GROUNDS FOR LEGAL SEPARATION

Ground Explanation
1. Infliction of Physical  Repeatedly resorted to by respondent against petitioner, a common child or child of petitioner
Violence/ Grossly abusive  If physical violence is directed against wife, a common child or child of the wife, the same is also punishable
Conduct under RA 9262 (Anti-Violence Against Women and their Children Act of 2004)
 In view of grossly abusive conduct, psychological and sexual violence and repeated verbal abuse may likewise
qualify as grounds for legal separation
RA 9262:
Psychological violence- acts or omissions causing or likely to cause mental or emtional 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 victim to witness physical or psychological abuse of another… (p. 508)
Sexual Violence-An act which is sexual in nature, committed against a woman or her child
A. Rape, sexual harrasment, acts of lasciviousness…
B. Acts causing victim to engage in any secua activity by force…
C. Prostituting

2. Moral Pressure
3. Promotion of Prostitution
4. Final judgment of More than
6 years imprisonment
5./ 6. Drug addiction, Habitual
Alcoholism, Lesbianism or
Homosexuality
7. Contracting of Subsequent
Bigamous Marriage
 Resorted to in order to compel the petitioner to change his or her religious or political affiliation
 The moral pressure must be directed against the petitioner
 If the same is directed against a common child or a child of the petitioner to compel said child to change
religious or political affiliation,there is no ground for legal separation
 Attempt on the part of the 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
 Also punished under RA 9262 if directed against wife or a child of the wife
 May likewise be a ground under par. 1 referring to “grossly abusive conduct “
 Even if the respondent is pardoned and regardless of the nature of the crime for which the respondent is
convicted
 Requisites:
1. The sentenced imposed is imprisonment of more than 6 years
2. The conviction occurs only AFTER the celebration of the marriage
NOTE: If the respondent is convicted in a final judgment prior to the celebration of the marriage, it is a ground for
ANNULMENT if the crime involves moral turpitude and the fact that conviction is NOT disclosed to the other
party.
 Must exist only after the celebration of the marriage
 If concealed, and present during the time of marriage, ground for ANNULMENT
 No concealment= no ground for annulment
 This provision considers the mere act of contracting a second marriage during the subsistence of the prior valid
marriage as a ground for legal separation, regardless of the fact that the second marriage is void ab initio on
 grounds other than the existence of the first marriage
NOTE: Contracting a subsequent bigamous marriage is a ground to declare the subsequent marriage as void ab
initio but it does not affect the validity of the prior marriage.
In such situation, the remedy of the aggrieved party in the prior marriage is legal separation under par. 7 art 55
8. Sexual Infidelity ot  Under this parahraph, mere sexual indifelity is a ground for legal separation, without requiring that the same be
Perversion in the form of adultery or concubinage.
 A single act of sexual intercourse on the part of BOTH the husband and the wife with a person other than their
spouse will now be a ground for legal separation.
 The new law no longer requires that there be sexual intercourse since any sexual act short of the actual sexual
intercourse may fall under sexual indifelity
 No longer requires that it be committed with the opposite sex
NOTE:
In the old law, under the new civil code, it was required that sexual infidelity must be in the form of adultery
(wife) or concubinage (husband)
Criminal conviction is not necessary

 Sexual perversion includes all unusual or abnormal sexual practices which may be offensive to the feelings or
sense of decency of either husband or wife.
 If the husband uses force, physical or other harm or threat of physical or other harm or intimidation, against his
wife for the purpose of satisfying sexual perversion, the same constitutes a crime under RA 9262
9. Attempt on the life of the  Requires the presence of intent to kill
Spouse  If the injury caused to a spouse is merely accidental or not intentional, it will not be a ground for legal
separation een if the injury is life-threatening
 If the act of attempting to kill the spouse is justified or excused such as self-defense, the same is not a ground
for legal separation
(Example page 511)
10. Abandonment  The act of one spouse voluntarily separating from the other, with intention of not returning to live together as
husband and wife, that continues for the length of time required by statute.
 Requisites:
1. the abandonment must be without a justifiable cause
2. The abandonment must be for more than a year
 A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling wihtout the
intention of returning
 The spouse who has left the conjugal dwelling for a period of 3 months or has failed within the same period to
give any information as to his or her whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling, but in order for it to be a ground for LS, the same must have lasted for
MORE THAN 1 YEAR
 GROUNDS FOR DENIAL OF PETITION FOR LEGAL SEPARATION
Ground Explanation
1. Condonation  The conditional forgiveness or remission by a husband or wife, of a
matrimonial offense which the other has committed
“Alam kong nambabae/ nanlalake ka, pero pinapatawad na kita, kaya  It blots out an imputed offense against the marital relation so as to
mag sama na tayo ulit “ restore the offending party to the same position he or she occupied
before the offense was committed
 Subject to an implied condition that the party forgiven will abstain
from the commission of the like offense thereafter
 A breach of this condition revives the right of suit for the original
misconduct.
 But while the condition remains unborken, condonation on whatever
motive it proceeded, is an absolute bar to the remedy for the
particular injury condoned.
 Condonation may be express (signified in words or writing) or
implied (from the conduct of parties)
 General Rule: any cohabitation with the guilty party, after the
commission of the offense, and with the knowledge or belief on the
part of the injured party of its commission, will amount to conclusive
evidence of condonation
2. Consent
“Kung gusto mo mambabae/manlalake, okay lang sa akin, GO lang “
3. Connivance
“Uy, manlalake/ mambabae ka nga para magkaroon tayo ng reason
para mag petition ng LS “
4. Mutual Guilt/ Recrimination/ Papi Directo
“May lalake si ate, pero may babae din pala si kuya “
 Agreement or conformity in advance of the commission of the act
which would be a ground for legal separation.
 May be express or implied
 Consent vs Condonation
Consent is given in advance or prior to the commission of the act
whereas condonation is the forgiveness of a matrimonial offense after its
commission
 Implies agreement, express or implied, by both spouses to the ground
for legal separation
 Necessarily involves criminality on the part of the individual who
connives; it differs from condonation where it may take place without
imputing the slightest blame to the party who forgives the injury
 Must be an act of the mind BEFORE the offense is committed;
condonation on the other hand is the result of a determination to
forgive an injury which was not known until after it was inflicted
Examples of Connivance (page 515)
 Both parties have given ground for legal separation
 Hence, LS must be claimed only by the innocent spouse and where
both spouses are offenders, LS cannot be claimed by either of them
5. Collusion  Agreement between the husband and wife for one of them to commit,
or to appear to commit, or to be represented in court as having
“Uy KUNWARI nanlalake/ nambabae ka ah? Paniwaliin natin yung committed, a matrimonial offense, or to suppress evidence of a valid
court “ defense, for the puspose of enabling the other to obtain a divorce or
LS.
 May be express or implied
 There would be collusion if the parties had arranged to make it appear
that a matrimonial offense had been committed although it was not or
if the parties had connived to bring about a LS even in the ABSENCE
of grounds therefore.

6. Prescription  An action for LS must be filed WITHIN 5 YEARS from the time of
the occurence of the cause, otherwise it will be barred by prescription
(ARTICLE 57)