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Grossly abusive conduct is determined on a

J. LEGAL SEPARATION case-to-case basis. (e.g. A singular but serious
(Arts. 55-67, FC) act of “squeezing of neck, pulling of hair and the
like without the intent to kill”) (Sta. Maria,
2021)

NB: The Rule on Legal Separation (A.M. No. 02-11-

2. Attempt to corrupt or induce petitioner,
11-SC) is excluded from the 2024 Bar Coverage
common child, child of petitioner to engage in
prostitution, or connivance in such corruption
Legal separation is a legal remedy available to
or inducement;
parties in a valid, but failed marriage, for the
purpose of obtaining a decree from the court
NOTE: The Inducement refers to prostitution
entitling him or her to certain reliefs, such as:
only. A mere “attempt” is enough to be a ground
1. the right to live separately from each other
for legal separation. (Sta. Maria, 2021)
(without affecting the marital bond that exists
between them);
3. Attempt by respondent against the life of
2. the dissolution and liquidation of their property
petitioner;
regime; and
3. the custody of their minor children.
NOTE: It must proceed from an evil design and
not from any justifiable cause. (Sta. Maria,
Nature of legal separation
2021)

An action for legal separation which involves

4. Final judgment sentencing respondent to
nothing more than bed-and-board separation of the
Imprisonment of more than 6 years, even if
spouses is purely personal. The NCC recognizes this:
pardoned;

1. By allowing only the innocent spouse and no

NOTE: The final judgment must be
one else to claim legal separation; and
promulgated during the marriage. The crime
could have been committed against anybody,
2. By providing that the spouses can, by their
not necessarily against the other spouse, their
reconciliation, stop or abate the proceedings,
common children, or the petitioner’s children.
and even rescind a decree of legal separation
(Sta. Maria, 2021)
already granted. (Lapuz v. Eufemio, G.R. No. L-
31429, 31 Jan. 1972)
5. Drug addiction or habitual Alcoholism of
respondent;
Grounds for Legal Separation (1997, 2002, 2003,
2006, 2007 BAR) (SHARAP-BAD-LAGI)
NOTE: It must exist after the celebration of
marriage.
1. Repeated physical violence or Grossly abusive
conduct against petitioner, common child, or
6. Physical violence or moral Pressure to compel
child of petitioner;
petitioner to change religious or political
affiliation;
NOTE: Respondent’s child is not included.
However, it may be a cause to suspend or
7. Bigamous marriage subsequently contracted by
terminate the parental authority of the
respondent in the Philippines or abroad;
respondent.

NOTE: If the bigamous marriage were

Physical Violence must be inflicted with bad
committed abroad, the guilty party cannot be
faith and malice.
criminally prosecuted for bigamy in the
Philippines because our penal statutes are

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territorial in nature. (Sta. Maria, 2021)
Failure of the husband to look actively for his
8. Sexual infidelity or perversion; adulterous wife after she left the conjugal home
does not constitute condonation or consent to the
NOTE: Sexual perversion includes all unusual wife’s adulterous acts. (Ocampo v. Florenciano, G.R.
or abnormal sexual practices which may be No. L-13553, 23 Feb. 1960)
offensive to the feelings or sense of decency of
either the husband or wife. CONSENT

9. Lesbianism or Homosexuality of respondent;

There is consent when either of the spouses agreed
and
to or did not object, despite full knowledge, to the
act giving rise to a ground for legal separation,
NOTE: It must exist after celebration of
before such act was in fact committed. (Sta. Maria,
marriage.
2022)

10. Abandonment of petitioner by respondent

NOTE: Consent may be deduced also from the acts
without justifiable cause for more than 1 year.
of the spouses. (Sta. Maria, 2022)
(Art. 55, FC)

NOTE: The abandonment or desertion must be RECRIMINATION/EQUAL GUILT

willful. Mere severance of the relation is not
sufficient. (Sta. Maria, 2021) It is a rule that when two persons acted in bad faith,
they should be considered as having acted in good
Grounds for denial of petition for legal faith. They are in pari delicto. (Sta. Maria, 2022)
separation (C4-P-R)
CONNIVANCE
1. Condonation of the aggrieved party of the
offense or act complained of;
Connivance denotes direction, influence, personal
2. Consent of the aggrieved party to the
exertion, or other action with knowledge and belief
commission of the offense or act
that such action would produce certain results and
complained of;
which results are produced. (Greene v. Greene, Court
of Appeals of North Carolina 15 N.C. App. 314, 190
3. Connivance between the parties in the
S.E.d 258, 1972)
commission of the offense or act;
Q: Lucita left the conjugal dwelling and filed a
4. Recrimination or Equal Guilt;
petition for legal separation due to the physical
violence, threats, intimidation, and grossly
5. Collusion between parties to obtain the
abusive conduct she had suffered at the hands of
decree of legal separation; or
Ron, her husband. Ron denied such and claimed
that since it was Lucita who had left the conjugal
6. Action is barred by Prescription. (FC, Art.
abode, then the decree of legal separation
56)
should not be granted, following Art. 56(4) of the
FC which provides that legal separation shall be
CONDONATION denied when both parties have given ground for
legal separation. Should legal separation be
Condonation is the act of forgiving the offense after denied on the basis of Ron’s claim of mutual
its commission. However, it implies a condition of guilt?
future good behavior by the offending spouse. (Sta.
Maria, 2022)

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A: NO. Art. 56(4) of the FC does not apply since the b. Desist from conduct in which the woman or
abandonment contemplated under the law is her child has the right to engage.
abandonment without justifiable cause for more
than one year. In this case, Lucita left Ron due to his 6. Attempting to restrict or restricting the woman’s
abusive conduct. Such act does not constitute the or her child’s freedom of movement or conduct
abandonment contemplated in the said provision. by:
Therefore, there is no mutual guilt between them as a. Force;
there is only one erring spouse. (Ong Eng Kiam v. CA, b. Threat of force;
G.R No. 153206, 23 Oct. 2006) c. Physical or other harm;
d. Threat of physical or other harm; or
NOTE: No criminal conviction is necessary to issue e. Intimidation directed against the woman or
a decree of legal separation. In legal separation, child.
preponderance of evidence is enough. (Gandionco v.
Peñaranda, G.R. No. 79284, 27 Nov. 1987) This shall include, but not limited to, the
following acts committed with the purpose or
CONNIVANCE effect of controlling or restricting the woman’s
or her child’s movement or conduct:

There would be collusion if the parties had arranged

a. Threatening to deprive or actually depriving
to make it appear that a matrimonial offense had
the woman or her child of custody to her/his
been committed although it was not, or if the parties
family;
had connived to bring about a legal separation even
in the absence of grounds thereof. (Sta. Maria, 2022)
b. Depriving or threatening to deprive the
woman or her children of financial support
CONNIVANCE legally due to their family, or deliberately
providing the woman’s children insufficient
An action must be filed within 5 years from the financial support;
occurrence of the cause. Legal separation cannot be
filed after the lapse of the five-year period. c. Depriving or threatening to deprive the
woman or her child of a legal right;
NOTE: The time of discovery is not material in
counting the prescriptive period. (Sta. Maria, 2022) d. Preventing the woman from engaging in any
legitimate profession, occupation, business
Acts considered as acts of violence under R.A. or activity, or controlling the victim’s own
No. 9262 money or properties, or solely controlling the
conjugal or common money or properties;
1. Causing, physical harm to the woman or her
child; e. Inflicting or threatening to inflict physical
2. Threatening to cause the woman or her child harm on oneself for the purpose of
physical harm; controlling her actions or decisions;
3. Attempting to cause the woman or her child
physical harm; f. Causing or attempting to cause the woman or
4. Placing the woman or her child in fear of her child to engage in any sexual activity
imminent physical harm; which does not constitute rape, by:
i. Force;
5. Attempting to compel or compelling the woman ii. Threat of force;
or her child to: iii. Physical harm; or
iv. Through intimidation directed against
a. Engage in conduct which the woman or her the woman or her child or her/his
child has the right to desist from; or immediate family.

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7. Engaging in purposeful, knowing, or reckless NOTE: Matters other than the merits of legal
conduct, personally or through another that separation can be determined by the court without
alarms or causes substantial emotional or waiting for the lapse of the 6-month period.
psychological distress to the woman or her child.
This shall include, but not be limited to, the XPN: The court can immediately hear the case if the
following acts: grounds alleged are those punishable under R.A. No.
9262.
a. Stalking or following the woman or her child
in public or private places; Reconciliation Efforts
b. Peering in through the window or lingering
outside the residence of the woman or her The Court is required to take steps toward the
child; reconciliation of the spouses and must be fully
c. Entering or remaining in the dwelling or on satisfied that, despite such efforts, reconciliation is
the property of the woman or her child highly improbable. (Art. 59. FC)
against her/his will;
d. Destroying the property and personal Rule in rendering a judgment of legal separation
belongingness or inflicting harm to animals based upon a stipulation of facts or confession of
or pets of the woman or her child; and judgment
e. Engaging in any form of harassment or
violence; and A decree of legal separation cannot be issued solely
based on a stipulation of facts or a confession of
9. Causing mental or emotional anguish, public judgment. The grounds for legal separation must be
ridicule, or humiliation to the woman or her proved. Neither confession of judgment nor
child, including, but not limited to, repeated summary judgment is allowed. In any case, the court
verbal and emotional abuse, and denial of shall order the prosecuting attorney or fiscal to take
financial support or custody of minor children of steps to prevent collusion between the parties and
access to the woman’s child/children. to take care that the evidence is not fabricated or
suppressed. (Art. 60, FC)
NOTE: However, in Acharon v. People (G.R. No.
224946, 09 Nov. 2021), the Court held that mere What the law prohibits is a judgment based
failure or inability to provide financial support is exclusively or mainly on defendant’s confession.
not punishable by R.A. 9262. There must be The law does not, however, exclude, as evidence,
evidence on record that the accused willfully or any admission or confession made by the
consciously withheld financial support legally respondent in a legal separation case outside of the
due the woman for the purpose of inflicting court. (De Ocampo v. Florenciano, G.R. No. L-13553,
mental or emotional anguish upon her. 23 Feb. 1960)

Cooling-off Period Effects of Legal Separation

An action for legal separation shall be in no case 1. Spouses are entitled to live separately but the
tried before 6 months have elapsed since the filing marriage bond is not severed;
of the petition, to enable the contending spouses to
settle differences. In other words, it is for possible 2. ACP/CPG shall be dissolved and liquidated. The
reconciliation. (Art. 58, FC) share of the offending spouse in the net profits
shall be forfeited in favor of:
GR: The 6-month cooling-off period is a mandatory a. Common children;
requirement. The petition shall not be granted if it is b. In default of the common children, children
not observed. (Pacete v. Carriaga, G.R. No. L-53880, of the guilty spouse by a previous marriage;
17 Mar. 1994) or

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c. In default of common children and the May an aggrieved spouse avail themselves of:
children of the guilty spouse, innocent (2003 BAR)
spouse;
a. If the wife discovers after the marriage that
her husband has “AIDS”?
3. Custody of minor children is awarded to the
innocent spouse (subject to Art. 213, FC); A: B. ANNULMENT OF MARRIAGE. Since AIDS is a
serious and incurable sexually transmissible
4. Offending spouse is disqualified to inherit from disease, the wife may file an action for annulment of
the innocent spouse by intestate succession; the marriage on this ground whether such fact was
concealed or not from the wife, provided that the
5. Provisions in the will of innocent spouse which disease was present at the time of the marriage. The
favor the offending spouse shall be revoked by marriage is voidable even though the husband was
operation of law; not aware that he had the disease at the time of
marriage.
6. Innocent spouse may revoke donations he/she
made in favor of the offending spouse; and b. If the wife goes abroad to work as a nurse and
refuses to come home after the expiration of
NOTE: Prescriptive period: 5 years from the her three-year contract there?
finality of the decree of legal separation.
A: D. SEPARATION OF PROPERTY. If the wife
7. Innocent spouse may revoke the designation of refuses to come home for 3 months from the
the offending spouse as beneficiary in any expiration of her contract, she is presumed to have
insurance policy, even when stipulated as abandoned the husband and he may file an action
irrevocable. for judicial separation of property. If the refusal
continues for more than one year from the
Q: In case an action for legal separation is expiration of her contract, the husband may file the
granted, what will happen to a child below the action for legal separation under Art. 55(10) of the
age of 7? Is the rule absolute? FC on the ground of abandonment of petitioner by
respondent without justifiable cause for more than
A: As a rule, the custody of the child shall be 1 year. A spouse is deemed to have abandoned their
awarded to the innocent spouse, except if the child spouse when they leave the conjugal dwelling
is below the age of 7 where the law says that the without any intention of returning. (Art. 101, FC)
child cannot be separated from the mother, except The intention not to return cannot be presumed
if there is a compelling reason to do so. The during the three-year period of her contract.
common-law relationship of a child's mother with a
married man is a ground to separate the child from c. If the husband discovers after the marriage
the mother because such a situation will not afford that his wife has been a prostitute before
the child a desirable atmosphere where they can they got married?
grow and develop into an upright and moral-
minded person. (Cervantes v. Fajardo, G.R. No. A: NONE. If the husband discovers after the
79955, 27 Jan. 1989) marriage that his wife was a prostitute before they
got married, he has no remedy. No
Q: Which among the following remedies: misrepresentation or deceit as to character, health,
a. Declaration of nullity of marriage; rank, fortune, or chastity shall constitute fraud as
b. Annulment of marriage; legal ground for an action for the annulment of
c. Legal separation; and/or marriage. (Art. 46, FC)
d. Separation of property

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d. If the husband has a serious affair with his The action to revoke the donation must be brought
secretary and refuses to stop within 5 years from the time the decree of legal
notwithstanding advice from relatives and separation has become final. (Art. 64, FC)
friends?
Effects of Reconciliation
A: C. LEGAL SEPARATION. The wife may file an
action for legal separation. The husband’s sexual During the pendency of the
infidelity is a ground for legal separation. (Art. 55, case:
FC)
Legal separation proceedings
She may also file an action for judicial SEPARATION shall be terminated at whatever
As to the
OF PROPERTY for the failure of her husband to stage.
Decree
comply with his marital duty of fidelity. (Arts. 135(4) After the issuance of the decree:
and 101, FC)
Final decree of the legal
e. If the husband beats up his wife every time he separation to be set aside. (Art.
comes home drunk? 66, FC)
GR: In case there had been
A: C. LEGAL SEPARATION, AND D. SEPARATION already separation of property
OF PROPERTY and forfeiture of the share of the
guilty spouse, the same shall be
The wife may file an action for legal separation on maintained. (Pineda, 2008)
the ground of repeated physical violence on her
person. (Art. 55(1), FC) XPN: The parties, however, can
As to the
agree to revive their previous
Property
She may also file an action for judicial separation of regime. Their agreement must be
Regime
property for failure of the husband to comply with under oath and must contain a
his marital duty of mutual respect. (Arts. 101 and list of the properties desired to be
135(4), FC) returned to the community or
conjugal property and those
She may also file an action for declaration of nullity which will remain separate, and a
of the marriage if the husband’s behavior list of creditors and their
constitutes psychological incapacity existing at the addresses.
time of the celebration of marriage. The FC does not provide for the
revival of revoked provisions in a
Effect on the donations made by the spouses to will originally made in favor of
each other the offending party as a result of
As to
the legal separation.
The revocation of the donations shall be recorded in Capacity to
the registries of property in the places where the Succeed
NOTE: This absence gives the
properties are located. Alienations, liens, and innocent spouse the right to
encumbrances registered in good faith before the choose whether the offending
recording of the complaint for revocation in the spouse will be reinstituted.
registries of property shall be respected. The Those given to the children
revocation of or change in the designation of the cannot be returned since the
insurance beneficiary shall take effect upon written As to the
spouses are no longer the owners
notification thereof to the insured. Forfeited
of such. But those given to the
Shares
innocent spouse may be
returned.

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Revival of previous property regime after

reconciliation

Reconciliation does not automatically revive the

former property regime of the spouses. If the
spouses want to revive the previous property
regime, they must execute an agreement to revive
the former property regime, which agreement shall
be submitted in court, together with a verified
motion for its approval. (Art. 67, FC)

The agreement to revive must be under oath

and specify:

1. The properties to be contributed anew to the

restored regime;
2. Those to be retained as separate properties of
each spouse; and
3. The names of all their known creditors, their
addresses, and the amounts owed to each.
(Pineda, 2008)

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Declaration of Nullity of Marriage vs. Annulment vs. Legal Separation

DECLARATION OF NULLITY OF MARRIAGE ANNULMENT LEGAL SEPARATION

As to the effect on the marriage bond
No effect; the marriage
Dissolved. Dissolved.
bond remains
As to the status of children
GR: Illegitimate.

XPN: Children conceived or born of marriages before Legitimate.

declaration of nullity under Arts. 36 and 53 of the FC are
considered legitimate.
As to the property relations
ACP/CPG shall be dissolved and liquidated.
(Art. 43(2), FC)
GR: Governed either by Art. 147 or Art. 148 of the FC. Thus,
the property regime shall be liquidated pursuant to the 1. Share of spouse, who contracted the
ordinary rules on co-ownership. subsequent marriage in bad faith, in the
net profits of the community property or
XPN: Marriages declared void under Art. 40 which shall be conjugal partnership, shall be forfeited
liquidated in accordance with Art. 43(2) which property in favor of the common children; or
relations could either be governed by ACP or CPG unless
the parties agree to complete separation of property in a 2. If there are none, the children of the
marriage settlement prior to marriage. (Valdes v. RTC, G.R. guilty spouse by a previous marriage; or
No. 122749, 31 July 1996)
3. In default of children, the innocent
spouse.
As to the donations propter nuptias
GR: Donations propter nuptias are revocable at the
instance of the donor.

XPNs:
1. If the donation propter nuptias is embodied in a
GR: Donations propter nuptias shall remain
marriage settlement, the donation is void under Art.
valid. (Art. 43(3), FC)
86(1) of the FC; or

XPNs:
2. If the subsequent marriage is judicially declared void
1. If the donee contracted the marriage in
by reason of Art. 40 of the FC, the donation remains
bad faith, such donations made to said
valid.
donee shall be revoked by operation of
law.

XPNs to the XPNs:

2. If both spouses to the marriage acted in
bad faith, all donations propter nuptias
1. If the donee spouse contracted the marriage in bad
shall be revoked by operation of law.
faith, all donations are revoked by operation by law;
or

2. When both parties to a subsequent marriage

contracted in bad faith under Art. 44 of the FC, all

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