LEGAL SANA WITH ATTY.
BLANZA
COO – Ging Montealegre
GENERAL MANAGER – Romy Volante
Station Manager – Rosanna “Osang” Borres
Technician – Luzon Bornasal
I. LEGAL SEPERATION
A. LEGAL SEPERATION
Legal separation is a legal remedy available to parties in a valid but failed
marriage for the purpose of obtaining a decree from the court entitling him
or her certain reliefs such as the right to live separately from each other
(without affecting the marital bond that exists between them), the
dissolution and liquidation of their absolute community or conjugal
partnership property regime and the custody of their minor children.
B. Nature of legal separation
An action for lega! separation which involves nothing more than bed-
and-board separation of the spouses is purely personal. The Civil Code
recognizes this by:
1. By allowing only the innocent spouse and no one else to claim legal
separation;
2. By providing that the spouses can, by their reconciliation, stop or
abate the proceedings and even rescind a decree of legal
separation already granted (Lapuz v. Eufemio, G.R. No. L-31429,
January 31, 1972).
C. GROUNDS FOR LEGAL SEPERATION
1. Repeated physical violence or grossly abusive conduct against
petitioner, common child, child of petitioner;
2. Attempt to corrupt or induce petitioner, common child, child of
petitioner to engage in prostitution, or connivance in such corruption or
inducement;
3. Attempt by respondent against the life of petitioner;
4. Final judgment sentencing respondent to imprisonment of more
than 6 years, even if pardoned;
5. Drug addiction or habitual alcoholism of respondent;
NOTE: It must exist after celebration of marriage
6. Physical violence or moral pressure to compel petitioner to change
religious or political affiliation;
7. Bigamous marriage subsequently contracted by respondent in the
Philippines or abroad;
8. Sexual infidelity or perversion;
9. Lesbianism or homosexuality of respondent; and
NOTE: It must exist after celebration of marriage
10. Abandonment of petitioner by respondent without justifiable
cause for more than 1 year.
D. Q: If a man commits several acts of sexual infidelity, particularly in
2002,2003, 2004, 2005, does the prescriptive period to file for legal
separation run from 2002
A: The prescriptive period begins to run upon the commission of each
act of infidelity. Every act of sexual infidelity committed by the man is
a ground for legal separation.
E. NOTE: No criminal conviction is necessary to issue a decree of legal
separation. In legal separation, preponderance of evidence is enough
(Gandionco v. Penaranda, G.R. No. 79284, November 27, 1987).
F. COOLING OFF PERIOD
a. An action for legal separation shall be in no case tried before 6
months has elapsed since the filing of the petition, to enable the
contending spouses to settle differences. In other words, it is for
possible reconciliation (FC, Art. 58).
b. General rule: The 6 months cooling-off period is a mandatory
requirement. Petition shall not be granted if it is not observed
(Pacete v. Carriaga, G.R. No. L-53880 March 17, 1994).
c. XPN: There is no cooling-off period if the grounds alleged are
those under R.A. 9262 (Anti-Violence against Women and
Children Act). The court can immediately hear the
case.
G. RECONCILIATION EEFORTS
The Court is required to take steps toward the reconciliation of the
spouses and must be fully satisfied that, despite such efforts,
reconciliation is highly improbable (FC, Art. 59).
H. CONFESSION OF JUDGEMENT
Rule in rendering a judgment of legal separation based upon a
stipulation of facts or confession of judgment.
A decree of legal separation cannot be issued solely on the basis of a
stipulation ef facts or a confession of judgment. The grounds for legal
separation must be proved. Neither confession of judgment nor
summary judgment is allowed. In any case, the court shall order the
prosecuting attorney or fiscal to take steps to prevent collusion
between the parties and to take care that the evidence is not
fabricated or suppressed (FC, Art. 60).
What the law prohibits is a judgment based exclusively or mainly on
defendant's confession (Ocampo v. Florenciano, G.R. No. L-13553,
February 23, 1960).
I. FILING OF PETITION
a. Who may file? Husband or wife.
b. When to file? Within 5 years from the time of the occurrence of
the cause
c. Where to file? Family Court of the province or city where the
petitioner or the respondent has been residing for at least 6
months prior to the date of filing or in case of a nonresident,
where he may be found in the Philippines, at the election of the
petitioner
J. EFFECTS OF FILING PETITION OF LEGAL SEPERATION
The spouses shall be entitled to live separately from each other. In the
absence of a written agreement between the parties, the court shall
designate either the husband or the wife or a 3rd person to administer
the absolute community or conjugal partnership property.
K. EFFECTS OF LEGAL SEPERATION
1. Spouses entitled to live separately but the marriage bond is not
severed;
2. ACP/CPG shall be dissolved and liquidated. The share of the
offending spouse in the net profits shall be forfeited in favour of:
a. .Common children,
b. In default of the common children, children of the guilty
spouse by a previous marriage,
c. In default of common children and the children of the guilty
spouse, innocent spouse.
3. Custody of minor children is awarded to the innocent spouse
(subject to FC, Art. 213);
4. Offending spouse is disqualified to inherit from innocent spouse by
intestate succession; 5.
5. Provisions in the will of innocent spouse which favors offending
spouse shall be revoked by operation of law;
6. Innocent spouse may revoke donations he/she made in favor of
offending spouse; and
NOTE: Prescriptive period: 5 years from finality of decree of legal
separation
7. Innocent spouse may revoke designation of offending spouse as
beneficiary in any insurance policy, even when stipulated as
irrevocable.
L. In case an action for legal separation is granted, what will happen to a
child below the age of seven? Is the rule absolute?
As a rule, the custody of the child shall be awarded to the innocent
spouse, except if the child is below the age of seven where the law
says that the child cannot be separated fron the mother, except if
there is a compelling reason to do so.
The common-law relationship of a child's mother with a married man is
a ground to separate the child from the mother, because such a
situation will not afford the child a desirable atmosphere where he can
grow and develop into an upright and moral-minded person
(Cervantes v. Fajardo, G.R. No. 79955, January 27, 1989).
M. EFFECTS OF RECONCILIATION
a. As to the Decree: During the pendency of the case: LS proceedings
terminated at whatever stage
b. After the issuance of the decree: Final decree of LS to be set aside
(FC, Art. 66).
.
II. ANNULMENT OF MARRIAGES
A. Statutory Grounds for Annulment
The grounds for annulment of marriage in the Philippines are primarily found
in the Family Code (which superseded earlier laws), but the search results
also include relevant provisions from the Civil Code and Act No. 3613.
Under the Family Code (as reflected in the search results and jurisprudence),
a marriage may be annulled for the following causes, provided they existed
at the time of marriage:
1. Lack of Parental Consent
If one party was 18 or over but below 21, and the marriage was
solemnized without the required parental consent, unless after
reaching 21, the party freely cohabited with the other as husband or
wife.
2. Insanity or Unsound Mind
If either party was of unsound mind, unless such party, after regaining
sanity, freely cohabited with the other as husband or wife.
Voidable, Not Void: The marriage is not automatically void; it is
voidable. This means it is valid until annulled by a court.
Consent Appears Present: As explained in Santos v. Court of Appeals
(1995), insanity is a ground for annulment (voidable marriage) because
there is the appearance of consent, even if the consent is legally
defective due to the party’s mental state.
3. Fraud
If the consent of either party was obtained by fraud, unless, after
learning of the fraud, the party freely cohabited with the other as
husband or wife. The law strictly limits what constitutes fraud:
o Non-disclosure of a previous conviction by final judgment of a
crime involving moral turpitude.
o Concealment by the wife of pregnancy by another man at the
time of marriage.
o Concealment of a sexually transmissible disease existing at the
time of marriage.
o Concealment of drug addiction, habitual alcoholism, or
homosexuality/lesbianism existing at the time of marriage. No
other misrepresentation or deceit as to character, health, rank,
fortune, or chastity is considered fraud for annulment purposes
(Family Code, Art. 46; Civil Code, Art. 86; Republic of the
Philippines v. Villacorta (2021)).
4. Force, Intimidation, or Undue Influence
If consent was obtained by force, intimidation, or undue influence,
unless, after the cause ceased, the party freely cohabited with the
other as husband or wife.
5. Vitiated consent as a ground for annulment of marriage There is
vitiation of consent when:
GR: Consent of either party was obtained by force, intimidation or
undue influence. Force or violence - "There is violence when, in order
to wrest consent, serious or irresistible force is employed."
Intimidation - "There is intimidation when one of the contracting
parties is compelled by a reasonable and well- grounded fear of an
imminent and grave evi! upon his person or property, or upon the
person or property of his spouse, descendants, or ascendants, to give
his consent" (NCC, Art. 1335, par. 2,). Undue influence - control over
one's will
XPN: However, if the same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband and wife.
A threat to enforce one's claim through competent authority however,
if the claim is just or legal, does not vitiate consent. Impotence or
physical incapacity Impotence (impotentia copulandi) refers to lack of
power of copulation and not to mere sterility (impotentia genrandi)
which refers to ability to procreate. The test is not the capacity to
reproduce, but the capacity to copulate (Paras, 2008).
Although impotency carries with it sterility, a sterile person is not
necessarily impotent. (Paras, 2016)
6. Physical Incapacity
If either party was physically incapable of consummating the marriage,
and such incapacity continues and appears to be incurable.
Requisites for impotence to be a ground for annulmert of marriage
1. Exists at the time of the Celebration of marriage;
2. Permanent (does not have to be absolute);
3. Incurable;
4. Unknown to the other spouse; and,
The other spouse must not also be Impotent.
7. Serious Sexually Transmissible Disease
If either party was afflicted with a serious and apparently incurable
sexually transmissible disease at the time of marriage (Republic of the
Philippines v. Manalo (2018)).
B. Additional Notes
Cohabitation as a Bar: In most cases, if the party seeking annulment
freely cohabited with the other after discovering the ground (e.g., after
learning of the fraud or after the force ceased), the right to annulment
is lost.
Distinction from Nullity: Annulment presupposes a marriage that is
valid until annulled, while nullity refers to marriages void from the
beginning (e.g., incestuous marriages, psychological incapacity).
Distinction from Legal Separation: Grounds for legal separation
(e.g., infidelity, violence) do not necessarily entitle a party to
annulment (Carullo-Padua v. Republic (2022); Villalon v. Villalon
(2005)).
5.
GROUND
FOR
RATIFICATIO
ANNULMEN WHO MAY PRESCRIPTIVE LEGAL
N BARS
T (FAMILY FILE PERIOD BASIS
ACTION?
CODE ART.
45)
Party whose
parent/guardia
Lack of n did not
parental consent 5 years after Family Code
Yes, if party
consent (within 5 years attaining age 21 (for (1987), A.M.
freely cohabits
(either party after turning party); before age 21 No. 02-11-10-
after 21
18-21 years 21); or (for parent/guardian) SC
old) parent/guardia
n before party
turns 21
Sane spouse
who had no
knowledge;
any Any time before
Insanity relative/guardi death of either party Yes, if Family Code
(existing at an of insane (for cohabitation (1987), A.M.
time of spouse; insane relatives/guardian); after regaining No. 02-11-10-
marriage) spouse during during lucid interval sanity SC
lucid interval (for insane spouse)
or after
regaining
sanity
Fraud Injured party 5 years after Yes, if Family Code
discovery of fraud cohabitation (1987), A.M.
after discovery No. 02-11-10-
GROUND
FOR
RATIFICATIO
ANNULMEN WHO MAY PRESCRIPTIVE LEGAL
N BARS
T (FAMILY FILE PERIOD BASIS
ACTION?
CODE ART.
45)
SC
Force, Family Code
5 years from time Yes, if
intimidation, (1987), A.M.
Injured party force/intimidation/un cohabitation
or undue No. 02-11-10-
due influence ceased after cessation
influence SC
Physical
incapacity to
5 years after Family Code
consummate Injured party No
marriage (1987)
marriage
(incurable)
Sexually-
transmissible
5 years after Family Code
disease Injured party No
marriage (1987)
(serious,
incurable)
PRESENCE OF PROSECUTOR
The prosecutor or Solicitor General shall take steps to prevent collusion
between the parties and to take care that evidence is not fabricated oror
suppressed. Even if there is no suppression of evidence, the public
prosecutor has to make sure that the evidence to be presented or laid down
before the court is not fabricated. Only the active participation of the public
prosecutor or the Solicitor General will ensure that the Interest of the State is
represented and protected in proceedings for deciaration of nullity of
marriages by preventing the fabrication or suppression of evidence (FC, Art.
48).
NOTE: The pon-intervention of the prosecuter is not fatal to the validity of
the proceedings in cases where the respondent in a petition for annulment
vehemently opposed the same and where he does not allege that evidence
was suppressed or fabricated by any of the parties (Tuason v. CA, G.R. No.
116607, April 10, 1996).
Collusion - Where for purposes of getting an annulment or nullity decree,
the parties come up with an agreement making it appear that the marriage
is defective due to the existence of any of the grounds for the annulment of
marriage or the declaration of its nullity provided by law and agreeing to
represent such false or non-existent cause of action before the proper court
(Sta. Maria, 2010).
Actions prohibited in annulment and declaration of absolute nullity of
marriage cases
1. Compromise;
2. Confession of judgment;
3. Stipulation of facts;
4. Summary judgment; and
5. Judgment on the pleadings. What the law prohibits is a judgment
based exclusively or mainly on defendant's confession (Ocampo V.
Florenciano, G.R. No. L-13553, February 23, 1960). Thus, stipulation
of facts or confession of judgment if sufficiently supported by other
independent substantial evidence to support the main ground relied
upen, may warrant an annulment or declaration of absolute nullity.
ANNULMENT VS. LEGAL SEPERATION
ASPECT ANNULMENT LEGAL SEPARATION
Marriage remains valid; only
Effect on Marriage is declared void;
separation from bed and board
Marriage parties return to single status
is allowed
Right to Yes, after compliance with
No, parties cannot remarry
Remarry legal requirements
Defects at time of marriage Marital misconduct after
Grounds (e.g., psychological incapacity, marriage (e.g., infidelity,
fraud) violence)
Liquidation and partition of Separation of property; possible
Property
property; delivery of forfeiture of share by guilty
Relations
presumptive legitimes spouse
Mutual support ceases, but
Support Mutual support ceases after
court may order support for
Obligations final judgment
innocent spouse
Children’s Children conceived before
Children remain legitimate
Status annulment are legitimate
Q: Which of the following remedies (Declaration of nullity of marriage,
Annulment of marriage, Legal separation, and/or Separation of
property) can aggrevied spouse avail himself/herself of?
1. If the wife discovers after the marriage that her husband has
"AIDS"?
ANNULMENT OF MARRIAGE
Since AIDS is a serious and incurable sexually transmissible disease,
the wife may file an action
for annulment of the marriage on this ground whether such fact was
concealed or not from the wife, provided that the disease was
present at the time of the marriage. The marriage is voidable even
though the husband was not aware that he had the disease at the
time of marriage.
2. If the wife goes abroad to work as a nurse and refuses to come
home after the expiration of her three-year contract there?
SEPARATION OF PROPERTY
If the wife refuses to come home for three (3) months from the
expiration of her contract, she is presumed to have abandoned the
husband and he. may file an action forjudicial separation of
property.Ifthe refusal continues for more than one year from the
expiration of her contract, the husband may file the action for legal
separation under Art. 55, par. 10 of the FC on the ground of
abandonment of petitioner by respondent without justifiable cause
for more than one year. The wife is deemed to have abandoned the
husband when she leaves the conjugal dwelling without any
intention of returning (FC, Art. 101). The intention not to return
cannot be presumed during the 3-year period of her contract.
3. If the husband discovers after the marriage that his wife has been a
prostitute before they got married?
NONE
If the husband discovers after the marriage that his wife was a
prostitute before they got married, he has no remedy. No
misrepresentation or deceit as to character, health, rank, fortune or
chastity sha!l constitute fraud as legal ground for an action for the
annulment of marriage (FC, Art. 46).
4. If the husband has a serlous affair with his secretary and refuses to
stop notwithstanding advice from relatives and friends?
LEGAL SEPARATICN
The wife may file an action for legal bseparation. The husband's
sexual infidelity is a ground for legal separation (FC, Art. 55). She
may also file an action for judicial separation of property for failure
of her husband to comply with his marital duty of fidelity [FC, Art.
135(4), Art. 101].
5. If the husband beats up his wife every time he comes home drunk?
LEGAL SEPARATION, AND SEPARATION OF PROPERTY
The wife may file an action for legal separation on the ground of
repeated physical violence on her person [FC, Art. 55(1)]. She may
also file an action forjudicial separation of property for failure of the
husband to comply with his marital duty of mutua! respect [FC, Art.
135(4), Art. 101]. She may also file an action for declaration of
nullity of the marriage if the husband's behavior constitutes
psychological incapacity existing at the time of the celebration of
marriage.
