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The delivery of the presumptive legitimes herein prescribed shall in
no way prejudice the ultimate succession rights of the children
accruing upon the death of either of both of the parents; but the
value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on
their legitime. (n)
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the
spouses and the delivery of the children's presumptive legitimes
shall be recorded in the appropriate civil registry and registries
of property; otherwise, the same shall not affect third persons.
(n)
Art. 53. Either of the former spouses may marry again after
compliance with the requirements of the immediately preceding
Article; otherwise, the subsequent marriage shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment
or absolute nullity of the marriage under Article 36 has become
final and executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.
TITLE II
LEGAL SEPARATION
Art. 55. 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)
Art. 56. 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)
Art. 57. An action for legal separation shall
be filed within five years from the time of the occurrence of
the cause. (102)
Art. 58. An action for legal separation shall in no case be tried
before six months shall have elapsed since the filing of the
petition. (103)
Art. 59. No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly
improbable. (n)
Art. 60. No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or
suppressed. (101a)
Art. 61. After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other.
The court, in the absence of a written agreement between the
spouses, shall designate either of them or a third person to
administer the absolute community or conjugal partnership property.
The administrator appointed by the court shall have the same powers
and duties as those of a guardian under the
Rules of Court.
(104a)
Art. 62. During the pendency of the action for legal separation, the
provisions of Article 49 shall likewise apply to the support of the
spouses and the custody and support of the common children.
(105a)
Art. 63. The decree of legal separation shall have the following
effects:
(1) The spouses shall be entitled to live
separately from each other, but the marriage bonds shall not be
severed;
(2) The absolute community or the conjugal partnership shall
be dissolved and liquidated but the offending spouse shall have
no right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of
this Code; and
(4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made in
the will of the innocent spouse shall be revoked by operation of
law. (106a)
Art. 64. After the finality of the decree of
legal separation, the innocent spouse may revoke the donations
made by him or by her in favor of the offending spouse, as well
as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the
registries of property in the places where the properties are
located. Alienations, liens and encumbrances registered in good
faith before the recording of the complaint for revocation in
the registries of property shall be respected. The revocation of
or change in the designation of the insurance beneficiary shall
take effect upon written notification thereof to the insured.
The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation
become final. (107a)
Art. 65. If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed with the
court in the same proceeding for legal separation.
(n)
Art. 66. The reconciliation referred to in the preceding Articles
shall have the following consequences:
(1) The legal separation proceedings, if
still pending, shall thereby be terminated at whatever stage;
and
(2) The final decree of legal separation shall be set aside,
but the separation of property and any forfeiture of the share
of the guilty spouse already effected shall subsist, unless the
spouses agree to revive their former property regime.
The court's order containing the foregoing
shall be recorded in the proper civil registries.
(108a)
Art. 67. The agreement to revive the former property regime referred
to in the preceding Article shall be executed under oath and shall
specify:
(1) The properties to be contributed anew to
the restored regime;
(2) Those to be retained as separated properties of each
spouse; and
(3) The names of all their known creditors, their addresses
and the amounts owing to each.
The agreement of revival and the motion for
its approval shall be filed with the court in the same
proceeding for legal separation, with copies of both furnished
to the creditors named therein. After due hearing, the court
shall, in its order, take measure to protect the interest of
creditors and such order shall be recorded in the proper
registries of properties.
The recording of the ordering in the registries of property shall
not prejudice any creditor not listed or not notified, unless the
debtor-spouse has sufficient separate properties to satisfy the
creditor's claim.
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and
support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case
of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the
latter should live abroad or there are other valid and compelling
reasons for the exemption. However, such exemption shall not apply
if the same is not compatible with the solidarity of the family.
(110a)
Art. 70. The spouses are jointly responsible for the support of the
family. The expenses for such support and other conjugal obligations
shall be paid from the community property and, in the absence
thereof, from the income or fruits of their separate properties. In
case of insufficiency or absence of said income or fruits, such
obligations shall be satisfied from the separate properties.
(111a)
Art. 71. The management of the household shall be the right and the
duty of both spouses. The expenses for such management shall be paid
in accordance with the provisions of Article 70.
(115a)
Art. 72. When one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring danger, dishonor
or injury to the other or to the family, the aggrieved party may
apply to the court for relief. (116a)
Art. 73. Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.
The latter may object only on valid, serious, and moral grounds.
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