EFFECTS

Status of Children

Legal Separation
Legitimate (Article 50, FC)

VOID
Legitimate (Article 50, FC)

VOIDABLE
Conceived or born BEFORE decree of annulment: LEGITIMATE;

Illegitimate, except for those under articles 36 & 52 (Article 54, FC) Conceived or born AFTER decree of annulment: ILLEGITIMATE (Article 54, FC)

Property Regime

ACP/CPG shall be dissolved and liquidated but the spouses has no right To the net Profits, forfeited in favor of: a. common children b. guilty spouse's children c. innocent spouse (Article 63, FC)

ACP/CPG dissolved and liquidated, if either spouse contracted the marriage in bad faith, his/her share of net profits of ACP/CPG forfeited in favor of: a. common children b. guilty spouse's children c. innocent spouse (Article,43, FC)

Liquidation, partition and distribution of properties; Delivery of the children's presumptive legitimes (Article 50 > Article 43 par 2,3,4 & 5)

Presumptive legitimes of children Computed from the time of judgment; Delivered in cash, property or sound securities; Child or guardian may ask for enforcement of judgment; And hall not prejudice the ultimate successional rights of children The Creditors shall be notified. (Article 51, FC)

Donations Propter Nuptias

Innocent spouse may revoke all

Donations propter nuptias shall remain

Donations propter nuptias shall remain

donations from offender, like insurance policy; Action to revoke donations must be brought within 5 years (Article 64, FC)

valid except if the donee contracted marriage in bad faith (Article 43, FC)

valid except if the donee contracted marriage in bad faith (Article 43, FC)

Marriage contracted by both in bad faith, donations by reason of marriage revoked by law (Article 44, FC)

Insurance

Innocent spouse may revoke designation of the other spouse as beneficiary in insurance policy even if the policy is irrevocable (Article 64, FC)

If one spouse acted in bad faith, innocent spouse may revoke his designation as beneficiary in the insurance policy even if such designation be stipulated irrevocable

Succession

Erring spouse disqualified from inheriting by both intestate and testate succession (Article 63, FC)

Spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from intestate and testate succession (Article 43, FC)

Custody

During the pendency of the case, Article 62 provides for the application of Article 49, FC

Custody of children is on the mother unless found to be unfit by the courts.

Court decides the custody and support in the absence of written agreement between the spouses (Article 49, FC)

No child under sever shall After the final decree, the custody is awarded to the innocent spouse subject to Article 213 (Article 63 (4), FC) be separated from the mother unless the court finds compelling reasons to order otherwise (Article 213, FC) If the child is above 7 years old: child's choice taken into consideration unless the choice is unfit for sole parental authority If the child is below 7, the custody is on the monther unless the mother is unfit.

Surname

Wife's mandatary retention of name prior to legal separation because there is in her marital status

Annulment (Article 371, CC) : a. if wife is guilty, she resumes maiden name

(Article 372,CC)

b. if wife is innocent, she has the option to retain her last name unless: 1. court says otherwise 2. husband remarries

Remarriage

Live separately but marriage bonds not severed (Article 63, FC)

Can remarry once there is a final judgement declaring the marriage null and void from the beginning

Either of the former spouse may remarry but failure to compy with ART 52 renders subsequent marriage void (Article 53, FC)

Others

Conjugal dwelling goes to the parent who has custody of majority of the common children; children below 7 > mother unless adjudicated in previous judicial proceedings

Recorded in the civil registry and registries of properties ( Article 52, FC) a. judgment of annulment or absolute nullity b. partition and distribution of properties c. delivery of children's presumptive legitimes

Reconciliation

Joint manifestation under oath filed in the same court of Legal Separation (Article 65, FC)

Except for physical incapacity to consumate marriage and STD, grounds are convalidated by free cohabitation (Article 45, FC)

Effect (Article 66, FC) a. If the action for legal separation is still pending, it would be terminated b. If the final decree has been issued, it shall be set aside but the separation of property and forfeiture of guilty spouse's share subsist unless both spouses agree to revive former regime

Former property relations may be revived but requires a statement accomplished under oath and filed in the same court as the proceedings for separation shall specify: (Article 67, FC) a.properties contributed anew b. properties to remain separate c.names of all known creditors and amounts owed