Distinguish from Annulment; from absolute divorce

Divorce means a dissolution of the bond of matrimony, based on the theory of a valid marriage for some causes arising
after the marriage.
Annulment proceeding is maintained upon the theory that for some cause existing at the time of the marriage ceremony,
the marriage is terminable.

Grounds for Legal Separation

Art. 55. 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. (9a)

De Ocampo vs. Florenciano

107 Phil 35

FACTS:

Jose de Ocampo and Serafina Florenciano were married in 1938. They begot several children who are not living with
plaintiff. In March 1951, latter discovered on several occasions that his wife was betraying his trust by maintaining
illicit relations with Jose Arcalas. Having found out, he sent the wife to Manila in June 1951 to study beauty culture
where she stayed for one year. Again plaintiff discovered that the wife was going out with several other man other than
Arcalas. In 1952, when the wife finished her studies, she left plaintiff and since then they had lived separately. In June
1955, plaintiff surprised his wife in the act of having illicit relations with Nelson Orzame. He signified his intention of
filing a petition for legal separation to which defendant manifested conformity provided she is not charged with adultery
in a criminal action. Accordingly, Ocampo filed a petition for legal separation in 1955.
ISSUE:
Whether the confession made by Florenciano constitutes the confession of judgment disallowed by the Family Code.

HELD:
Florenciano’s admission to the investigating fiscal that she committed adultery, in the existence of evidence of adultery
other than such confession, is not the confession of judgment disallowed by Article 48 of the Family Code. What is
prohibited is a confession of judgment, a confession done in court or through a pleading. Where there is evidence of
the adultery independent of the defendant’s statement agreeing to the legal separation, the decree of separation should
be granted since it would not be based on the confession but upon the evidence presented by the plaintiff. What the
 law prohibits is a judgment based exclusively on defendant’s confession. The petition should be granted based on the
second adultery, which has not yet prescribed.

Procedural Matters
Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of
the petition. (103)

Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)

LUCY SOMOSA-RAMOS vs. VAMENTA

Facts:

Petitioner Lucy Samosa- Ramos filed for legal separation on the ground of concubinage on the part of respondent
Clement Ramos. She also sought for the issuance of a writ of preliminary mandatory injunction for the return of her
paraphernal exclusive property. The hearing on the motion was opposed by respondent Ramos alleging that if the
motion for P.I. were heard, the prospect of reconciliation of the spouses would become even dim. Respondent Judge
Vamonte, thereafter, granted respondent Ramos to suspend the hearing of the petition. Hence, the petition.

Issue:

Whether or not, Article 103 of the New Civil Code prohibiting the hearing for an action for legal separation before the
lapse of six months from filing of the petition, would likewise preclude the court from acting on the petition for
preliminary mandatory injunction applied for as an ancillary remedy to such suit.

Ruling:

No. The court where the action is pending according to Article 103 is to remain passive. It must let the parties alone
in the meanwhile. It is precluded from hearing the suit. There is then some plausibility for the view of the lower court
that an ancillary motion such as one for preliminary mandatory injunction is not to be acted on. If it were otherwise,
there would be a failure to abide by the literal language of such codal provision; that the law, however, remains
cognizant of the need in certain cases for judicial power to assert itself is discernible from what is set

RA 9262

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same room with
the abuser;
 b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money
or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social
context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to
receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of
the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.
Art. 60. 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. (101a)

Effects of Filing
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each
other.

The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall
have the same powers and duties as those of a guardian under the Rules of Court. (104a)

Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the
support of the spouses and the custody and support of the common children. (105a)

Effects of Decree
Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be
severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending
spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of
Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse
shall be revoked by operation of law. (106a)

Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by
him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the
registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification
thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of
legal separation become final. (107a)

Reconciliation
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be
filed with the court in the same proceeding for legal separation. (n)

Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:

(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
 (2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of
the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former
property regime.

The court's order containing the foregoing shall be recorded in the proper civil registries. (108a)

Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be executed
under oath and shall specify:

(1) The properties to be contributed anew to the restored regime;

(2) Those to be retained as separated properties of each spouse; and

(3) The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order,
take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.

The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. (195a, 108a)

B. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render
mutual help and support. (109a)

Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid
and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible
with the solidarity of the family. (110a)

Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other
conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits
of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be
satisfied from the separate properties. (111a)

Art. 71. The management of the household shall be the right and the duty of both spouses. The expenses for such
management shall be paid in accordance with the provisions of Article 70. (115a)

Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (116a)

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of
the other. The latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper, and

(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the
objection, the resulting obligation shall be enforced against the separate property of the spouse who has not
obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (117a)
REPUBLIC v. MOLINA

FACTS:

Roridel and Reynaldo were married on April 14, 1985 in Manila and bore a son. A year after the marriage, Reynaldo
showed signs of “immaturity and irresponsibility”. In October 1986, the couple had a very intense fight which
estranged their relationship. On August 16, 1990, Roridel filed a petition for declaration of nullity of her marriage to
Reynaldo contending that the latter is psychologically incapable of complying with essential marital obligations.
Petitioner argues that “opposing and conflicting personalities” is not equivalent to psychological incapacity.

ISSUE:

Does opposing or conflicting personalities constitute to or is equivalent to psychological incapacity as defined in

Article 36 of the Family Code?

HELD:

Psychological incapacity must be characterized by gravity, juridical antecedence, and incurability. The evidence
adduced by respondent merely showed that she and her husband could not get along with each other. There was no
showing of the gravity of the problem; neither its juridical antecedence nor its incurability. The court further laid
down the following guidelines in the interpretation and application of Article 36 of the Family Code:

1) The burden of proof belongs to the plaintiff;

2) The root cause psychological incapacity must be medically or clinically identified, alleged in the complaint
and proven by experts;
3) The incapacity must be proven to be existing at the “time of the celebration”;
4) The incapacity must be incurable or permanent;
5) Such illness must be grave enough;
6) The essential marital obligations are those embraced by Articles 68-71 and Articles 220, 221, and 225 of the
Family Code;
7) The interpretations given by the National Appellate of Tribunal of the Catholic Church in the Philippines
should be given great respect by our courts; and
8) The court must order the fiscal and the Solicitor General to appear as counsel for the State and the Solicitor
General must issue a certification stating his reasons for his agreement or opposition

On these grounds, the decision of RTC and CA declaring the marriage null and void ab initio is reversed and set aside

Pelayo vs. Lauron

FACTS:

Petitioner Pelayo, a physician, rendered a medical assistance during the child delivery of the daughter-in-law of the
defendants. The just and equitable value of services rendered by him was P500.00 which the defendants refused to
pay without alleging any good reason. With this, the plaintiff prayed that the judgment be entered in his favor as
against the defendants for the sum of P500.00 and costs.

The defendants denied all of the allegation of the plaintiff, contending that their daughter-in-law had died in
consequence of the child-birth, and that when she was alive, she lived with her husband independently and in a
separate house, that on the day she gave birth she was in the house of the defendants and her stay there was accidental
and due to fortuitous circumstances.

ISSUE:

Whether or not the defendants are obliged to pay the petitioner for the medical assistance rendered to their daughter-
in-law.
 HELD:

According to Article 1089 of the Old Civil Code (now 1157), obligations are created by law, by contracts, by quasi-
contracts, by illicit acts and omissions or by those which any kind of fault or negligence occurs. Obligations arising
from law are not presumed. Those expressly determined in the Code or in special law, etc., are the only demandable
ones.

The rendering of medical assistance in case of illness is comprised among the mutual obligations to which the spouses
are bound by way of mutual support as provided by the law or the Code. Consequently, the obligation to pay the
plaintiff for the medical assistance rendered to the defendant’s daughter-in-law must be couched on the husband.

In the case at bar, the obligation of the husband to furnish his wife in the indispensable services of a physician at such
critical moments is especially established by the law and the compliance therewith is unavoidable.

Goitia vs. Campos-Rueda

FACTS:

Luisa Goitia y de la Camara, petitioner, and Jose Campos y Rueda, respondent, were married on January 7, 1915 and
had a residence at 115 Calle San Marcelino Manila. They stayed together for a month before petitioner returned to
her parent’s home. Goitia filed a complaint against respondent for support outside the conjugal home. It was alleged
that respondent demanded her to perform unchaste and lascivious acts on his genital organs. Petitioner refused to
perform such acts and demanded her husband other than the legal and valid cohabitation. Since Goitia kept on
refusing, respondent maltreated her by word and deed, inflicting injuries upon her lops, face and different body parts.
The trial court ruled in favor of respondent and stated that Goitia could not compel her husband to support her except
in the conjugal home unless it is by virtue of a judicial decree granting her separation or divorce from respondent.
Goitia filed motion for review.

ISSUE:

Whether or not Goitia can compel her husband to support her outside the conjugal home.

HELD:

The obligation on the part of the husband to support his wife is created merely in the act of marriage. The law
provides that the husband, who is obliged to support the wife, may fulfill the obligation either by paying her a fixed
pension or by maintaining her in his own home at his option. However, this option given by law is not absolute. The
law will not permit the husband to evade or terminate his obligation to support his wife if the wife is driven away
from the conjugal home because of his wrongful acts. In the case at bar, the wife was forced to leave the conjugal
abode because of the lewd designs and physical assault of the husband, she can therefore claim support from the
husband for separate maintenance even outside the conjugal home.

C. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Art. 74. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements executed before the marriage;

(2) By the provisions of this Code; and

 (3) By the local custom. (118)

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal
partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or
when the regime agreed upon is void, the system of absolute community of property as established in this Code shall
govern. (119a)

Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (121)

Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed
before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local
civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)

Art. 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but
they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the
agreement, subject to the provisions of Title IX of this Code. (120a)

Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction
has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a
competent court to be made a party thereto. (123a)

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be
governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and
executed in the country where the property is located; and

(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property
situated in a foreign country whose laws require different formalities for its extrinsic validity. (124a)

Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a
future marriage, including donations between the prospective spouses made therein, shall be rendered void if the
marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be
valid. (125a)

Chapter 2. Donations by Reason of Marriage

Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the
same, and in favor of one or both of the future spouses. (126)

Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the following articles. (127a)

Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate
to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be
considered void.

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of
wills. (130a)

Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of
the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not
be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be
entitled to the excess. (131a)
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on
donations in general. (132a)

Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage
shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a)