LEGAL SEPARATION

Article 97. A petition for legal separation may be filed:

(1) For adultery on the part of the wife and for concubinage on the part of the husband as
defined in the Penal Code; or

(2) An attempt by one spouse against the life of the other. (n)

Article 98. In every case the court must take steps, before granting the legal separation, toward the
reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable.
(n)

Article 99. No person shall be entitled to a legal separation who has not resided in the Philippines
for one year prior to the filing of the petition, unless the cause for the legal separation has taken
place within the territory of this Republic. (Sec. 2a, Act No. 2710).

Article 100. The legal separation may be claimed only by the innocent spouse, provided there has
been no condonation of or consent to the adultery or concubinage. Where both spouses are
offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to
obtain legal separation shall cause the dismissal of the petition. (3a, Act No. 2710)

Article 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by
confession of judgment.

In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire
whether or not a collusion between the parties exists. If there is no collusion, the prosecuting
attorney shall intervene for the State in order to take care that the evidence for the plaintiff is not
fabricated. (n)

Article 102. An action for legal separation cannot be filed except within one year from and after the
date on which the plaintiff became cognizant of the cause and within five years from and after the
date when such cause occurred. (4a, Act 2710)

Article 103. An action for legal separation shall in no case be tried before six months shall have
elapsed since the filing of the petition. (5a, Act 2710)

Article 104. After the filing of the petition for legal separation, the spouses shall be entitled to live
separately from each other and manage their respective property.

The husband shall continue to manage the conjugal partnership property but if the court deems it
proper, it may appoint another to manage said property, in which case the administrator shall have
the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the
capital except in accordance with the orders of the court. (6, Act 2710)

Article 105. During the pendency of legal separation proceedings the court shall make provision for
the care of the minor children in accordance with the circumstances and may order the conjugal
partnership property or the income therefrom to be set aside for their support; and in default thereof
said minor children shall be cared for in conformity with the provisions of this Code; but the Court
shall abstain from making any order in this respect in case the parents have by mutual agreement,
made provision for the care of said minor children and these are, in the judgment of the court, well
cared for. (7a, Act 2710)

Article 106. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but marriage bonds shall
not be severed;

(2) The conjugal partnership of gains or the absolute conjugal community of property shall be
dissolved and liquidated, but the offending spouse shall have no right to any share of the
profits earned by the partnership or community, without prejudice to the provisions of article
176;

(3) The custody of the minor children shall be awarded to the innocent spouse, unless
otherwise directed by the court in the interest of said minors, for whom said court may
appoint a guardian;

(4) The offending spouse 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 one shall be revoked by operation of law. (n)

Article 107. The innocent spouse, after a decree of legal separation has been granted, may revoke
the donations by reason of marriage made by him or by her to the offending spouse. Alienation and
mortgages made before the notation of the complaint for revocation in the Registry of Property shall
be valid.

This action lapses after four years following the date the decree became final. (n)

Article 108. Reconciliation stops the proceedings for legal separation and rescinds the decree of
legal separation already rendered.

The revival of the conjugal partnership of gains or of the absolute conjugal community of property
shall be governed by article 195. (10a. Act 2710)