Answer

Under Article 63 of the Family Code, a decree of legal separation has these effects: the spouses are entitled to live separately, but the marriage bond is not severed (neither may remarry); the absolute community or conjugal partnership is dissolved and liquidated, and the offending spouse forfeits his or her share of the net profits in favor of the common children or the innocent spouse; and custody of the minor children is awarded to the innocent spouse, subject to the rule that a child under seven is not separated from the mother absent compelling reasons (Article 213).

In addition, the offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and provisions in the innocent spouse's will favoring the offending spouse are revoked by operation of law. After the decree becomes final, the innocent spouse may also revoke donations made to, and revoke the insurance-beneficiary designation naming, the offending spouse (Article 64).

Researching Philippine law? Intellegal brings Philippine case-law search, statute and issuance exploration, multi-dimension case comparison, document visualization, and cited deep-research reports into a single workflow — with every citation traced back to its original source, so you can verify each answer rather than take it on trust. Every authority it surfaces links back to its original provision or decision, so you can open the source and confirm the wording yourself, and save or export the questions and reports you reference most. See the full report for the statutes and cases behind this answer, or explore the related questions below.

Sources & further reading

Cases on this topic

Philippine Supreme Court decisions that apply the rules above.

Related questions

Read the full report →
Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.