TITLE IV

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 the 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. Alienations 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)