Art. 99. The absolute community terminates: x x x (2) When there is a decree of legal separation; x x x Related: Legal Separation, A56 Family Code 1) The absolute community of property — a legal setup where all properties acquired during the marriage are commonly owned by both spouses — officially ends when a…
1. Concept Revoke – means “to annul by recalling or taking back”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/revoke [Accessed: 17 April 2025]) 2. Effects of Decree of Legal Separation, A63-64 Family Code 1) Live separately, but marriage bonds not severed Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall…
1. Concept Reconciling – means “to restore to friendship or harmony”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/reconciling [Accessed: 17 April 2025]) 2. Procedural a. Joint Manifestation 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….
1. Procedural a. Cooling-off period: 6 months 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) (E.O. 209 [s. 1987], Family Code) 1) 6-month cooling off period – in the context of legal separation, refers to the mandatory…
1. Concept Prescription – refers to a claim having prescribed, which means that the claim is “invalid or unenforceable” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/prescribe [Accessed: 18 April 2025]) 2. Prescription Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (6) Where the action is barred…
1. Concept Collusion – • … refers to a “secret agreement or cooperation especially for an illegal or deceitful purpose”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/collusion [Accessed: 17 April 2025]) • … in divorce or legal separation means the agreement… “between husband and wife for one of them to commit, or to appear to commit, or…
1. Concept Connivance – refers to “the act of conniving”, which means “to cooperate secretly or have a secret understanding” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/conniving [Accessed: 17 April 2025]) 2. Connivance Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (3) Where there is connivance…
1. Concept Consent – means “to give assent or approval”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/consent [Accessed: 18 April 2025]) 2. Consent Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (2) Where the aggrieved party has consented to the commission of the offense or act…
1. Concept Condonation – refers to forgiveness; “implied pardon of an offense by treating the offender as if it had not been committed” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/condonation [Accessed: 17 April 2025]) 2. Condonation Art. 56. The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party…
1. Concept Abandonment – • refers to “abandonment without justifiable cause for more than one year.” (Ong v. Ong, G.R. No. 153206, 23 October 2006, Per Austria-Martinez, J.) 2. Abandonment without justifiable cause for more than 1 year Art. 55. A petition for legal separation may be filed on any of the following grounds: x…