Mutually at fault or in pari delicto, A56(4) Family Code
1. Concept
In pari delicto– is “Latin for ‘in equal fault”in equal fault,’ in pari delicto connotes that two or more people are at fault or are guilty…” (Constantino v. Heirs of Pedro Constantino, Jr., G.R. No. 181508, October 2, 2013, Per Perez, J.)
2. Mutually at fault or in pari delicto
Art. 56. The petition for legal separation shall be denied on any of the following grounds:
x x x
(4) Where both parties have given ground for legal separation; x x x
1) Both parties have giving ground for legal separation, i.e. mutually at fault or in pari delicto, is a ground for denying legal separation.
2) A court will not grant a legal separation if both spouses are guilty of committing serious offenses that could each independently justify legal separation. In other words, when both parties have wronged each other, neither can claim to be the sole aggrieved spouse deserving legal protection. The law aims to protect a truly innocent party—not someone who has also committed equally grave violations of marital obligations. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 18 April 2025])
3. Examples
Example 1 – Lorenzo and Camille:
Lorenzo physically abused Camille on several occasions, while Camille engaged in an extramarital affair for over a year. Later, Camille filed for legal separation due to Lorenzo’s violence. However, because both spouses committed serious offenses—Lorenzo’s abuse and Camille’s infidelity—the court may deny the petition since neither spouse holds the moral high ground. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 2 – Victor and Helena:
Victor left Helena and lived with another woman, abandoning his family responsibilities. In retaliation, Helena began [physically hurting and] threatening Victor [repeatedly] and [even] destroying his property. When Victor later filed for legal separation on the basis of Helena’s violent behavior, the court might reject his petition, as both spouses had given sufficient grounds for separation through their own wrongful acts. (Ibid.)
Example 3 – Elena and Patrick:
Patrick habitually gambled away the couple’s savings, while Elena consistently neglected their children and engaged in verbal abuse [as she habitually drunk alcohol]. When Elena eventually filed for legal separation, claiming Patrick’s gambling as the reason, the court could deny it. Both had committed serious breaches of marital duty, making neither of them eligible for legal separation on the ground of the other’s misconduct. (Ibid.)
