- Statute
- Philippine Family Code
- Article
- Art. 55
- Topic
- Grounds for legal separation
- Status
- In force
- Year
- 1987
- Cited by
- A Supreme Court decision
The provision
A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) 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; (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)
Intellegal Wiki · In plain terms
A spouse may petition a court for legal separation only on one of ten listed grounds: repeated physical violence or grossly abusive conduct, coercion to change religion or politics, inducement into prostitution, a jail term over six years, drug addiction or habitual alcoholism, homosexuality, a later bigamous marriage, sexual infidelity, an attempt on the petitioner's life, or abandonment without cause for over a year. 'Child' covers both natural and adopted children.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Garry B. Go v. Lynn Y. Chan‑Go G.R. No. 243647