Legal separation, governed primarily by the Family Code of the Philippines (Executive Order No. 209), is a remedy for spouses in a failed marriage who seek to live separately and divide their properties without severing the marital bond. Unlike an annulment or a declaration of nullity, legal separation does not allow the parties to remarry, as the marriage remains legally valid.

I. Grounds for Legal Separation

Under Article 55 of the Family Code, a petition for legal separation may be filed on any of the following exclusive grounds:

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 the 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.
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.

II. Defenses and Grounds for Denial

A petition for legal separation shall be denied if any of the following circumstances are present (Article 56):

Condonation: Where the aggrieved party has forgiven the offense.
Consent: Where the aggrieved party agreed to the commission of the offense.
Connivance: Where the parties planned the commission of the offense to obtain a decree.
Mutual Guilt: Where both parties have given ground for legal separation.
Collusion: Where the parties agree to suppress or manufacture evidence.
Prescription: The action must be filed within five years from the time of the occurrence of the cause.

III. The Procedure

1. Filing of the Petition

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

2. The "Cooling-off Period"

Under Article 58, no case shall be tried before six months have elapsed since the filing of the petition. This is a mandatory period intended to give the couple a final opportunity for reconciliation.

3. Pre-Trial and Mediation

The court will mandate a pre-trial conference. Often, cases are referred to the Philippine Mediation Center to see if an amicable settlement regarding property and custody (not the separation itself) can be reached.

4. Role of the Public Prosecutor

The State has an interest in protecting the sanctity of marriage. Thus, a Public Prosecutor is assigned to the case to ensure that no collusion exists between the parties and that evidence is not fabricated.

5. Trial and Judgment

The petitioner must present "clear and convincing evidence" of the grounds alleged. If the court finds the petition meritorious, it will issue a Decree of Legal Separation.

IV. Effects of Legal Separation

Once the decree is issued, the following legal consequences take effect (Article 63):

Right to Live Separately: The spouses are entitled to live apart, but the "vinculum juris" (legal bond) remains.
Dissolution of Property Regime: The absolute community or the conjugal partnership is dissolved and liquidated. The offending spouse shall have no right to any share of the net profits earned by the community property.
Custody of Children: Custody of minor children is usually awarded to the innocent spouse, subject to the "best interests of the child" rule.
Succession: The offending spouse is 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.
Donations: Donations made by the innocent spouse to the offending spouse may be revoked at the option of the former.

V. Reconciliation

If the spouses reconcile, a joint manifestation must be filed with the court in the same proceeding. Reconciliation restores the marital life and terminates the legal separation proceedings. If a decree was already issued, the court will issue an order setting aside the legal effects of the separation, except regarding the property regime if the parties choose to maintain the separation of property.