Legal

Separation
Introduction:

During Japanese
Occupation, A new law on
divorce, E.O 141, had
been passed providing ten
grounds for divorce.

Distinguished between Legal

Separation and Divorce:
Divorce
dissolves the
prior marriage
and a person
can marry
again.

E.O 141 was effective until

October 23, 1944. The
reason was the reestablishment of
Commonwealth

Legal Separation the

parties prohibited living
together but the marriage is
not dissolved.
Brief History of Divorce and
Legal Separation of the
Philippines
During the Spanish Regime,
Actthe
2710, was repealed by
the law on divorce in
R.A 386 which only allows
Philippines was Siete
legal separation. The
Partidas which only allowed
of this act had
legal separation. Butprovisions
the
an
absolute
divorce, but it
provision of the Civil Code
was removed and
of Spain on Divorce were
substituted only by Legal
suspended by Gov. Gen.
Separation. The removal
Wyler
of absolute divorce

Act No. 2710, absolute

divorce law, was passed by
Philippine Legislature on
March 11, 1917, which only
allows for two grounds: (1)
Adultery on the part of the
wife, (2) Concubinage on the
part of the husband.

Family Code also

doesnt allow the
absolute divorce
except Article 26 (2).
But it has expanded

Distinguished between Legal

Separation and Separation of
Property:
1.) Legal Separation prohibited
the parties to live together,
and also suspended their
properties. On the other
hand, Separation of
Property suspended their
absolute community of
property or conjugal
property.
2.) Legal Separation does not
granted by mere agreement
of the parties. On the other
hand, Separation of
Property can be effected by
agreement of the party,
subject to court permission.

Grounds for Legal Separation:

Article 55 A petition for legal
separation may be filed on any of
the following grounds: (RPC Final
BSAA)
(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)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.