Professional Documents
Culture Documents
Who may
file and
when to file
Where to
file
Contents
and form
Summons
Legal Separation
SAME
Either husband or wife, within 5yrs from occurrence of any of the ff:
(i) repeated phys violence/grossly abusive conduct to Pet/common
child/child of Pet
(ii) phys violence/moral pressure change religious/political beliefs
(iii) attempt to corrupt/induce Pet/common child/child of Pet to engage
in prostitution, or connivance in such corruption or inducement
(iv) final judgment imprisonment of more than 6yrs, even if
pardoned
(v) drug addiction or habitual alcoholism
(vi) lesbianism or homosexuality
(vii) subsequent bigamous marriage, WON in the PH
(viii) sexual infidelity or perversion
(ix) attempt on life of Pet by Resp
(x) abandonment without justifiable cause for more than 1yr
SAME
SAME
SAME
MTD
Answer
Investigatio
n Report of
the Public
Prosecutor
Social
Worker
Pre-trial
SAME
SAME
SAME
SAME
SAME
Contents of
PTB
Effect of
Failure to
Appear at
Pre-Trial
Pre-trial
Conference
Pre-trial
Order
SAME
SAME
SAME
SAME
Prohibited
Compromis
e
Trial
Memoranda
Decision
SAME
SAME
Court is located
Appeal
Liquidation,
Partition
and
Distribution
, Custody,
Support of
Common
Children
and
Delivery of
their
Presumptiv
e Legitimes
Issuance of
Decree
After:
o reg of entry of judgment in the Civ Reg where Family Court
is located
o reg of approved partition and distribution of prop in proper
Reg of Deeds where real properties located
o delivery of presumptive legitimes case/property/sound
securities
decree shall contain dispositive of judgment
Registratio
n and
Publication
of the
Decree;
Decree as
Best
Evidence
Effect of
Death of a
Party; Duty
of the
Family
Court or
Appellate
Court
Petition for
Revocation
of
Donations
N/A
SAME
Decree of
Reconciliati
on
N/A
May be filed by innocent spouse, under oath, within 5yrs from date
of finality of decision granting the legal separation
Revocation shall be recorded in the Reg of Deeds in the places
where prop are
Alienations, liens and encumbrances registered in GF before
recording of petition for revocation shall be respected
Innocent spouse may also revoke designation of offending spouse
as beneficiary in any insurance policy, even if designation be
stipulated as irrevocable
o Shall take effect upon written notification to insurer
If spouses had reconciled:
o Joint manifestation
o Under oath
o Duly signed by both parties
o May be filed in same proceeding
While proceeding is pending
o court shall immediately issue order of termination
Revival of
Property
Regime or
Adoption of
Another
N/A
Effectivity
March 15, 2003, following pub not later than March 7, 2003