Legal Separation

Question 1

Legal Basis of Legal Separation

Answer 1

Civil Code Art. 97
Family Code Art. 55

Question 2

Grounds for Legal Separation

Answer 2

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

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of 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;

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

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

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

(8) Sexual infidelity or perversion;

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

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

Question 3

Defense Against Legal Separation

Article 56.

Answer 3

1. Consent
   - complainant spouse consented to the sexual Act
2. Condonation
   - husband cheats but it was condoned
3. Connivance between the parties

Question 4

Art 56 > (6) >