Legal Separation (Articles 55 to 67)

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Art. 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated or grossly directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or to compel the petitioner to change affiliation;

(3) Attempt of respondent to the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or in such corruption or inducement;

(4) Final judgment sentencing the respondent to of more than years, even if pardoned;

(5) Drug addiction or of the respondent;

(6) or of the respondent;

(7) Contracting by the respondent of a marriage, whether in the Philippines or abroad;

(8) infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) of petitioner by respondent without for more than year.

For purposes of this Article, the term "child" shall include a child by nature or by .

Art. 56. The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has the offense or act complained of;

(2) Where the aggrieved party has to the commission of the offense or act complained of;

(3) Where there is between the parties in the commission of the offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for ;

(5) Where there is between the parties to obtain decree of legal separation; or

(6) Where the action is barred by .

Art. 57. An action for legal separation shall be filed within from the time of the occurrence of the cause.

Art. 58. An action for legal separation shall in no case be tried before shall have elapsed since the filing of the petition.

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

Art. 60. No decree of legal separation shall be based upon a or a .

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to between the parties and to take care that the evidence is not or .

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

The court, in the absence of a between the spouses, shall designate either of them or a third person to 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.

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 of the common children.

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

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

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

Art. 64. After the of the decree of legal separation, the innocent spouse may the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as , even if such designation be stipulated as . 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 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 thereof to the insured.

The action to revoke the donation under this Article must be brought within from the time the decree of legal separation has become final.

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

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 ; and

(2) The final decree of legal separation shall be set aside, but the separation of property and any of the share of the guilty spouse already effected shall , unless the spouses agree to their former property regime.

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

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 to the restored regime;

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

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

The 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 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 to satisfy the creditor's claim.

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