DE GUZMAN, KRISANTA G.

PERSONS AND FAMILY RELATIONS

PLM - Thursday, 5 to 9pm

VOID VOIDABLE LEGAL SEPARATION

AS TO NATURE
Always void; Valid until annulled; Does not affect the marital
status; involves nothing
more than bed-and-board
separation of the spouses;
AS TO SUSCEPTIBILITY FOR CONVALIDATION
Incapable of being Can be convalidated by free A Joint Manifestation for
convalidated or ratified; cohabitation of Reconciliation under oath
prescription; duly signed by the parties
should be filed with the
court in the same
proceeding for legal
separation;
AS TO IMPUGNATION
Can be attacked directly or Can only be attacked Grounds for legal
collaterally in an action filed through a direct action filed separation are only those
or by way of defense; in court; enumerated in Article 55;
AS TO IMPUGNATION AFTER DEATH OF EITHER PARTY
Can still be impugned even Can no longer be impugned Ground for denial of
after death of parties; after death of one of the petition; cannot be
parties; impugned;
AS TO PROPERTY RELATIONS
Co-ownership of properties Generally Conjugal Absolute Community of
through joint actual Partnership or Absolute Property or Conjugal
contributions; Community of Property; Partnership shall be
dissolved and liquidated;
Offending spouse has no
right to any share of net
profits earned by Absolute
Community of Property or
Conjugal Partnership; Net
profits shall be forfeited in
favor of common children,
or if none, children of guilty
spouse by previous
marriage, or in default
thereof, the innocent
spouse;
 ASTO LIQUIDATION OF PROPERTY
Properties are liquidated in Properties are liquidated in In the absence of an
accordance with the accordance with the rules agreement between the
ordinary rules of co- provided under the parties, the Court shall
ownership; chapters in the Absolute designate the husband, the
Community of Property and wife, or a third person to
the Conjugal Partnership of manage the absolute
Gains; community or the conjugal
partnership of property;
AS TO PRESCRIPTION
Action for declaration of Action prescribes; An action for legal
nullity does not prescribe; separation shall be filed
within five years from the
time of occurrence of the
cause;
AS TO DECREE ISSUED
Decree of nullity; Decree of annulment; Decree of legal separation;