Family Code of the Philippines:Legal Separation (Bed and Board Separation)

(1) Repeated physical violence or grossly abusive conduct

Directed against the petitioner, a common child, or a child of the petitioner. The key words are “repeated” and “grossly” — isolated incidents may not suffice.

(2) Physical violence or moral pressure to compel religious or political change

There must be undue pressure that goes beyond what is permissible. Some pressure is expected in every marriage; this ground requires it to cross the line into coercion (determined on a case-to-case basis).

(3) Corruption or inducement to engage in prostitution

An attempt by the 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 of imprisonment for more than six years

A final judgment sentencing the respondent to imprisonment of more than six years, even if later pardoned.

(5) Drug addiction or habitual alcoholism

Drug addiction or habitual alcoholism of the respondent. Unlike Article 46(4) which deals with concealment of drug addiction at the time of marriage, Article 55(5) covers addiction that arises after the marriage.

(6) Lesbianism or homosexuality of the respondent

Whether this refers to the practice of homosexuality or the sexual orientation itself is an open legal question — there are no settled cases on this point.

(7) Bigamous marriage contracted by the respondent

Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

(8) Sexual infidelity or perversion

Under the Family Code, both men and women need only commit one act of sexual infidelity to fall under this ground. In Gandionco vs. Peñaranda, the Supreme Court ruled that a criminal conviction for concubinage is not necessary — only preponderance of evidence is required. A civil action for legal separation may proceed ahead of or simultaneously with a criminal action. “Sexual perversion” is a relative term interpreted on a case-by-case basis.

(9) Attempt against the life of the petitioner

An attempt by the respondent against the life of the petitioner. Under this ground, no criminal conviction is needed — the attempt itself suffices.

(10) Abandonment without justifiable cause for more than one year

Abandonment of petitioner by respondent without justifiable cause for more than one year.

Cooling-off Period (Article 58)

An action for legal separation shall in no case be tried before six months have elapsed since the filing of the petition. This is the cooling-off period. The Supreme Court has interpreted Article 58 to mean that there shall be no hearing on the main issue during this period, but the court may hear incidental issues such as child custody. In Araneta vs. Concepcion, the Court allowed the court to hear the issue of custody of children even before the 6-month period elapsed.

Reconciliation Efforts (Article 59)

No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

No Stipulation of Facts (Article 60)

No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. The Court shall order the prosecuting attorney to prevent collusion and ensure evidence is not fabricated or suppressed. In Ocampo vs. Florenciano, the Supreme Court ruled that legal separation cannot be granted on the basis of the wife’s admission alone — there must be other proof.

(1) Separate living — but the marriage bond remains

The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed. Neither party may remarry.

(2) Dissolution of property and forfeiture of profits

The absolute community or conjugal partnership shall be dissolved and liquidated. The offending spouse shall have no right to any share of the net profits — these are forfeited in favor of the common children or the innocent spouse (Article 43[2]).

(3) Custody of minor children

The custody of minor children shall be awarded to the innocent spouse, subject to Article 213 which provides that the court shall consider all relevant considerations, especially the choice of the child over seven years of age, unless the chosen parent is unfit.

(4) Disqualification from inheritance

The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

How Reconciliation Works

If the spouses reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. According to Professor Balane, it is not the reconciliation itself that produces legal effects — it is the filing of the joint manifestation that matters.

Consequences of Reconciliation

(1) Pending legal separation proceedings shall be terminated. (2) A final decree of legal separation shall be set aside — but the separation of property and any forfeiture already effected shall subsist, unless the spouses agree to revive their former property regime.

Effects on Rights Restored

• Joint custody of children is restored.
• The right to succeed by the guilty spouse from the offended spouse is restored — but only as to compulsory heirs.
• If donations were revoked, reconciliation does not automatically restore them.

Can I file for legal separation online?

Legal separation cases must be filed in court. While you may download forms and prepare documents online, the actual petition must be filed with the Regional Trial Court (Family Court) that has jurisdiction over your area.

How long does legal separation take?

The cooling-off period under Article 58 mandates at least six months from filing before the case can be tried. From there, the duration depends on court dockets, the complexity of the case, and whether the respondent contests the petition. Most cases take one to three years from filing to final decree.

Can I remarry after legal separation?

No. Legal separation does not sever the marriage bond. You may live separately and manage your own property, but you cannot remarry. Only annulment or declaration of nullity of marriage allows remarriage.

What is the difference between legal separation and annulment?

Legal separation (bed and board separation) allows spouses to live apart and separate property, but the marriage remains valid. Annulment or declaration of nullity voids the marriage entirely, allowing both parties to remarry. The grounds and legal requirements are also different.

Do I need a lawyer to file for legal separation?

While you may file a petition without a lawyer, the legal separation process is complex — involving property liquidation, custody arrangements, and court-mandated reconciliation efforts. It is strongly recommended to seek legal counsel.

What happens to our property during legal separation?

Once a decree is issued, the absolute community or conjugal partnership is dissolved and liquidated. The offending spouse forfeits their share of any net profits earned by the community property. The innocent spouse may also revoke donations previously made to the offending spouse.