Article 56 of the Family Code: Grounds to deny legal separation
Status: In force
What does Article 56 say?
The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation; or
(6) Where the action is barred by prescription.
What does it mean in plain language?
Article 56 of the Family Code lists six situations where a court must deny a petition for legal separation, even if a ground under Article 55 exists. They are condonation, consent, connivance, both spouses being at fault, collusion, and prescription. Legal separation is for a spouse who did not forgive, allow or share in the wrong, and who filed on time.
How does it work in real life?
Carla and Dino: forgiven, then filed
Carla learns that her husband Dino had an affair. They reconcile and live together again as husband and wife. If she later files for legal separation based on that affair, the court may deny it for condonation under Article 56(1).
Ed and Mila: both unfaithful
Ed files for legal separation because of Mila's affair, but Ed has a relationship of his own that is also a ground under Article 55. Under Article 56(4), the petition may be denied because both parties have given ground.
Joan: six years later
Joan files for legal separation six years after the act she complains of. Article 57 allows five years from the occurrence of the cause, so the action is barred by prescription under Article 56(6).
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?
- The grounds for legal separation are in Article 55; see also grounds for legal separation.
- For the effects of a decree, see Article 63.
- For how legal separation differs from annulment, see annulment vs legal separation.
- Whether a defense applies depends on the evidence in each case.
What does Article 56 say?
The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party has condoned the offense or act complained of; (2) Where the aggrieved party has consented to the commission of the offense or act complained of; (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; (4) Where both parties have given ground for legal separation; (5) Where there is collusion between the parties to obtain decree of legal separation; or (6) Where the action is barred by prescription.
What does each ground mean?
| Ground | In plain words |
|---|---|
| (1) Condonation | The aggrieved spouse forgave the act after it happened. |
| (2) Consent | The aggrieved spouse agreed to the act before it happened. |
| (3) Connivance | The spouses worked together in committing the act that is the ground. |
| (4) Both at fault | Each spouse has given a ground for legal separation. |
| (5) Collusion | The spouses agreed between themselves to obtain the decree. |
| (6) Prescription | The petition was filed too late. |
How have courts applied these grounds?
The leading decisions applied the older Civil Code, whose rule on condonation, consent, offenses by both spouses and collusion the Family Code carried forward in Article 56. They still explain the terms:
- Condonation. In Bugayong v. Ginez (1956), the Court defined condonation as the forgiveness of a marital offense constituting a ground for legal separation. After hearing of his wife's alleged infidelity, the husband looked for her, and they lived together as husband and wife for two nights and one day. The Court held this was condonation, and the dismissal of his petition stood.
- Both at fault and collusion. In Brown v. Yambao (1957), the husband had himself committed a similar offense, and the Court denied his petition. It described collusion as married persons procuring a decree by mutual consent, for example by agreeing that one will commit an offense or that the other will not defend the case.
- Prescription raised by the court. In the same case, the wife never invoked prescription, but the Court held that courts can take notice of it on their own, because these cases involve public interest.
The Civil Code periods discussed in Brown v. Yambao are not the current rule. Under the Family Code, the period is in Article 57.
What do Articles 57, 58 and 60 add?
- Five years to file. Article 57: the action shall be filed within five years from the time of the occurrence of the cause.
- Six months before trial. Article 58: the case shall in no case be tried before six months have elapsed since the filing of the petition. In Pacete v. Carriaga (1994), the Court called this a cooling-off period, during which the court should take steps toward getting the parties to reconcile.
- No decree by agreement. Article 60: no decree shall be based on a stipulation of facts or a confession of judgment, and the court orders the prosecuting attorney to take steps to prevent collusion and to make sure the evidence is not fabricated or suppressed. In Pacete, the trial court had declared the defendants in default and decreed legal separation. The Supreme Court held that the default order was not legally sanctioned in such a case, and it nullified the proceedings and the decision.
Frequently asked questions
When will a court deny a petition for legal separation?
Article 56 of the Family Code lists six grounds: the aggrieved party condoned the act, consented to it, there was connivance, both parties gave ground for legal separation, there was collusion to obtain the decree, or the action is barred by prescription.
What is condonation?
It is forgiveness of the marital offense. In Bugayong v. Ginez (1956), the Supreme Court defined condonation as the forgiveness of a marital offense constituting a ground for legal separation, and held that the husband condoned it when the spouses lived together as husband and wife for two nights and one day after he heard of the alleged infidelity.
What if both spouses were unfaithful?
Article 56(4) says the petition shall be denied where both parties have given ground for legal separation. In Brown v. Yambao (1957), the petition was denied in part because the husband had committed a similar offense.
How long do you have to file for legal separation?
Article 57 says the action shall be filed within five years from the time of the occurrence of the cause. A late action is barred by prescription, which is the sixth ground for denial in Article 56.
Can the spouses simply agree to a legal separation?
No. Collusion between the parties to obtain a decree is a ground for denial (Article 56(5)). Article 60 adds that no decree shall be based upon a stipulation of facts or a confession of judgment, and the court orders the prosecutor to take steps to prevent collusion.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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