Title II: - Page 2 of 2

Legal Separation

(The Family Code of the Philippines)

Article 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 custody and support of the common children.  (105a)

Article 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 dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
  3. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
  4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.  Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.  (106a)
Article 64

After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.  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 good faith 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 written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final.  (107a)

Article 65

If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.  (n)

Article 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 terminated at whatever stage; and(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.

The court's order containing the foregoing shall be recorded in the proper civil registries.  (108a)

Article 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 contributed anew to the restored regime;
  2. Those to be retained as separated properties of each spouse; and
  3. The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival 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 creditors 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 sufficient separate properties to satisfy the creditor's claim.  (195a, 108a)

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