- Statute
- Philippine Family Code
- Article
- Art. 56
- Topic
- Grounds for denial of legal separation
- Status
- In force
- Year
- 1987
The provision
The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party has condoned the offense or act complained of; (2) Where the aggrieved party has consented to the commission of the offense or act complained of; (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; (4) Where both parties have given ground for legal separation; (5) Where there is collusion between the parties to obtain decree of legal separation; or (6) Where the action is barred by prescription. (100a)
Intellegal Wiki · In plain terms
Six grounds require a court to deny a petition for legal separation: condonation of the offence by the aggrieved party; consent to its commission; connivance between the parties; both parties having given ground for legal separation; collusion to obtain the decree; and prescription of the action. The first four go to the aggrieved party's own conduct, and collusion goes to the integrity of the proceeding — legal separation cannot be had by agreement. Prescription is measured by Article 57, which requires the action to be filed within five years from the occurrence of the cause; Article 55 lists the grounds on which a petition may be brought in the first place.
An editorially maintained plain-language explanation of this provision — not legal advice.