Title IV.

- LEGAL SEPARATION
Art. 97. A petition for legal separation may be filed:
(1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the
Penal Code; or
(2) An attempt by one spouse against the life of the other. (n)
Art. 98. In every case the court must take steps, before granting the legal separation, toward the
reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable. (n)
Art. 99. No person shall be entitled to a legal separation who has not resided in the Philippines for one year
prior to the filing of the petition, unless the cause for the legal separation has taken place within the territory
of this Republic. (Sec. 2a, Act No. 2710)
Art. 100. The legal separation may be claimed only by the innocent spouse, provided there has been no
condonation of or consent to the adultery or concubinage. Where both spouses are offenders, a legal
separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation
shall cause the dismissal of the petition. (3a, Act No. 2710)
Art. 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of
judgment.
In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether
or not a collusion between the parties exists. If there is no collusion, the prosecuting attorney shall intervene
for the State in order to take care that the evidence for the plaintiff is not fabricated. (n)
Art. 102. An action for legal separation cannot be filed except within one year from and after the date on
which the plaintiff became cognizant of the cause and within five years from and after the date when such
cause occurred. (4a, Act 2710)
Art. 103. An action for legal separation shall in no case be tried before six months shall have elapsed since
the filing of the petition. (5a, Act 2710)
Art. 104. After the filing of the petition for legal separation, the spouses shall be entitled to live separately
from each other and manage their respective property.
The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it
may appoint another to manage said property, in which case the administrator shall have the same rights
and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in
accordance with the orders of the court. (6, Act 2710)