Legal Separation in the Philippines
The Philippines is one of only two states in the world that does not allow divorce, the other being the Vatican. However, Muslim Filipinos are an exception; under Presidential Decree 1083, or the “Code of Muslim Personal Laws of the Philippines,” they are permitted to divorce. For the rest of the population, only alternative legal remedies exist for those in troubled marriages: Annulment of Marriage, Declaration of Nullity of Marriage, and Legal Separation.
While Philippine lawmakers are deliberating the Absolute Divorce Act, this post will focus on one of the existing legal remedies: Legal Separation.
To put it simply, Legal Separation is the separation of bed and board. The marriage remains intact, but certain marital obligations are terminated. Specifically, a decree of legal separation has the following effects:
a. The spouses are entitled to live separately from each other.
b. The absolute community or conjugal partnership is dissolved and liquidated. The offending spouse forfeits their share of the net profits, which goes to the common children, or if none, to their children, or if none, to the innocent spouse.
c. Custody of the common children is awarded to the innocent spouse, subject to Article 213 of the Family Code, which considers the child’s choice if over 7 years old.
d. The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession. Provisions in the innocent spouse’s will favoring the offending spouse are revoked by law.
e. The innocent spouse may revoke donations to the offending spouse and remove the offending spouse as a beneficiary in any insurance policy, even if the designation was irrevocable.
The law outlines specific grounds for legal separation that must be proven with evidence. These grounds are:
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 by the 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.
10. Abandonment of the petitioner by the respondent without justifiable cause for more than one year.
However, there are specific grounds for denying a petition for legal separation. If one of these circumstances exists, the court will likely deny the petition.
1. Where the aggrieved party has condoned the offense or act complained of.
2. Where the aggrieved party has consented to the offense or act complained of.
3. Where there is connivance between the parties in committing the offense or act constituting the ground for legal separation.
4. Where both parties have given grounds for legal separation.
5. Where there is collusion between the parties to obtain a decree of legal separation.
6. Where the action is barred by prescription, which is five years.
After the grant of the decree of Legal Separation, can the spouses remarry?
It’s important to note that after the grant of the decree of Legal Separation, the marriage is still legally intact. This means that any subsequent marriage will be void for being a bigamous marriage, potentially leading to legal complications.
After the grant of the decree of Legal Separation, if one of the spouses passes away, will the other spouse still be considered an heir of the deceased spouse?
It depends. If the innocent spouse passes away, the guilty spouse will be disqualified from inheriting. If the guilty spouse passes away, the innocent spouse may still inherit and will be considered an heir.
Is Legal Separation a quicker remedy compared to Annulment or Declaration of Nullity of Marriage?
Not necessarily. As mentioned, there are specific grounds for legal separation that must be proven with evidence. The duration of the process depends on the volume of evidence and the number of witnesses presented by the petitioner.
In conclusion, Legal Separation, while not dissolving the marriage bond, provides significant relief by allowing spouses to live apart and addressing financial and custodial issues. However, it comes with stringent grounds that must be substantiated with evidence, and it does not permit remarriage.
The process of obtaining a Legal Separation can be as demanding as that for an Annulment or Declaration of Nullity of Marriage, requiring meticulous preparation and presentation of evidence. Additionally, it’s crucial to be aware of the conditions that could lead to the denial of a petition, such as mutual fault or connivance.
For individuals facing unique circumstances, such as mutual misconduct, alternative remedies like Annulment or Declaration of Nullity may be more appropriate. Each case is distinct, and seeking professional legal advice is essential to determine the best course of action.