Prescription Period for Legal Separation on Drug-Use Grounds (Philippine Law)

Quick takeaway

Ground: “Drug addiction” (often paired in the Code with “habitual alcoholism”) is an independent ground for legal separation.
Deadline to sue: You must file the petition within five (5) years from the time the cause occurred. (Family Code, Art. 57.)
Continuing conduct: Because addiction is typically continuing or recurrent, the 5-year clock is usually reckoned from the most recent occurrence that completes the ground (e.g., a relapse or continuing addiction within the last five years).
Bars to relief still apply: condonation/forgiveness (e.g., resuming marital relations), consent, connivance, collusion, and recrimination can defeat a case even if it’s filed on time (Family Code, Art. 56).
Different from nullity: If time has run out for legal separation, a spouse may explore other remedies (e.g., Art. 36 psychological incapacity, which is imprescriptible) where facts fit.

Legal bases & where “drug addiction” fits

Ground (substantive): Family Code Art. 55 lists the grounds for legal separation; drug addiction is expressly included (paired with habitual alcoholism). You don’t need a separate crime or conviction; this is a civil ground.
Prescription (time limit): Family Code Art. 57: An action for legal separation shall be filed within five (5) years from the time of the occurrence of the cause.
Defenses/bars: Family Code Art. 56 (no decree if there is condonation, consent, connivance, collusion, or recrimination / both at fault).
Cooling-off & proof rules: The case cannot be tried until after six (6) months from filing (to allow reconciliation), and no decree may be based on confession or stipulation alone; the court must receive competent proof (Family Code Arts. 58–60; see also A.M. No. 02-11-11-SC, Rule on Legal Separation).
Effects of decree: Family Code Art. 63 (live separately; no dissolution of the marriage bond, but property regime is dissolved and liquidated; custody per best-interest rules; offending spouse suffers inheritance disqualifications; support obligations may be imposed).

What counts as “drug addiction”

The Code doesn’t define it in medical detail, but Philippine courts read “drug addiction” to mean habitual or dependent use of dangerous/regulated drugs that impairs the spouse’s ability to perform marital and parental duties. Isolated or sporadic use is not enough; there must be pattern, dependence, or compulsion. Helpful indicators include:

Prior rehabilitation or treatment for drug dependence;
Positive drug tests, admissions, arrest records, or rehab discharge summaries;
Witness testimony (family, co-workers) about persistent use and its effects (violence, neglect, financial dissipation, abandonment of duties);
Documents: chat messages, photos, paraphernalia seizures, employer notes, etc.

A criminal conviction for a drug offense is not required to win a legal separation case. The standard is preponderance of evidence (more likely than not), because the case is civil.

How to compute the 5-year prescriptive period

1) General rule

Count five (5) years from the occurrence of the cause. For “drug addiction,” treat the cause as the state or course of conduct that makes the ground actionable—i.e., when addiction is present (or when a relapse occurs), not merely the first experimental use many years earlier.

2) Continuing or recurrent condition

Continuing: If addiction is ongoing, the cause is still occurring, so filing is timely as long as some occurrence falls within the last five years.
Relapse resets: If the spouse recovered, years passed, and then relapsed, a new occurrence arises; you can file within 5 years from the relapse.

3) When the 5-year period has likely lapsed

If addiction ceased (e.g., genuine recovery) and no occurrence happened during the last 5 years, filing for legal separation on this ground is time-barred—though other remedies may still be available (see below).

4) Practical timeline examples

Ongoing addiction 2021–present → File any time up to 5 years from the current occurrences.
Addiction 2016–2018; sobriety since 2018; petition filed 2025 → Prescribed (last occurrence >5 years ago).
Addiction 2016–2018; relapse in 2024; petition in 2025 → Timely (count from 2024 relapse).

Tip on counting deadlines: If the last day falls on a Saturday/Sunday/holiday, filing on the next working day is generally honored under the Rules of Court.

Bars that can defeat a timely case

Even if you file within five years, the court must deny legal separation if any of these are proven:

Condonation/forgiveness of the act (often inferred from voluntary resumption of marital cohabitation/sexual relations after knowledge of the addiction).
Consent (you knew and agreed to the drug use).
Connivance (you cooperated or helped make it happen).
Collusion (you and your spouse fabricated a case to get a decree).
Recrimination / both at fault (you, too, committed a ground for legal separation).

Because condonation is a common pitfall, avoid resuming marital relations once you decide to rely on this ground.

Evidence strategy (what works in practice)

Medical/rehab records (where obtainable) and certifications; note that rehabilitation records can be confidential, so your lawyer may need a court order or consent to present them.
Drug test results (workplace or police), chain-of-custody explained by witnesses.
Police blotters/incident reports, barangay records, or RHU/social-worker notes connected to drug-related incidents.
Testimony from relatives, neighbors, or colleagues on frequency, behaviors, and impact on family life (neglect, financial ruin, violence).
Digital evidence: messages admitting use; photos of paraphernalia; calls for money to buy drugs; rehab scheduling chats.

Remember: even if the respondent refuses drug testing, the court can still find drug addiction proven by other credible evidence.

Procedure & timing notes (so you don’t blow the deadline)

Venue: File in the Family Court of the province/city where you or your spouse resides (R.A. 8369; Rule on Legal Separation).
Verified petition: State the ground (drug addiction), when it occurred (lay out the timeline to show you’re within 5 years), the children, and your property regime; include the certification against forum shopping.
Cooling-off: The case won’t be tried until six months after filing, but the court can issue provisional orders (support, custody, injunctions, protection of property).
No default/confession decrees: The court requires independent proof even if the other spouse doesn’t appear.
Standard of proof: Preponderance of evidence.
Watch for defenses: Don’t condone or collude; avoid acts that could be cast as consent or connivance.

Effects of a decree (why it matters who is “at fault”)

You may live separately, but cannot remarry (only annulment/nullity allows remarriage).
Absolute community/conjugal partnership is dissolved and liquidated; offending spouse may forfeit their share in certain scenarios to children or the innocent spouse, per the Code’s liquidation rules.
Custody goes by the best-interests of the child; often, the innocent spouse is preferred (Family Code Art. 63, read with Art. 213).
The offending spouse can be disqualified from inheriting from the innocent spouse; testamentary gifts in the innocent spouse’s will in favor of the offending spouse are generally revoked by operation of law.
Support may be awarded to the innocent spouse and common children; use of the family home may be regulated.

How this compares to other remedies when 5 years has lapsed

Psychological incapacity (Art. 36): No prescriptive period. If the addiction reflects a juridically antecedent, grave, and incurable personality disorder impairing essential marital obligations, nullity may be available—this dissolves the bond and allows remarriage, but the evidentiary bar is higher.
Criminal/administrative measures: Independent of legal separation (e.g., proceedings under R.A. 9165), and do not control the civil prescription.
Protection orders & support: Relief under R.A. 9262 (VAWC) or separate support actions may be available regardless of prescription.
Judicial separation of property (Family Code Arts. 134–136): In some fact patterns, you may secure property relief without pursuing legal separation.

Practical checklist (to stay within the 5 years)

Journal the timeline: dates of relapses, positive tests, rehab admissions, incidents affecting the family.
Secure independent documents early (drug tests, barangay/police reports, medical notes) and witnesses.
Avoid condonation: don’t resume marital cohabitation/relations after deciding to rely on this ground.
File sooner rather than later: For continuing addictions, you’re likely safe, but do not wait—memories fade and documents get lost.
Plead the timeline clearly in your petition to defeat a prescription defense on the face of the complaint.

FAQs

Q: If my spouse stopped using drugs 6 years ago but was addicted before—can I still file for legal separation now? A: On the drug-addiction ground, no; that ground is likely prescribed (last occurrence >5 years ago). Consider other remedies that do not prescribe (e.g., Art. 36), if facts support them.

Q: The addiction is on-and-off. Does each relapse give me a new 5-year window? A: Yes. A relapse is a new occurrence, so you can file within 5 years from that relapse.

Q: Do I need a criminal case or conviction? A: No. Legal separation is civil; prove addiction by preponderance of evidence.

Q: My spouse refuses drug testing. Am I stuck? A: No. You can prove the ground through other evidence (witnesses, documents, rehab history, etc.).

Q: What if we reconciled after I learned of the addiction? A: That can be treated as condonation, which can bar legal separation even if you filed on time.

Final note

This overview focuses on prescription for the drug-addiction ground under the Family Code and how courts typically apply it. Specific facts matter. If you’re deciding whether you’re within the 5-year window, map your latest provable “occurrence” carefully and get case-specific advice.