Article 55 of the Family Code: Grounds for legal separation
Status: In force
What does Article 55 say?
A petition for legal separation may be filed on any of the following grounds:
(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.
For purposes of this Article, the term “child” shall include a child by nature or by adoption.
What does it mean in plain language?
Article 55 lists ten grounds for legal separation. They include repeated physical violence or grossly abusive conduct, pressure to change religion or politics, attempts to push the petitioner or a child into prostitution, a final sentence of imprisonment of more than six years, drug addiction or habitual alcoholism, lesbianism or homosexuality, a bigamous marriage, sexual infidelity or perversion, an attempt on the petitioner's life, and abandonment without justifiable cause for more than one year.
Legal separation is not annulment. After a decree, the spouses may live apart and their property regime is dissolved, but they stay married. Under Article 63(1), "the marriage bonds shall not be severed", so neither spouse may remarry.
The grounds of legal separation are different in kind from annulment grounds. An annulment ground under Article 45 must exist at the time of the marriage. The grounds of Article 55 are acts and situations of the respondent spouse, such as infidelity or abandonment, that can happen during the marriage.
How does it work in real life?
Lorna: a husband gone for two years
Lorna's husband left the family home in 2023 and has not returned or given a reason. By 2025 he has been gone for more than one year without justifiable cause. This can fit Article 55(10). Lorna must file within five years from the time of the occurrence of the cause (Article 57).
Ramil: an affair that he forgave
Ramil found out about his wife's affair, a case of sexual infidelity under Article 55(8). He forgave her and they reconciled for several years. He later wants to file for legal separation on the same affair. Under Article 56(1), a petition is denied where the aggrieved party has condoned the offense. Whether his acts amounted to condonation is for the court to decide on the evidence.
Edna: a sentence of eight years
Edna's husband is sentenced by final judgment to eight years of imprisonment. The sentence is more than six years, so Article 55(4) applies, even if he is later pardoned.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Legal separation is a court case. It cannot be tried until six months after the petition is filed (Article 58), and the court must first take steps toward reconciliation (Article 59).
- No decree can rest only on what the spouses agree on or admit, and a public prosecutor takes part (Article 60).
- After filing, the spouses may live separately, and if there is no written agreement, the court designates either spouse or a third person to administer the common property (Article 61).
- Violence against a woman or her child may also be covered by a separate law, Republic Act No. 9262; see how to file a VAWC case.
- For the grounds, deadlines and effects together, see what are the grounds for legal separation? and annulment vs nullity vs legal separation.
What are the ten grounds for legal separation?
This is the full list as stored from the Supreme Court E-Library:
A petition for legal separation may be filed on any of the following grounds: (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.
For purposes of this Article, the term “child” shall include a child by nature or by adoption.
In plain words:
- Repeated violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner. "Repeated" matters: the article speaks of repeated physical violence.
- Violence or moral pressure to force the petitioner to change religious or political affiliation.
- Prostitution: the respondent tried to corrupt or induce the petitioner or a child to engage in prostitution, or connived in it.
- Prison sentence: a final judgment sentencing the respondent to imprisonment of more than six years, even if the respondent was later pardoned.
- Drug addiction or habitual alcoholism of the respondent.
- Lesbianism or homosexuality of the respondent, as the article words it.
- A bigamous marriage contracted by the respondent, in the Philippines or abroad.
- Sexual infidelity or perversion.
- An attempt on the petitioner's life by the respondent.
- Abandonment of the petitioner by the respondent without justifiable cause for more than one year.
For this article, "child" includes a child by nature or by adoption.
Who files, and against whom?
The petition is filed by the spouse who suffered the act (the "petitioner") against the spouse who committed it (the "respondent"). Most grounds describe acts or conditions of the respondent. The petition is denied when both parties have given ground for legal separation (Article 56(4)).
When is a petition for legal separation denied?
Even if a ground is proven, Article 56 says the court denies the petition when:
- the aggrieved spouse condoned (forgave) the act;
- the aggrieved spouse consented to it;
- the spouses connived in the act that is the ground;
- both spouses gave a ground for legal separation;
- the spouses colluded to obtain the decree; or
- the action is barred by prescription, that is, it was filed more than five years after the cause occurred (Article 57).
Which Supreme Court rulings are relevant?
Frequently asked questions
Is infidelity a ground for legal separation?
Yes. Article 55(8) lists sexual infidelity or perversion. It is not a ground for annulment, because annulment grounds must exist at the time of the marriage.
Can I remarry after legal separation?
No. Legal separation lets the spouses live apart, but under Article 63(1) the marriage bonds are not severed. Neither spouse may marry someone else.
How long must my spouse be gone for abandonment to count?
More than one year, without justifiable cause. Article 55(10) speaks of abandonment of the petitioner by the respondent without justifiable cause for more than one year.
Does violence against our child count, or only against me?
Both. Article 55(1) covers repeated physical violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner. For this article, child includes a child by nature or by adoption.
Is there a deadline to file for legal separation?
Yes. Article 57 says the action must be filed within five years from the time of the occurrence of the cause. A petition barred by prescription is denied (Article 56(6)).
Can a petition be denied even if the ground is proven?
Yes. Article 56 lists six cases, such as when the aggrieved spouse condoned or consented to the act, when both spouses gave a ground, or when the action has prescribed.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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