1. Do we have divorce in the Philippines?
Divorce may be classified into two — Absolute and Relative. In our jurisdiction, only relative divorce or legal separation is allowed, which involves nothing more than the bed-and-board separation of the spouses (Lapuz Sy vs. Eufemio, G.R. No. L-30977, January 31, 1972). A decree of legal separation shall entitle the spouses to live separately from each other, without severing their marriage bonds (Article 62, Family Code).
2. What are the grounds for Legal Separation?
The following are the grounds for legal separation which may or may not exist at the time of the marriage ceremony:
(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 of 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; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year (Article 55, Family Code).
3. Within what period must a Petition for Legal Separation be filed?
As a general rule, an action for legal separation shall be filed within five years from the time of the occurrence of the cause (Article 57, Family Code).
4. If I file an action for Legal Separation, will I still be entitled to receive support from my spouse during the pendency of the case?
Yes, you shall be entitled to receive support from your spouse, which shall be in accordance with adequate provisions of the written agreement with your spouse. In the absence of an agreement, the Court will provide for support during the pendency of the case (Article 49 in relation to Article 62, Family Code).
5. Can I remarry after my Legal Separation is granted?
No, legal separation is merely the separation of spouses as to their bed and board. While it permits the partial suspension of marital relations, the marriage bond still exists as the marital bonds are not severed (Lapuz Sy vs. Eufemio, G.R. No. L-30977, January 31, 1972).
6. Who can have custody of the child once a petition for legal separation is granted?
The custody of the minor children shall be awarded to the innocent spouse, subject to the choice of the child over seven (7) years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise (Article 63 in relation to Article 213, Family Code of the Philippines). Similarly, Section 6 of Rule 99 of the Rules of Court permits a child over ten (10) years of age to choose which parent he prefers to live with, unless the parent chosen is unfit to take care of the child by reason of moral depravity, habitual drunkenness, incapacity or poverty. The choice of a child over seven (7) years of age and over ten (10) years of age shall be considered in custody disputes only between married parents because they are, pursuant to Article 211 of the Family Code, accorded joint parental authority over the persons of their common children (Masbate vs. Relucio, G.R. No. 235498, 30 July 2018).
7. Can I file for Legal Separation for being punched by my spouse every time we argue?
Yes, repeated physical violence is one of the provided grounds for legal separation (Article 55, Family Code).
8. Can I file for Legal Separation after catching my spouse for the first time having sexual intercourse with another person?
Yes, sexual infidelity or perversion is a ground for filing a petition for legal separation (Article 55[8], Family Code). Adultery, punishable under Article 333 of the Revised Penal Code, is not a continuing crime; it is consummated at every moment of carnal knowledge. Hence, every sexual act is a ground for legal separation (People vs. Zapata, G.R. No. L-3047, 16 May 1951).
9. What are the instances wherein the court could deny a petition for legal separation?
The court shall deny the petition for legal separation on any of the following grounds:
(1) The aggrieved party has condoned the offense or act complained of;
(2) The aggrieved party has consented to the commission of the offense or act complained of;
(3) There is connivance between the parties in committing the offense or act constituting the ground for legal separation;
(4) Both parties have given ground for legal separation
(5) There is collusion between the parties to obtain the decree of legal separation; or
(6) The action is barred by prescription (Article 56, Family Code).
10. Can I revoke the designation of my guilty spouse as my beneficiary in my insurance policy upon the grant of my petition for legal separation?
After the issuance of the Decree of Legal Separation, the innocent spouse may revoke the designation of the offending spouse as a beneficiary in any insurance policy even if such designation be stipulated as irrevocable. The revocation or change shall take effect upon written notification to the insurer (Section 22, A.M. No. 02-11-11-SC).
11. Can I still recover property donated to my guilty spouse upon the grant of our petition for legal separation?
Yes, within five (5) years from the date the decree of legal separation has become final, the innocent spouse may file a petition under oath in the same proceeding for legal separation to revoke the donations he/she made in favor of the offending spouse. If such donations involve property, such revocations should be recorded in the Register of Deeds in the places where the properties are located. (Article 64, Family Code; Section 22, A.M. No. 02-11-11-SC)
12. Do I have to use my husband’s surname after the decree for legal separation?
The Civil Code of the Philippines, Article 372, mandates that when the legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. (Laperal vs. Republic, G.R. No. L-18008, 30 October 1962). You may still use of your husband’s surname even after you are legally separated, if the same was your customary surname prior to issuance of the decree.
13. What will be the effect of our reconciliation to the legal separation proceeding?
If the legal separation is still pending, it shall be terminated at whatever stage it is. If the spouses reconciled after the issuance of the decree of legal separation, the final decree of legal separation shall be set aside, but the separation of property and forfeiture of any of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime (Article 66, Family Code).
Source: Manila Times
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