*moth sees a firefly for the first time* “…no fucking way…”

Essential Requisites latter was in a hurry for another appointment makes the marriage
1. Legal Capacity void.
2. Consent freely given before a SO
Irregularities:
Formal Requisites
1. Authority of the SO a.) Marriage solemnized in a place other than in the church
2. Marriage License or in the chamber of the judge;
3. Marriage Ceremony with the appearance of the b.) Absence of two witnesses who are of legal age;
contracting parties before the solemnizing officer and c.) Issuance of a license in a place where neither of the
their personal declaration that they take each other as parties reside
husband and wife in the presence of not less than two d.) Issuance of a license without the required supporting
witnesses of legal age. papers or documents;
Absence Defect Irregularity f.) Absence of a marriage contract.
Essential VOID AI VOIDABL Shall not g.) Issuance of license despite failure of the party to
E affect the present parental consent or parental advise when
- Lacks Age VOID AI validity of the required;
- Consent not VOIDABLE marriage but
h.) Issuance of license despite absence of posting of
freely given the party
notice and publication;
Formal responsible
- Authority of VOID for it shall be i.) Failure to undergo marriage counselling;
SO civilly, j.) Failure to pay the required fee for marriage license.
- Marriage VOID criminally, &
License administrativ 1. Other than church or chamber
ely liable. 2. No two witnesses
- Marriage VOID 3. No marriage contract
Ceremony 4. No marriage counseling
Irregularities on license
5. Issuance of ML where neither party resides
> Common Law marriages are only recognized in common law 6. Absence of notie or pblicaiton
countries. PH is a civil law country. Thus, it does not recognize
common law marriages.
The Marriage License
> A marriage without a ceremony as the parties were just made to This serves as the authority given by the state to the parties to enter
sign the marriage contract by the solemnizing officer because the into the contract of marriage.

Joesil Dianne C. Sempron

*moth sees a firefly for the first time* “…no fucking way…”

Who can issue? Local Civil Registrar
Where? Either party habitually resides
If it’s issued where neither of the parties is a resident, it does not
render the marriage void. It is considered merely as an irregularity
in the formal requisites for which the Local Civil Registrar can be
held liable.
If he or she was previously married, what should he or she show
instead? (DAD)
 death certificate of the deceased spouse
 judicial decree of the absolute divorce,
 judicial decree of the annulment or declaration of the
nullity of previous marriage

Which parties are required to apply for ML?
 If both are Filipinos
 Both are Filipinos married abroad solemnized by a
consul
 Mixed Marriages
Basically, everyone who intends to get married is required by law to
apply for a marriage license. However, only in the instances of
marriage in articulo mortis, remote place, marital cohabitation,
and Muslim marriages shall this requirement be exempting.
Application for Marriage License
1. The LCR shall require the contracting parties to present
a birth certificate, or in its absence, a baptismal
certificate.
Rationale: to determine legal capacity (age) of the
parties
2. If failed to show, a sworn statement may be presented
instead, stating the name, residence, date of birth attested
by the nearest of kin of the party.
3. Showing of birth certificate or baptismal is not any more
needed IF the parents themselves appear before the
LCR; or
4. When the LCR, by merely looking at the parties, is
convinced that they are of legal age to marry; or
5. When the applicant has been previously married.
PARTIES BETWEEN THE AGES OF 18-21
What is the additional requirement?
Parental CONSENT in this order:
1. Father
2. Mother
3. Surviving parent or guardian
4. Persons having legal charge of them
Absence of Parental Consent renders the marriage: VOIDABLE
PARTIES BETWEEN THE AGES OF 21-25
What is the additional requirement?
Parental ADVICE
If they do not obtain such advice, or if it is unfavorable to them, then
the issuance of a marriage license shall be suspended until after
three months from the publication of petition.
Reason: to further allow the parties to think of their decision to
marry despite the unfavorable preference of their parents on the
marriage.
IN CASES WHERE PARENTAL CONSENT AND ADVICE
ARE REQUIRED
What is the additional requirement?

Joesil Dianne C. Sempron

*moth sees a firefly for the first time*
To undergo Marriage Counseling
Show Certificate of Marriage Counseling
Failure to attach said certificate of marriage counseling shall
suspend the issuance of the marriage license for a period of three
months from the completion of publication of the application.
If the LCR shall issue the marriage license without the attachment of
this certificate, it would not render the marriage invalid, however, the
parties responsible for such issuance may be held liable.
Should only one of the contracting parties need parental consent
or parental advice, the other party is still required to be present
at the marriage counseling.
In summary-
a.) Birth certificate or Baptismal certificate of the parties (Art. 12);
b.) If either of the parties has been previously married, the death certificate
of the deceased spouse or the judicial decree of the absolute divorce,
annulment of marriage or declaration of nullity of marriage (Art. 13);
c.) In case the party is between the ages of 18 and 21, they must present
parental consent (Art. 14);
d.) If the party is between the ages of 21 and 25, parental advice is required
(Art. 15);
e.) Certificate of marriage counseling in cases where parental consent or
parental advice is required (Art. 16).
f.) If a party to the marriage is a foreigner, he must present a certificate of
legal capacity to marry issued by his diplomatic or consular representative
in the Philippines (Art. 21 ).
LOCAL CIVIL REGISTRAR: ITS DUTIES
Procedure of the filing of the marriage license
Joesil Dianne C. Sempron
“…no fucking way…”
What will the LCR prepare? A NOTICE.
Contains:
 the full names,
 residences of the applicants for a marriage license
 other data given in the applications.
How long and where shall it be posted?
 The notice shall be posted for 10 consecutive days
 On a bulletin board
 outside the office of the local civil registrar
 located in a conspicuous place within the building
 and accessible to the general public.
Why?
To make known to the general public of the parties’ application for
marriage. LCR would ask if anyone knows of any legal impediments
existing. Should there be any, the LCR would merely note down the
particulars but shall nonetheless issue said license after the
completion of the period of publication, that is, 10 days after
publication of such notice.
The marriage license shall be valid anywhere in the Philippines
for a period of 120 days. Such date of expiration shall be
stamped in bold letters at the front of the marriage license. If not
used, it will automatically expire. Thus, a marriage celebrated on an
expired marriage license shall render the marriage null and void.
CERTIFICATE OF LEGAL CAPACITY TO MARRY:
Before obtaining a marriage license, if either or both partners are
foreign citizens, they are not anymore required to show a birth or
baptismal certificate. A certificate of the legal capacity to marry is
sufficient.
*moth sees a firefly for the first time*
WHY?
Because they are governed by the laws of their own country.
So, even if Joe is seventeen years old, she is allowed to marry here in
the Philippines if her country of origin allows her to do so.
If both are foreigners, their consul general assigned here in the
Philippines may not require them to obtain a ML if their country
allows so.
THE MARRIAGE CERTIFICATE
The duty of the person solemnizing officer:
1. To furnish either of the contracting parties the original of the
marriage certificate
2. to the LCR: duplicate and triplicate copies of the certificate
not later than 15 days after the marriage
3. Retain in his file: quadruplicate copy of the marriage
certificate, the original of the marriage license
The marriage certificate is the best evidence to prove or establish
the existence marriage.
ABSENCE of a marriage certificate does not render the
marriage invalid as it is neither an essential nor a formal requisite
of marriage.
PRESUMPTION OF VALIDITY
“Semper praesumitur pro patrimonio.”
- Always presume marriage
Joesil Dianne C. Sempron
“…no fucking way…”
Presumption of marriage is favored. Presumptions shall stand unless
contradicted.
 A man and a woman deporting themselves as husband and
wife are presumed to have entered the contract of marriage.
 A man and a woman living together for more than 50 years
are considered married even if no marriage license is shown.
LEX LOCI CELEBRACIONES
If it is valid there, then it is also valid here.
Why? As it is a matter of international comity
But, if it is repugnant to our country’s laws and policy, such
marriage, even if valid in another country, shall not be
considered as valid here, such as:
(18-BIMPAP)
 If the party who is a Filipino is under 18 y.o
 Bigamous or polygamous marriages
 Incestuous marriages
 Mistake of identity
 Psychologically incapacitated party/ies
 Annulled or declared void first marriage, contracts a second
marriage but failed to record the judicial decree with the
LCR
 Public policy, against
Valid there, valid here, but not if against the law here.
A marriage by proxy, if considered valid in the country where it was
celebrated, shall also be considered as valid here in the Philippines.
DIVORCE DECREE OBTAINED BY THE FOREIGN SPOUSE
*moth sees a firefly for the first time*
In case of a mixed marriage, and it is the foreigner spouse who
obtained a divorce abroad against the Filipino spouse, capacitating
him to remarry, the said divorce will be recognized here to capacitate
the Filipino spouse to remarry.
However, in Orbecido, the SC ruled that a divorce decree
obtained by the Filipino wife who is now a U.S. citizen,
against her Filipino husband who continued to live here in the
Philippines, is considered valid.
The divorce decree is not in itself sufficient for remarriage.
Before that Filipino spouse can do so, he must first institute an action
of DECLARATORY RELIEF.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Marriage in articulo mortis/ at the point of death can be solemnized
without a marriage license.
Why?
Because of necessity and practicability during
 in-flight or stopovers by the airplane chief or the ship captain
 in a military zone between a civilian or a staff, solemnized
by the commissioned military commander if the chaplain
assigned to his unit is absent
 or if either or both of the parties is dying. If the ailing party
survives, the marriage remains valid.
What shall the Solemnizing Officer do?
 He shall execute an affidavit before the LCR that
 he took the necessary steps to determine the age and
relationship of the parties;
Joesil Dianne C. Sempron
“…no fucking way…”
 and that he is convinced that they don’t have any legal
impediments to marry.
 The original of the affidavit be shall then be submitted to the
LCR 30 days after the solemnization of the marriage.
Marriage in a far and remote place may be solemnized
without a marriage license.
Why? To encourage the parties to marry and legalize their
relationship instead of cohabiting in an illicit relationship.
Marriages among Muslims or members of ethnic cultural
communities may be solemnized without a marriage license.
Provided, that
 Such solemnization be celebrated in accordance to their
customs, traditions, and rites
 Both must be Muslims or part of a minority. Otherwise,
they are still required to obtain a ML
Marital Cohabitation and its conditions:
It is where the parties have been living together for 5 years without
any legal impediments.
Ratification of Marital Cohabitation
Parties are no longer required of the marriage license. Instead, they
must execute a joint affidavit stating the facts of cohabitation.
This shall replace the ML.
If the affidavit is falsified and allegations were not true, or if the
cohabitation falls short of the 5 year requirement, then such marriage
should be null and void or is void ab initio on the ground of lack of
marriage license.
Present ruling:
*moth sees a firefly for the first time* “…no fucking way…”

There must be no legal impediment during the 5-year period of

cohabitation. The ruling which says that it is enough that no legal
impediments exist at the time of the celebration of marriage is
abandoned.
VOID MARRIAGES
Art. 35- The following marriages shall be void from the beginning:
Thus, if Joe already instituted an action to nullify a marriage on the
ground of psychological incapacity, and the court rendered a decision
which is not favorable to her, and after such decision, she appealed on
yet another ground for a void marriage on lack of marriage license, she
cannot anymore avail of this as she violated the rule on splitting a
cause of action and res judicata. She has deemed waived all defects
of the marriage as she did not include all grounds on the first petition.
The second action was barred, and what ruled was the first decision.

1) Those contracted by any party below eighteen years of age even with the The different grounds of nullity of marriage did not mean different
consent of parents or guardians; causes of action (Mallion vs. Alcantara).
2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had the legal authority
to do so;
VOID VOIDABLE
3) Those solemnized without a license, except those covered by the Cannot be ratified Can be ratified
preceding Chapter; (as it is null and void from the very (valid until annulled, or can be
4) Those bigamous or polygamous marriages not falling under Article 41; beginning) ratified by free cohabitation or
5) Those contracted through mistake of one contracting party as to the prescription of the action.)
identity of the other; and Attacked collaterally Attacked only directly
6) Those subsequent marriages that are void under Article 53. The main issue is not the validity of The issue is mainly the validity of
marriage but its resolution can marriage
determine other issues, such as
VOID MARRIAGES- That which is not valid from its inception.
succession.
(1853- LAMB) Action to annul a void Prescribes after 5 years; if the
1. Below 18 y.o. even if with parent’s consent marriage does not prescribe party continues to cohabit with
2. Without a marriage License the partner even after discovery
3. Persons not legally Authorized unless parties believed in or cessation of issue.
good faith Can be assailed by the parties Can be assailed by the parties,
4. Mistake of identity only interested persons
5. Bigamous or polygamous marriage Can be assailed even after death Assailed only during the lifetime
6. Subsequent marriages void under Art 53 of parties of the parties.
Pari delicto rule does not apply If both parties acted in bad faith
Such grounds can co-exist in one case, provided, that the or at fault, marriage remains
petitioner includes all grounds applicable for nullification of a valid. (Mirisi doctrine applies.)
void marriage.

Joesil Dianne C. Sempron

*moth sees a firefly for the first time*
Notes:
 For the purpose of remarriage, direct attack to the validity of
the prior marriage is necessary.
 Good faith is immaterial in void marriages. For example, if
Joe believed in good faith that she is already 18 years old
and capacitated to marry, when all along she was still 17
years old, the marriage is still rendered void. Good faith is
only material, if either or both of the parties believed in good
faith that the person solemnizing such marriage is authorized
to do so.
 An action for the nullity of a void marriage do not prescribe.
However, if Joe already instituted an action to nullify a
marriage on the ground of psychological incapacity, and the
court rendered a decision which is not favorable to her, and
after such decision, she appealed on yet another ground for a
void marriage on lack of marriage license, she cannot
anymore avail on this as she violated the rule on splitting a
cause of action and res judicata. She has deemed waived
all defects of the marriage as she did not include all grounds
on the first petition. The second action was barred, and what
ruled was the first decision.
“Cannot be ratified”
No amount of waiver, estoppels, or prescription can validate a void
marriage. This is because a void marriage is non-existent.
“Good faith”
Even only one party who acted in good faith is sufficient for the
marriage to be valid. It is in the instance where BOTH of the parties
acted in bad faith should the marriage be rendered void.
Joesil Dianne C. Sempron
“…no fucking way…”
Exceptions:
1. Where either or both of the parties believed in good faith that
the person solemnizing their marriage has the legal capacity
to do so, the marriage will be valid.
2. In subsequent marriages on an absent spouse’s presumptive
death, where the present spouse has established a well
founded belief that, after 4 or 2 years, his or her absent
spouse is already dead; and that the parties of the subsequent
marriage shall act in good faith, then this will render the
marriage valid for all purposes unless it’s subject for
termination when the absent spouse reappears.
BAD FAITH IN PROPERTY DISPOSITION IS MATERIAL
As a general rule, in a void marriage, the property regime is one of
CO-OWNERSHIP.
“Mistake of Identity” does not include where Sil thought Joe was a
prudent woman, where in fact, after marriage, Joe showed her true
colors as one of an immoral person.
“Void Subsequent Marriages under Art 53”
Those persons who have judicially declared the marriage annulled,
and in order for them to validly marry again, they must first
undertake the liquidation, partition, and distribution of their
properties to the delivery of the children’s presumptive legitimes.
Non-compliance of this requirement shall render the subsequent
marriage void.
PSYCHOLOGICAL INCAPACITY
A marriage contracted by any party who is psychologically
incapacitated to perform the essential marital obligations shall deem
*moth sees a firefly for the first time*
the marriage void ab initio even if such incapacities became manifest
after marriage.
The law does not specifically provide for the definition of what PI
means as it left to the courts the decision on a case to case basis.
The ground is restricted on the failure to comply with the essential
marital obligations.
Three essential characteristics
(1.) Juridical antecedent,
(2.) Gravity, and
(3.) Incurability.
It must already be existing at the time of the celebration of the
marriage (Juridical antecedent). It must be a very serious defect
(Gravity), and it is not curable (Incurability).
Psychological incapacity must be existing at the time of the
celebration of marriage, and is deemed accepted as such ground even
if it became manifest after such celebration. Such claim will render
the marriage void. It being a avoid marriage, it cannot be ratified
by cohabitation.
Decisions of the Catholic Church involving psychological
incapacity as a ground to annul the marriage is greatly helpful and
persuasive to our civil courts.
The action can be filed even by the incapacitated party. The law
does not prohibit the guilty party from bringing the action in court as
a void marriage is not ratifiable and the pari delicto rule will not
apply here.
Justice Caguioa:
Joesil Dianne C. Sempron
“…no fucking way…”
Insanity is curable, as it has lucid intervals. Psychological
incapacity, while relative, is not curable. Psychological
incapacity has nothing to do with mental faculties, and it has nothing
to do with consent, as it refers to the obligations attendant to
marriage.
Psychological Incapacity is relative. Thus, he may remarry.
Just because a person is declared psychologically incapacitated to
perform his marital obligations with his present spouse, it does not
mean that he will also be psychologically incapacitated with another
partner.
Expert testimonies of a psychologist or psychiatrist is not a
requirement for a declaration of psychological incapacity (Marcos
vs. Marcos) The Court may or may not accept the testimony of the
psychologist or psychiatrist. It may base its decision on the totality of
the evidence other than the findings of such expert witness.
However, in the case of Matias vs. Dagdag, the Supreme Court
that expert testimonies are extremely helpful.
Thus, although expert testimony is not required for the court to
decide the case, it will help the court a lot in the resolution of the
case.
The two clinical psychologists and a psychiatrist’s assessment
were not based solely on the narration or personal interview of
the petitioner but also on other informants such as respondent’s
own son, siblings and in-laws, and sister-in-law who all testified
on their own observations of respondent’s behavior and
interactions with them. In fine, we find ample basis to conclude
that respondent was psychologically incapacitated to perform the
essential marital obligations at the time of his marriage to petitioner.
Ma. Socorro C. Reyes vs. Ramon Reyes
*moth sees a firefly for the first time*
Moral damages cannot be recovered from a psychologically
incapacitated person as he is not aware of his incapacity.
The following cases do not constitute Psychological Incapacity:
(FISU)
1. Failure to return home and communicate
2. Irreconcilable differences and conflicting personalities
3. Sexual Infidelity or perversion
4. Unsatisfactory marriages
Just because Joe failed to communicate for a period of 5 years, and
that their differences with her wife seem to be irreconcilable, and
that she has been a sexual infidel, and that, overall, such marriage is
unsatisfactory, such marriage remains valid as the grounds
mentioned do not necessarily constitute of psychological incapacity.
Proving Psychological Incapacity
1. By indicators or external manifestations of the person
being psychologically incapacitated
2. Indicators must be clearly alleged in the complaint
JURISPRUDENTIAL GUIDELINES TO PROVE
PSYCHOLOGICAL INCAPACITY
a.) Burden of Proof= plaintiff
b.) The root cause of psychological incapacity must be
> medically or clinically identified,
> alleged in the complaint,
> sufficiently proven by experts, and
> clearly explained in the decision.
c.) Juridical Antecedence, that the incapacity must be proven to be
existing at the time of the celebration of the marriage, although it
becomes manifest only after the celebration of the marriage.
Joesil Dianne C. Sempron
“…no fucking way…”
d.) Incurability, that the incapacity must be shown to be medically
or clinically permanent or incurable.
e.) Gravity, that the illness must also be grave enough to prevent the
party from assuming the essential marital obligations
f.)The essential marital obligations must be those mentioned in Title
III (Articles 68 to 71) of the Family Code, as well as Articles 220,
221 and 225.
g.) The interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, should be given
great respect by our courts.
h.) The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the State. No
decision shall be handed down unless the Solicitor General issues a
certification, which will be quoted in the decision, briefly stating
therein his reasons for his agreement or opposition, as the case
may be, to the petition.
GROUNDS FOR ANNULLING A MARRIAGE, THE
INCAPACITY MUST CONSIST OF THE FOLLOWING:
(a.) a true inability to commit oneself to the essentials of marriage:
the conjugal act, the community of life and love, the rendering of
mutual help, the procreation and education of offspring; and
(b.) the inability must be tantamount to a psychological
abnormality.
VOIDABLE MARRIAGE or ANULLABLE MARRIAGES
H. Grounds for Annulment of Marriage:
The grounds for annulment of marriage are exclusive, thus, only
those specified in Articles 45 and 46 of the Family Code shall be
considered.
Art. 45- A marriage may be annulled for any of the following
causes, existing at the time of the marriage: (PUFFIS)
*moth sees a firefly for the first time*
Parental Consent, Unsound Mind, Fraud, Force, Phys
Incapability, STD wc is both serious and incurable
1. Party more than 18 but below 21 years old who contracted a
marriage without Parental consent.
2. Unsound mind
3. Consent obtained by Fraud
4. Force, intimidation or undue influence
5. Physical Incapability to consummate marriage
6. Sexually transmissible disease found to be serious and
appears to be incurable.
Art. 46- Exclusive Grounds for Fraud: CONCEALMENT
SMHDP
1) Sexually transmissible disease, regardless of its nature,
existing at the time of the marriage;
2) Moral turpitude;
3) Drug addiction, Habitual alcoholism, or Homosexuality
or lesbianism existing at the time of marriage.
4) Pregnant by a man other than her husband;
Drug Addiction, Homosexuality, Habitual Alcoholism,
Lesbianism- DHHL- If it occurred only after the marriage, it is not a
ground for annulment but it could be a ground for legal separation.
Joe came off as a drunkard, heroin-addicted lesbian two years after
being married to Sil. The latter initiated an action to annul the
marriage. The action was denied; as such grounds existed after
marriage. If anything, it could be merely a ground for legal
separation.
Art. 47- PRESCRIPTIVE PERIOD
Usually prescribes after five years.
Joesil Dianne C. Sempron
“…no fucking way…”
1. Absence of Parental consent
By:
 the party who did not receive parental consent
within five years after attaining the age of twenty-one;
 the parent who did not give their consent
before son/daughter reaches the age of twenty one.
2. Insanity or Unsoundness of mind
By:
 the sane spouse or the relatives or guardian of the insane
spouse at any time before the death of either spouse.
 the insane spouse himself during his lucid interval.
3. Fraud, action instituted by the injured party 5 years within the
discovery of such fraud.
4. Force, intimidation or undue influence, the prescriptive period
is five years from the time the force, intimidation or undue influence
ceases.
5. If the ground is incapability to consummate the marriage or
sexually transmissible disease, the action can be filed by the injured
party within five years from the time of the celebration of the
marriage.
PROCEDURES
1. Court shall order the prosecuting attorney or fiscal assigned
to it to appear on behalf of the State
2. Fiscal takes steps to prevent collusion between the parties
and to take care that evidence is not fabricated or
suppressed.
3. A full blown hearing is required. No judgment shall be
based upon a stipulation of facts or confession of
judgment.
*moth sees a firefly for the first time* “…no fucking way…”

4. During the pendency of the action and in the absence of
adequate provisions in a written agreement between the
spouses, the court shall provide for the support of the
spouses and the custody and support of their common
children.
LEGAL SEPARATION
(SPF-BALADIR)
2. Attempt on the life
 must not be justified by self defense
W unlawfully provoked H, H acted in reasonable self-defense
attempting on the life of W. On this case, LS cannot be availed.
or must not an attempt of life in passion or obfuscation,
that the spouse attacked was caught in flagrante delicto
having carnal knowledge with another man or woman.

1. Sexual infidelity or perversion; VOID Marriage on VOIDABLE Legal

Psychological Grounds for Separation
2. Physical violence or grossly abusive conduct Incapacity (36) Annulment (45)
3. Final judgment of imprisonment of more than six Lesbia-nism, if it existed before the
years, even if pardoned; homosexualit marriage , anchored
y on psychological if already existed
4. Contracting by the respondent of a subsequent causes, and both grave before the
Bigamous marriage, whether in the Philippines or occurs during
and incurable. marriage and they
the marriage.
abroad; Drug were concealed from
Addiction the other spouse
5. Attempt against the life; or and Habitual
6. Lesbianism or homosexuality of the respondent; Alcoholism
7. Abandonment of petitioner by respondent without
justifiable cause for more than one year. DEFENSES
8. Drug addiction or habitual alcoholism When Legal Separation is denied: PRC-CCC
9. Induce to engage in prostitution, or connivance 1. Condonation
in such corruption or inducement; 2. Consent
10. Change Religious or political affiliation; 3. Connivance
4. Pare delicto
The grounds enumerated herein are exclusive and therefore no 5. Collusion
other grounds for legal separation can be invoked except those 6. Action prescribed, 5 years.
stated in this article. These grounds need not exist prior to the
marriage as they even usually occur after the marriage.  Condonation is an act of forgiving and is given after the fact
 Consent is given before the commission of the act that gives
Can be proved by mere preponderance of evidence
rise to the ground for legal separation
1. Sexual infidelity
 Connivance when the spouse participated in the downfall of
 a husband’s single act of sexual intercourse with another
the other as by providing actively the opportunity for the
woman is already a ground for legal separation.
wrong doing directly or indirectly.

Joesil Dianne C. Sempron

*moth sees a firefly for the first time* “…no fucking way…”

 Recrimination means that both parties are at fault or have
given ground for legal separation.
 Collusion refers to an arrangement between the spouses to
obtain a decree of legal separation by secret maneuvers or
pretensions by making it appear that a valid ground exists
even if there is none.
 Prescription means the loss or extinction of the right to file
an action due to the lapse of time fixed by the law.
Prescription of action of legal separation is five years from the
occurrence of the causes.
Procedures of Legal Separation
bigamy if he/she contracts another marriage or for
adultery or concubinage if he or she commits the act.
Art. 65- If the spouses should reconcile, a joint manifestation
under oath duly signed by them shall be filed with the court
1) The legal separation proceedings is terminated at whatever stage.
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.

Art. 58- Trial starts 6 months after filing of the petition. (cooling-off
period) Intended to give the parties enough time to further
contemplate their positions.
 required only in legal separation and not in annulment of
marriage or declaration of nullity of a void marriage.
 Failure to observe of cooling-off period can set aside the
case.
 If the case is pending, it shall be terminated in whatever
stage.
 If the decree has already been issued, it shall be set aside.
 The separation of property and any forfeiture of the share of
the guilty spouse already effected by the decree shall subsist

Art. 59- No legal separation may be decreed unless the court has
taken steps toward the reconciliation.

Art. 60- No decision shall be based upon a stipulation of facts or a

confession of judgment. The fiscal shall take steps to prevent
collusion between the parties and to take care that the evidence is not
fabricated or suppressed.

 Death of a party extinguishes a pending action for legal

separation.

 The decree of legal separation does not dissolve the

marriage. Even if the husband and wife are already living
separately from each other, the marriage bond is not severed.
Thus, a spouse can still be held criminally liable for

Joesil Dianne C. Sempron