In the Philippines, where absolute divorce is not currently recognized under the Civil Code (except for Muslim Filipinos under the Code of Muslim Personal Laws), Legal Separation serves as a primary remedy for spouses in distressed marriages. Unlike annulment or a declaration of nullity, legal separation does not sever the marital bond; the parties remain married but are authorized by the court to live separately and dissolve their absolute community or conjugal partnership of gains.

The governing law for legal separation is the Family Code of the Philippines (Executive Order No. 209).

Grounds for Legal Separation

Article 55 of the Family Code provides an exclusive list of grounds. A petition for legal separation may be filed on any of the following:

Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
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.
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
Drug addiction or habitual alcoholism of the respondent.
Lesbianism or homosexuality of the respondent (if discovered after the marriage).
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
Sexual infidelity or perversion.
Attempt by the respondent against the life of the petitioner.
Abandonment of petitioner by respondent without justifiable cause for more than one year.

Defenses and Bars to Legal Separation

Even if grounds exist, the court may deny the petition under Article 56 if any of the following are proven:

Condonation: The aggrieved party has forgiven the offense (expressly or impliedly).
Consent: The aggrieved party agreed to the commission of the offense.
Connivance: The parties manufactured the grounds together to obtain the decree.
Mutual Guilt: Both parties have given ground for legal separation.
Collusion: An agreement between the parties to suppress evidence or fabricate grounds.
Prescription: The action was not filed within the statutory period.

The Filing Process

1. Statute of Limitations (Prescription)

A petition for legal separation must be filed within five (5) years from the time of the occurrence of the cause.

2. Jurisdiction and Venue

The petition must be filed in the Regional Trial Court (Family Court) of the province or city where either the petitioner or the respondent has resided for at least six months prior to the filing.

3. The Cooling-Off Period (Article 58)

Philippine law emphasizes the preservation of the family. Consequently, no hearing on the merits of the petition can be held until six months have elapsed since the filing of the petition. This "cooling-off period" is intended to give the parties a final opportunity for reconciliation.

4. The Role of the Public Prosecutor (Article 60)

No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. The court will direct the Public Prosecutor to investigate whether collusion exists between the parties and to ensure that evidence is not fabricated.

5. Court Proceedings and Mediation

The process involves a pre-trial conference and mandatory mediation. If mediation fails, the case proceeds to trial where the petitioner must prove the grounds with clear and convincing evidence.

Effects of a Decree of Legal Separation

Once the court issues a decree of legal separation, the following legal consequences ensue:

Separation of Bed and Board: The spouses are entitled to live separately but cannot remarry.
Dissolution of Property Regime: The absolute community or conjugal partnership is dissolved and liquidated. The "offending spouse" shall have no right to any share of the net profits earned by the property regime.
Custody of Children: Custody of minor children is usually awarded to the innocent spouse, subject to the "best interests of the child" rule.
Support: The court may order the offending spouse to provide support to the innocent spouse and the children.
Disqualification from Succession: The offending spouse becomes disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in a will made by the innocent spouse in favor of the offending spouse are revoked by operation of law.

Reconciliation

If the parties reconcile during the proceedings or after the decree is issued, they must file a Joint Manifestation of Reconciliation under oath with the court.

Reconciliation terminates the legal separation proceedings or sets aside the decree. However, the separation of property and the forfeiture of the share in net profits already executed shall remain in force unless the parties agree to revive their former property regime.