When Can a Court Deny Legal Separation?
Quick answer
A court must deny a petition for legal separation, even if a ground is proven, in six situations listed in Article 56 of the Family Code: the offended spouse forgave the act, consented to it, or connived in it; both spouses gave grounds; the spouses colluded to get the decree; or the five-year deadline has passed. Because legal separation involves public interest, the court also checks on its own that the spouses are not simply agreeing to it.
What does Article 56 say?
Article 56 reads:
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.
"Shall be denied" means the court has no choice once one of these is shown. The grounds for legal separation themselves are in Article 55: see Grounds for legal separation.
What is condonation?
Condonation is forgiveness. In Bugayong v. Ginez (1956), the Supreme Court defined it as "the forgiveness of a marital offense constituting a ground for legal separation". In that case, 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 adopted the rule that a single voluntary act of marital intercourse between the spouses ordinarily is enough to constitute condonation. The dismissal of his petition stood.
Bugayong applied the Civil Code, which had a similar rule. Article 56(1) of the Family Code carries condonation forward as a ground for denial.
What are consent and connivance?
- Consent (Article 56(2)): the aggrieved spouse "consented to the commission of the offense or act complained of".
- Connivance (Article 56(3)): there was "connivance between the parties in the commission of the offense or act" that is the ground.
The Family Code does not define these words further, and no ruling read for this page applies them, so this page gives the text only.
What if both spouses are at fault?
The petition is denied (Article 56(4)). In Brown v. Yambao (1957), the Court found two grounds for denying the remedy: the petitioner had committed a similar offense, and the action had prescribed. The Court said that with "at least two well established statutory grounds for denying the remedy sought", it did not need to go further.
What is collusion?
In Brown v. Yambao, the Court adopted this definition: "the act of married persons in procuring a divorce by mutual consent, whether by preconcerted commission by one of a matrimonial offense, or by failure, in pursuance of agreement to defend divorce proceedings." In simple words, the spouses agree between themselves to get the decree, for example by staging an offense or by one of them agreeing not to defend.
The Family Code guards against it:
No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.
In Pacete v. Carriaga (1994), the Court nullified the proceedings and the decision in a legal separation case. It quoted the rule then in force, titled "No defaults in actions for annulments of marriage or for legal separation": if the defendant does not answer, the court orders the prosecuting attorney to investigate whether there is collusion.
What is the deadline?
Five years:
An action for legal separation shall be filed within five years from the time of the occurrence of the cause.
A petition filed later is barred by prescription under Article 56(6). In Brown v. Yambao, the Court said courts can take notice of prescription even if the defending spouse does not raise it, "because actions seeking a decree of legal separation, or annulment of marriage, involve public interest". That case applied the shorter deadlines of the old Civil Code; the Family Code deadline is the five years in Article 57.
Why must the court wait six months?
An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition.
In Pacete v. Carriaga, the Court said this gives the spouses a "cooling-off" period, during which "the court should take steps toward getting the parties to reconcile."
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Carla and Dino. Carla learns that 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 (Article 56(1); Bugayong v. Ginez).
Ana and Rey. Ana and Rey both want to separate and agree that Rey will not contest Ana's petition. If the court finds this was an agreement to obtain the decree, it must deny the petition for collusion (Article 56(5)).
Mila. Mila learns today that her husband had an affair six years ago. Article 57 counts the five years from the time the cause occurred, so a petition based on that affair, filed now, can be denied as barred by prescription (Article 56(6)).
When do you need a lawyer?
Legal separation is a court case, and the defenses in Article 56 depend closely on the facts and the dates. Talk to a lawyer before filing, especially if you reconciled at any point, if both of you have committed acts that could be grounds, or if the cause happened several years ago. A lawyer can also explain whether a different case, such as nullity or annulment, fits your situation.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What are the defenses in a legal separation case?
Article 56 of the Family Code lists six: the aggrieved spouse condoned the act, consented to it, connived in it, both spouses gave grounds, the spouses colluded to obtain the decree, or the action has prescribed.
What is condonation in legal separation?
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 found it where the spouses lived together as husband and wife after the husband learned of the alleged infidelity.
Can a spouse who also cheated file for legal separation?
Article 56(4) says the petition shall be denied where both parties have given ground for legal separation. In Brown v. Yambao (1957), the Court denied the remedy partly because the petitioner had committed a similar offense.
What is the deadline 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 petition filed later is barred by prescription under Article 56(6).
Can the court raise prescription even if the other spouse does not?
In Brown v. Yambao (1957), the Court said yes: actions for legal separation involve public interest, so courts can take cognizance of prescription even if the defending spouse did not raise it.
Can the spouses simply agree to a legal separation?
No. Article 60 says no decree shall be based on a stipulation of facts or a confession of judgment, and the court orders the prosecutor to take steps to prevent collusion. Collusion is a ground for denial under Article 56(5).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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