Supreme court rule on legal separation

Am 2-11-11-sc

March 4, 2003

Section 1

Am 2-11-11-sc shall govern petition for LS under the FC

Section 2

A. Who may and when to file the petition for legal separtions? (RMCFD-LCSLA)
a. Only by the husband or the wife within 5 years from the time of the occurrence of the following causes
i. Repeated physical violence or gross abusive conduct directed against the petition, common
child or child of the petitioner
ii. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
iii. Attempt to corrupt or induce the P/CC/CP to engage in prostitution, or connivance in such
corruption or inducement
iv. Final judgment sentencing the respondent to imprisonment of more that 6 years, even if
pardoned
v. Drug addiction or habitual alcoholism
vi. Lesbianism or homosexuality of the respondent
vii. Contracting of a subsequent bigamous marriage whether in or outside the Philippines
viii. Sexual infidelity or perversion of the respondent
ix. Attempt on the life of the petitioner
x. Abandonment for more than 1 year (not abandoned if equal to 1 year and below)
b. Contents and form
i. Allege the complete facts constituting the cause of action
ii. State the names and age of the CC
1. Specifying the regime
2. Properties and creditors
3. If no adequate provision in a written agreement, the petitioner may apply for
provisional order for:
a. Spousal support
b. Custody and support of CC
c. Visitation rights
d. Administration of the community property
e. Other similar matters requiring urgent action
iii. Ver-Cer personally signed by the petitioner
1. No petitioner for LS shall be filed solely by counsel or attorney-fact
2. If; in a foreign country; VER-CER authenticated by duly authorized officer of the
Philippine embassy XXXXX
iv. Filed in 6 copies to the court
1. Within 5 days from filing;
a. Service a copy to the C/P prosecutor and creditors
b. submit to the court proof of service
c. filed the family court of the P/C where the petitioner or respondent
i. residing for at least 6 months prior to the date of filing
ii. if non-resident respondent; where he may be found in the Philippines
1. at the election of the petitioner
section 3

A. where the respondent

a. cannot be located
b. whereabouts
i. unknown
ii. cannot be ascertained with diligent inquiry
c. service may be by publication 1 x 2 (with leave of court)
d. service a copy of the summons at last known address by resisted mail
B. contents of the summons contained in an order of the court
a. title
b. docket number
c. nature of the petition
d. principal grounds and relief prayed for
e. directive for the respondent to answer within 30 days from the last issue of publication

section 4

 no motion to dismiss; except; lack of jurisdiction over the subject matter/parties

 provided; grounds that might warrant dismissal; may be raised as an affirmative defense in the answer

section 5-7

A. file answer with 15 days from receipt (personal service)

a. or 30 days from last issue of publication (service by publication)
b. verified by respondent himself
B. if the respondent fails to file an answer
a. or answer does not tender an issue
i. shall not declare him in default
ii. order public prosecutor to investigate
1. with 1 month submit report to the court
2. service copy to the parties
a. if collusion is reported; parties file comments within 10 days for receipt
b. the court shall set the report for hearing; if the court is convinced; order
dismissal
c. if no collusion reported; set the case for pre-trial and public prosecutor to
appear for the state
d. the court may require SW to submit case study report 3 days before pre-trial or
at any stage whenever necessary.

Section 8

 Pretrial is mandatory
 On motion or motu proprio
 Set pre-trail on a date not earlier than 6 months from the date of filing
o After last pleading has been served and filed
o Or upon receipt of the report that no collusion exists

Section 9

The pre-trial brief shall contain the following

1. Statemen of willingness to enter into agreement as may be allowed by law

2. Concise statement of their claims
 3. Admitted facts and proposed stipulation of facts as well as disputed facts and legal issues
4. All the evidence to be presented
5. Number and names of witnesses and their respective affidavit
6. Other matters as the court may require

Failure to file or comply with its required content shall have the same effect as failure to appear at pre-trial

Section 10

1. Fails to appear; case dismiss; unless counsel appears in court and proves a valid excuse
2. Filed his answer; but fails to appear; proceed with the pre-trial and require public prosecutor to investigate; and
submit a report; whether non-appearance is due to any collusion; if no collusion require the public prosecutor to
intervene for the state during trial to prevent suppression or fabrication of evidence.

Section 11

Pre-trial conference; the court may refer issues to a mediator; mediator render report with 1 month extendable not
exceeding 1 month.

In case mediation is not availed or fails; proceed with the pre-trial conference; consider receiving expert testimony.

Section 12

A. Pretrial is recorded; upon termination; issue pretrial order; cite matters taken up; action taken thereon;
amendments allowed on the pleadings; agreement or admission made including provisional orders.
B. Order shall contain a recital of the ff.
a. Facts undisputed
b. Factual and legal issues to be litigated
c. Evidence marked and will be presented
d. Name of witness to be presented and testimonies
e. Schedule of presentation
f. Pretrial order; contain directive; to appear and take step to prevent collusion, fabrication and
suppression.
C. Not allowed to raise issues or present witness and evidence other than those sated in the pretrial order; unless
modified to prevent manifest injustice
D. 5 days from receipt of pretrial order to propose corrections or modifications

Section 13

Prohibited compromise:

1. Civil status
2. Validity of marriage or legal separation
3. Any ground for legal separation
4. Future support/legitime
5. Jurisdiction of courts

Section 14 - Trial

A. No delegation of the reception of evidence to a commissioner; expect property relations

B. No judgment on the pleadings, summary, or confession of judgment shall be allowed
C. May order exclusion of all persons; no direct interest; not enhance ascertainment of the truth; psychological
harm; violate right to privacy; offensive to decency.
D. No copy/examination of the record; shall be taken by any person; other than the party/counsel; except by the
order of the court.
Section 15 – Memoranda

 May require to file respective memoranda within 15 after trial is terminated

 No other pleadings may be submitted without leave of court
 After the lapse of the period; considered submitted for decision with or without memoranda

Section 16 - Decision

A. Deny on any of the ff. grounds

a. Aggrieved party condone/consented
b. Connivance on the act constituting grounds for legal separtion
c. Both parties have given grounds for LS
d. Collusion to obtain decree of LS
e. Prescription
B. Decision shall declare; that decree of LS shall be issued;
a. only after compliance with liquidation under the FC
b. Decree shall be register in CR where the marriage was recorded and,
c. in the CR, where the FC granting the LS is located
C. Decision shall declare:
a. Entitled to live separately but the marriage bond is not severed
b. Obligation of mutual support ceases
c. Disqualified; from inheriting by intestate; provision made in favor of offending spouse are revoke by
operation of law
d. Parties/public prosecutor/SG shall be served wit copies of the decision; if summoned by publication and
failed to appear; dispositive part of the decision shall be publish once

Section 17 – appeal

A. No appeal unless; filed MR or NT with 15days for notice of judgment

B. Aggrieve party/SG may appeal; by filing a notice appeal with 15 days for the denial of the MR/NT; serve copy of
the notice of appeal to the adverse party

Section 18- liquidation

Upon entry of judgment granting the petition; the FC shall proceed; liquidation/partition/distribution/custody and
support of CC unless; such matters had been adjudicated in previous JP.

Section 19

 The court shall issue the decree of legal separation after

o Registration of the entry of judgment in the CR where the marriage was celebrated
 and, in the CR, where the FC is located.
o Registration of the approved partition and distribution in the RD where the RP is located
 In the decree
 Quote the dispositive portion of the judgment
 Attach the approved deed of partition

Section 20 – registration and publication of decree of LS

A. Prevailing party; register the decree in the CR where the marriage is recorded
a. In the CR of the place where the FC is situated
b. In the NSO
 c. Report compliance with 30days from receipt of the decree of LS
B. In case service by summons; parties shall cause publication of the decree once
C. Registered decree; best evidence; serve as notice to 3rd persons concerning property

Section 21

A. In case a party dies; before entry; order close without prejudice to settle on estate in proper proceedings in the
regular court
B. If dies after entry; binding upon parties/successors in interest in the settlement in the regular court

Section 22

A. With 5 years; from final decision; file petition under oath; to revoke donation in favor of offending spouse
B. Revocation shall be recorded in the RD where the property is located
C. Alienation/lien/encumbrances registered in GF; before recording the petition for revocation; shall be respected
D. After issuance of decree of LS; may revoke designation of the offending spouse as beneficiary even if
irrevocable; take effect upon written notification to the insurer.

Section 23

A. If reconciled; joint manifestation under oath; duly signed; filed in the same proceeding for LS
B. If reconciled; while proceeding is pending; immediately order to terminate
C. If reconciled; after rendition of judgment (judgment/decision not final); before issuance of decree; shall express
manifestation WON they agree to revive former regime; or choose new regime.
a. Immediately issue decree of recon declare; LS proceeding set aside and specify the regime.
D. If reconciled; after issuance of decree of LS; upon motion; issue decree of recon; declaring that decree of LS is
set aside but the separation of property and forfeiture of share already effected shall subsist; unless the spouse
have agreed to revive their former regime
E. If choose to adopt new/different regime; comply with section 24
F. Decree of recon; recorded in the CR where the marriage and the decree of LS has been registered

Section 24- revival or adoption of another regime

A. After rendition of Judgement; but before Issuance; file; verified motion for revival/adoption of new regime;
attaching agreement for approval
B. Verified agreed specify the ff.
a. Properties contributed to the restored/new regime
b. Those to be retained as separate
c. Names/address/amounts owing to creditors
d. Cause publication of verified motion for 2 CW
e. After hearing/granting of motion; issue order; direction parties to record the order; in the proper
registries within 30days from receipt of the order and submit proof of compliance