciliation between spouses?

Reconciliation between spouses 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 revie their former property regime. [15]

 

 

[1] Article 61, The Family Code.

[2] Article 55, Ibid.

[3] Article 56, Ibid.

[4] Article 65, Ibid.

[5] Sec. 21(a), A.M. No. 02-11-11-SC.

[6] Sec. 2, Ibid.

[7] Article 57, The Family Code.

[8] Article 58, Ibid.

[9] Sec. 19, R.A. 9262.

[10] Article 61, The Family Code.

[11] Article 49, Ibid.

[12] Article 63, Ibid.

[13] Article 64, Ibid.

[14] Section 23, A.M. No. 02-11-11-SC.

[15] Article 66, The Family Code.