Dear PAO,

My husband has been cheating on me with several women for almost three years now. I considered filing an annulment case, but a friend told me that sexual infidelity is a ground for legal separation only, and not for annulment. I want to know the effects of this legal separation in the event that I decide to file a case. Thank you.

Camilla

Dear Camilla,

Please be informed of Articles 55 (8) and 63 of the Family Code of the Philippines, which states that:

“Art. 55. A petition for legal separation may be filed on any of the following grounds: xxx

“(8) Sexual infidelity or perversion; xxx

“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.”

Based on the above-stated law, it is true that one of the grounds for legal separation is sexual infidelity, and if a legal separation decree is issued by the proper court, it has the effect of allowing the legally separated spouses to live separately from each other. Further, the property relation of the spouses shall be dissolved and liquidated but the offending spouse in a case of legal separation shall have no right to any share of the net profits earned by their property relation, which shall be forfeited in accordance with the Family Code. The offending spouse shall also be disqualified from inheriting from the innocent spouse by virtue of intestate succession. A decree of legal separation shall also have the effect of awarding to the innocent spouse the custody of minor children, except for children under seven (7) years of age who shall not be separated from the mother, unless the court finds compelling reasons to order otherwise. However, legal separation does not mean that the marriage ties are dissolved, the parties are still married but they are now allowed to live separately from each other.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Question for Chief Acosta may be sent to [email protected]