Legal Separation Flashcards
On what grounds may a petitioner file a petition for legal separation?
Art. 55 of the Family Code:
(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.
To whom should the repeated physical violence or grossly abusive conduct be directed against for a petitioner file a petition for legal separation?
The repeated physical violence and grossly abusive conduct must be directed against the petitioner, a common child, or a child of the petitioner in order for the petitioner to be able to file a petition for legal separation on valid grounds as provided by Article 55 of the Family Code.
Rajiv, a muslim, incessantly pressures Brenda, a christian, to convert into the faith of Islam. Their situation has gotten worse to the point that Rajiv would beat Brenda every time she refuses. Brenda file a petition for legal separation?
Yes, Brenda may file a petition for legal separation. According to Article 55 of the Family Code, physical violence or moral pressure to compel a spouse to change religious or political affiliation is a valid ground for a petition for legal separation. In this case, both physical violence and moral pressure are present, and such violence and pressure is inflicted for the purpose of compelling Brenda to change religion. Therefore, Brenda may file a petition for legal separation.
Maria found text messages and conversation between her husband, Jorge, and his office mate, Marco, on Jorge’s plan to sell his and Maria’s daughter, Jennifer, as a prostitute for Marco. Jennifer is 13 years of age. However, since Maria caught Jorge, Jorge decided to withdraw his plan. Aggrieved, Maria filed for a petition for legal separation. Does Maria have valid grounds to file such petition?
Yes, Maria has valid grounds to file for a petition for legal separation. According to Article 55 of the Family Code, an attempt of a spouse to corrupt or induce a common child to engage in prostitution, or connivance in such corruption or inducement is a valid ground for a petition for legal separation. In this case, even if Jorge withdrew his plan to induce Jennifer as a prostitute, there was a clear attempt to do such act. Therefore, Maria has a valid ground to file a petition for legal separation.
Jeremy was sentenced to five years of prison for a crime he committed. Maria filed a petition for legal separation from Jeremy in view of his conviction. Shall Maria’s petition prosper?
No, Maria’s petition shall not prosper. Article 55 of the Family Code provides that a petition for legal separation on the ground of a conviction of the respondent shall be a final judgment sentencing the respondent to imprisonment of more than six years. In this case, the sentence on Jeremy is only five years. Therefore, Jeremy’s sentence has not met the minimum requirement of more than six years as provided by Art. 55 of the Family Code. Therefore, Maria’s petition for legal separation cannot prosper.
George Tolentino was pardoned by President Durata, even if he has only served 30 days of his sentence of 10 years. However, despite this pardon, Cherry still filed for a petition for legal separation. George contests this petition saying that he has already been pardoned, thus Cherry shall no longer have a valid ground to separate from him. Is George correct?
No, George is not correct. Cherry has a valid ground to file for a legal separation. According to Article 55 of the Family Code, a final judgment sentencing either of the spouses to imprisonment of more than six years is a valid ground for a petition for legal separation, even if the spouse may be pardoned. In this case, it is clear that the sentence imposed upon George was more than six years. Even though was pardoned by President Durata, his spouse, Cherry, may still file a petition for legal separation. Therefore, George is not correct in asserting that his pardon invalidates the petition filed by Cherry.
Andres started noticing that his wife, Isabella, has been secretive. One night, he saw several conversations between her and an unknown number, containing transactions and meet-up schedules to purchase shabu. Andres found several sachets of shabu in Isabella’s closet. Andres confronted Isabella, and Isabella admitted that she has been addicted to shabu for more than a year now. Aggrieved, Andres filed a petition for legal separation. Does he have valid grounds to file such petition?
Yes, Andres has valid grounds to file for a petition for legal separation. According to Article 55 of the Family Code, a spouse may file a petition for legal separation on the ground of drug addiction or habitual alcoholism by the other spouse. In this case, Maria has admitted that she has been addicted for more than year. Moreover, several sachets of shabu, and a the text conversation all serve as evidence for Maria’s addiction. Therefore, Andres may file for a petition for legal separation.
Georgina saw her husband Malcolm kissing their friend John. She has also found several conversations between the two, detailing their love affair and affection for each other. John later admitted that he is a homosexual. Can Georgina file for a petition for legal separation?
Yes, Georgina may file for a petition for legal separation. Art. 55 of the Family Code provides that a spouse may file a petition for legal separation on the ground of homosexuality or lesbianism of the other spouse. In this case, Malcolm has admitted that he was a homosexual, there are evidences of his conversations and she has caught him in the act of kissing another man. Therefore, Georgina may file a petition for legal separation.
What type of physical violence constitutes a ground for the filing of a legal separation?
Repeated physical violence.
To whom should the violence be directed against to establish a ground for the petition for legal separation?
Against the petitioner, common child, or child of the petitioner.
When may moral pressure serve as a ground for the filing of a petition for legal separation?
When there is moral pressure to compel the petitioner to change religious or political affiliations.
Must it be proven that the respondent corrupted or induced the petitioner, the common child, or the child of the petitioner into prostitution in order to file an action for legal separation?
No, it is not necessary to prove that the respondent corrupted and induced the petitioner, common child, child of petitioner. It is sufficient that an attempt was made, or that he/she was in connivance.
How many years of final judgment of imprisonment is necessary in order to give ground for a petition for legal separation?
More than six years.
A was convicted by final judgment for a felony and was sentenced to imprisonment of six years. Can his spouse file for an action for legal separation?
No, the spouse cannot file an action for legal separation. Article 55 requires that for the imprisonment to constitute as a ground for the filing of a petition for legal separation, the imprisonment must be more than six years. Since A was only sentenced to 6 years, B cannot file a petition for legal separation since it is not more than six years.
A was convicted for a felony before the trial court of Manila and was sentenced to six years and one day of imprisonment. A was already brought to jail. However, A filed an appeal before the Court of Appeals. Can B, his spouse, file a petition for legal separation?
No, B cannot file a petition for legal separation. Art. 55 requires that the imprisonment must be by final judgment in order to constitute a ground for legal separation. In this case, since an appeal was made, the conviction is not yet final.
