PHILJA BULLETIN Flashcards
1
Q
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES.
A
A.M. No. 02-11-10-SC
2
Q
RULE ON LEGAL SEPARATION…
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A.M. No. 02-11-11-SC
3
Q
RULE ON PROVISIONAL ORDERS.
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A.M. No. 02-11-12-SC
4
Q
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
A
A. M. No. 02-11-10-SC
5
Q
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Declaration of [?], the Court Resolved to APPROVE the same.
A
Absolute Nullity of Void Marriages and Annulment of Voidable Marriages
6
Q
The Rule shall take effect on [?] following its publication in a newspaper of general circulation not later than [?].
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March 15, 2003
March 7, 2003
7
Q
This Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under the Family Code ofthe Philippines.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SECTION 1. Scope
8
Q
Petition for declaration of absolute nullity of void marriages.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2.
9
Q
Petition for annulment of voidable marriages.
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DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3.
10
Q
(a) Who may file.- A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife. (n)
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DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2. Petition for declaration of absolute nullity of void marriages.
11
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(b) Where to file.- The petition shall be filed in the Family Court.
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DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2. Petition for declaration of absolute nullity of void marriages.
12
Q
(c) Imprescriptibility ofaction or defense.- An action or defense for the declaration of absolute nullity of void marriage shall not prescribe.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2. Petition for declaration of absolute nullity of void marriages.
13
Q
(d) What to allege.- A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of maniage at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2. Petition for declaration of absolute nullity of void marriages.
14
Q
The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage, but expert opinion need not be alleged.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 2. Petition for declaration of absolute nullity of void marriages.
15
Q
(a) Who mayfile.- The following persons may file a petition for annulment of voidable marriage based on any of the grounds under Article 45 of the Family Code and within the period herein indicated:
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
16
Q
(1) The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty- one unless, after attaining the age of twenty-one, such party freely cohabitated with the other as husband or wife; or the parent, guardian or person having legal charge of the contracting party, at any time before such party has reached the age of twenty-one;
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
17
Q
(2) The sane spouse who had no knowledge ofthe other’s insanity; or by any relative, guardian, or person having legal charge of the insane, at any time before the death of either party; or by the insane spouse during a lucid interval or after regaining sanity, provided that the petitioner, after coming to reason, has not freely cohabited with the other as husband or wife;
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
18
Q
(3) The injured party whose consent was obtained by fraud, within five years after the discovery of the fraud, provided that said party, with full knowledge of the facts constituting the fraud, has not freely cohabited with the other as husband or wife;
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
19
Q
(4) The injured party whose consent was obtained by force, intimidation, or undue influence, within five years from the time the force, intimidation, or undue influence disappeared or ceased, provided that the force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freely cohabited with the other as husband or wife;
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
20
Q
(5) The injured party where the other spouse is physically incapable of consummating the maniage with the other and such incapacity continues and appears to be incurable, within five years after the celebration of marriage;
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
21
Q
(6) The injured party where the other party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable, within five years after the celebration of maniage.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 3. Petition for annulment of voidable marriages.
22
Q
Venue
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DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 4.
23
Q
The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing, or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.
A
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 4. Venue
24
Q
Contents and form ofpetition.
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DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5.
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(1) The petition shall allege the complete facts constituting the cause of action.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5. Contents and form ofpetition.
26
(2) It shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved. If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5. Contents and form ofpetition.
27
(3) It must be verified and accompanied by a certification against forum shopping. The verification and certification must be signed personally by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5. Contents and form ofpetition.
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(4) It shall be filed in six copies. The petitioner shall serve a copy ofthe petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5. Contents and form ofpetition.
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Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the petition.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 5. Contents and form ofpetition.
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Summons.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 6.
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The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 6. Summons
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(1 ) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such places as the court may order. In addition, a copy of the summons shall be served on the respondent at his last known address by registered mail or any other means the court may deem sufficient.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 6. Summons
33
(2) The summons to be published shall be contained in an order of the court with the following data:
(a) Title of the case;
(b) Docket number;
(c) Nature of the petition;
(d) Principal grounds of the petition and the reliefs prayed for; and
(e) A directive for the respondent to answer within thirty (30) days from the last issue of publication.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 6. Summons
34
Motion to dismiss.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 7.
35
No motion to dismiss the petition shall be allowed except on the ground of lack ofjurisdiction over the subject matter or over the parties; provided, however. that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 7. Motion to dismiss
36
Answer.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 8.
37
(1) The respondent shall file his answer within fifteen (1 5) days fiom service of summons, or within thirty (30) days fiom the last issue of publication in case of service of summons by publication. The answer must be verified by the respondent himself and not by counsel or attorney-in-fact.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 8. Answer.
38
(2) If the respondent fails to file an answer, the court shall not declare him or her in default.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 8. Answer.
39
(3) Where no answer is filed or if the answer does not tender an issue, the court shall order the public prosecutor to investigate whether collusion exists between the parties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 8. Answer.
40
Investigation report ofpublic prosecutor
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 9.
41
(1) Within one month after receipt of the court order mentioned in paragraph (3) of Section 8 above. the public prosecutor shall submit a report to the court stating whether the parties are in collusion and serve copies thereof on the parties and their respective counsels, if any.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 9. Investigation report ofpublic prosecutor
42
(2) If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties shall file their respective comments on the finding of collusion within ten (1 0) days from receipt of a copy of the report. The court shall set the report for hearing and if convinced that the parties are in collusion, it shall dismiss the petition.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 9. Investigation report ofpublic prosecutor
43
(3) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 9. Investigation report ofpublic prosecutor
44
Social worker
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 10.
45
The court may require a social worker to conduct a case study and submit the corresponding report at least three (3) days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 10. Social worker
46
Pre-trial.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11.
47
is mandatory.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11. Pre-trial.
48
On motion or motu proprio, the court shall set the pre-trial after the last pleading has been served and filed, or upon receipt of the reporl of the public prosecutor that no collusion exists between the parties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11. Pre-trial.
49
(2) Notice ofpre-trial.- ' (a) The notice of pre-trial shall contain:
(1) The date of pre-trial conference; and
(2) An order directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure the receipt thereof by the adverse party at least three days before the date of pre-trial.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11. Pre-trial.
50
(b) The notice shall be served separately on the parties and their respective counsels as well as on the public prosecutor. It shall be their duty to appear personally at the pre-trial.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11. Pre-trial.
51
(c) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his last known address.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 11. Pre-trial.
52
Contents ofpre-trial brief
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 12.
53
The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicating the desired terms thereof;
(b) A concise statement of their respective claims together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly stating or describing the nature and purpose thereof;
(e) The number and names of the witnesses and their respective affidavits; and
(f) Such other matters as the court may require.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 12. Contents ofpre-trial brief
54
Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial under the succeeding paragraphs.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 12. Contents ofpre-trial brief
55
Effect of failure to appear at the pre-trial.-
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 13.
56
(a) If the petitioner fails to appear personally, the case shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 13. Effect of failure to appear at the pre-trial.
57
(b) If the respondent has filed his answer but fails to appear, the court shall proceed with the pre-trial and require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen (15) days thereafter a report to the court stating whether his non-appearance is due to any collusion between the parties. If there is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 13. Effect of failure to appear at the pre-trial.
58
Pre-trial conference.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 14.
59
(a) May refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law. The mediator shall render a report within one month from referral which, for good reasons, the court may extend for a period not exceeding one month.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 14. Pre-trial conference.-
60
(b) In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference, on which occasion it shall consider the advisability of receiving expert testimony and such other matters as may aid in the prompt disposition of the petition.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 14. Pre-trial conference.-
61
Pre-trial order
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5.
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(a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-trial, the court shall issue a pre-trial order which shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed on the pleadings, and, except as to the ground of declaration of nullity or annulment, the agreements or admissions made by the parties on any of the matters considered, including any provisional order that may be necessary or agreed upon by the parties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5. Pre-trial order
63
(b) Should the action proceed to trial, the order shall contain a recital of the following:
(1) Facts undisputed, admitted, and those which need not be proved subject to Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked and will be presented;
(4) Names of witnesses who will be presented and their testimonies in the form of affidavits; and
(5) Schedule of the presentation of evidence.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5. Pre-trial order
64
(c) The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression of evidence during the trial on the merits.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5. Pre-trial order
65
(d) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated in the pre-trial order. The order shall control the trial of the case, unless modified by the court to prevent manifest injustice.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5. Pre-trial order
66
(e) The parties shall have five (5) days from receipt of the pre-trial order to propose corrections or modifications.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 1 5. Pre-trial order
67
Prohibited compromise.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 16.
68
- The court shall not allow compromise on prohibited matters. such as the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 16. Prohibited compromise.
69
Trial
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 17.
70
(1) The presiding judge shall personally conduct the trial of the case. No delegation ofthe reception of evidence to a commissioner shall be allowed except as to matters involving property relations of the spouses.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 17. Trial
71
(2) The grounds for declaration of absolute nullity or annulment of marriage must be proved. No judgment on the pleadings, summary judgment, or confession'ofjudgment shall be allowed.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 17. Trial
72
(3) The court may order the exclusion from the courtroom of all persons, including members of the press. who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring a party to testify in open court would not enhance the ascertainment of truth; would cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the right of a party to privacy; or would be offensive to decency or public morals.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 17. Trial
73
(4) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made by any person other than a party or counsel of a party, except by order of the court.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 17. Trial
74
Memoranda.-
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 18.
75
The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda in support of their claims within fifteen (15) days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 18. Memoranda.
76
SEC. 19. Decision
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
77
(1) If the court renders a decision granting the petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
78
(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
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(3) The decision becomes final upon the expiration of fifteen (15) days from notice to the parties. Entry ofjudgment shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
80
(4) Upon the finality ofthe decision, the court shall forthwith issue the corresponding decree if the parties have no properties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
81
If the parties have properties, the court shall observe the procedure prescribed in Section 21 of this Rule.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
82
The entry ofjudgment shall be registered in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 19. Decision
83
Appeal
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 20.
84
(1) Pre-condition.-No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen (15) days from notice ofjudgment.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 20. Appeal
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(2) Notice of appeal.- An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen (15) days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 20. Appeal
86
Liquidation, partition and distribution, custody, support of common children and delivery of theirpresumptive 1egitimes.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 21.
87
- Upon entry ofthe judgment granting the petition, or, in case of appeal, upon receipt of the entry ofjudgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 5 1 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 21. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes.
88
Issuance of Decree of Declaration ofAbsolute Nullity or Annulment of Marriage
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 22.
89
- (a) The court shall issue the Decree after:
(1) Registration of the entry ofjudgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located;
(2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and
(3) The delivery of the children's presumptive legitimes in cash, property, or sound securities.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 22. Issuance of Decree of Declaration ofAbsolute Nullity or Annulment of Marriage -
90
(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 22. Issuance of Decree of Declaration ofAbsolute Nullity or Annulment of Marriage
91
Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the children affected.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 22. Issuance of Decree of Declaration ofAbsolute Nullity or Annulment of Marriage
92
Registration and publication of the decree; decree as best evidence.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 23.
93
(a) The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry ofthe place where the Family Court is situated, and in the National Census and Statistics Office. He shall report to the court compliance with this requirement within thirty (30) days from receipt of the copy of the Decree.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 23. Registration and publication of the decree; decree as best evidence
94
(b) In case service of summons was made by publication, the parties shall cause the publication of the Decree once in a newspaper of general circulation.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 23. Registration and publication of the decree; decree as best evidence
95
(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent as well as the properties or presumptive legitimes delivered to their common children.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 23. Registration and publication of the decree; decree as best evidence
96
Effect of death of a party; duty of the Family Court or Appellate Court
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 24.
97
(a) In case a party dies at any stage of the proceedings before the entry ofjudgment. the court shall order the case closed and terminated, without prejudice to the settlement of the estate in proper proceedings in the regular courts.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 24. Effect of death of a party; duty of the Family Court or Appellate Court
98
(b) If the party dies after the entry ofjudgment of nullity or annulment, the judgment shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 24. Effect of death of a party; duty of the Family Court or Appellate Court
99
Effectivity.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 25.
100
- This Rule shall take effect on March 15,2003 following its publication in a newspaper of general circulation not later than March 7,2003.
DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
SEC. 25. Effectivity.
101
RE: PROPOSED RULE ON LEGAL SEPARATION
A. M. No. 02-11-11-SC
102
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Rule on Legal Separation, the Court Resolved to APPROVE the same.
A. M. No. 02-11-11-SC
103
The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.
A. M. No. 02-11-11-SC
104
- This Rule shall govern petitions for legal separation under the Family Code of the Philippines.
LEGAL SEPARATION
SECTION 1. Scope.
105
Petition.
LEGAL SEPARATION
SEC. 2.
106
may be filed only by the husband or the wife, as the case may be, within five years from the time of the occurrence of any ofthe following causes:
LEGAL SEPARATION
SEC. 2. Petition.
107
(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
LEGAL SEPARATION
SEC. 2. Petition.
108
(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
LEGAL SEPARATION
SEC. 2. Petition.
109
(c) 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;
LEGAL SEPARATION
SEC. 2. Petition.
110
(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
LEGAL SEPARATION
SEC. 2. Petition.
111
Drug addiction or habitual alcoholism of the respondent;
LEGAL SEPARATION
SEC. 2. Petition.
112
Lesbianism or homosexuality of the respondent
LEGAL SEPARATION
SEC. 2. Petition.
113
Contracting by the respondent of a subsequent bigamous marriage, whether inor outside the Philippines
LEGAL SEPARATION
SEC. 2. Petition.
114
Sexual infidelity or perversion of the respondent
LEGAL SEPARATION
SEC. 2. Petition.
115
Attempt on the life of petitioner by the respondent
LEGAL SEPARATION
SEC. 2. Petition.
116
Abandonment of petitioner by respondent without justifiable cause for more than one year.
LEGAL SEPARATION
SEC. 2. Petition.
117
(b) Contents and form.
LEGAL SEPARATION
SEC. 2. Petition.
118
(1) Allege the complete facts constituting the cause of action.
LEGAL SEPARATION
SEC. 2. Petition.
119
(2) State the names and ages of the common children of the parties, specify the regime governing their property relations, the properties involved, and creditors, if any. If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other similar matters requiring urgent action.
LEGAL SEPARATION
SEC. 2. Petition.
120
(3) Be verified and accompanied by a certification against forum shopping. The verification and certification must be personally signed by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.
LEGAL SEPARATION
SEC. 2. Petition.
121
(4) Be filed in six copies. The petitioner shall, within five (5) days from such filing, fimish a copy of the petition to the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof of such service within the same period. Failure to comply with the preceding requirements may be a ground for immediate dismissal of the petition.
LEGAL SEPARATION
SEC. 2. Petition.
122
- The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six (6) months prior to the date of filing or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.
LEGAL SEPARATION
SEC. 2. Petition.
(c) Venue
123
Summons.
LEGAL SEPARATION
SEC. 3.
124
- The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules:
LEGAL SEPARATION
SEC. 3. Summons
125
(a) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such place as the court may order. In addition, a copy of the summons shall be served on respondent at his last known address by registered mail or by any other means the court may deem sufficient.
LEGAL SEPARATION
SEC. 3. Summons
126
(b) The summons to be published shall be contained in an order of the court with the following data:
(1) Title of the case;
(2) Docket number;
(3) Nature of the petition;
(4) Principal grounds of the petition and the reliefs prayed for; and
(5) A directive for respondent to answer within thirty (30) days from the last issue of publication.
LEGAL SEPARATION
SEC. 3. Summons
127
Motion to Dismiss.
LEGAL SEPARATION
SEC. 4.
128
-No motion to dismiss the petition shall be allowed except on the ground of lack ofjurisdiction over the subject matter or over the parties; Provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer.
LEGAL SEPARATION
SEC. 4. Motion to Dismiss.
129
Answer.
LEGAL SEPARATION
SEC. 5.
130
(a) The respondent shall file his answer within fifteen (1 5) days fiom receipt of summons, or within thirty (30) days from the last issue of publication in case of service of summons by publication. The answer must be verified by respondent himself and not by counsel or attorney-in-fact.
LEGAL SEPARATION
SEC. 5. Answer.
131
(b) If the respondent fails to file an answer, the court shall not declare him in default.
LEGAL SEPARATION
SEC. 5. Answer.
132
(c) Where no answer is filed, or if the answer does not tender an issue, the court shall order the public prosecutor to investigate whether collusion exists between the parties.
LEGAL SEPARATION
SEC. 5. Answer.
133
Investigation Report of Public Prosecutor
LEGAL SEPARATION
SEC. 6.
134
(a) Within one month after receipt of the court order mentioned in paragraph (c) of the preceeding section, the public prosecutor shall submit a report to the court on whether the parties are in collusion and serve copies on the parties and their respective counsels, if any.
LEGAL SEPARATION
SEC. 6. Investigation Report of Public Prosecutor
135
(b) If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties shall file their respective comments on the finding of collusion within ten (1 0) days from receipt of copy of the report. The court shall set the report for hearing and if convinced that parties are in collusion, it shall dismiss the petition.
LEGAL SEPARATION
SEC. 6. Investigation Report of Public Prosecutor
136
(c) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.
LEGAL SEPARATION
SEC. 6. Investigation Report of Public Prosecutor
137
Social Worker
LEGAL SEPARATION
SEC. 7.
138
- The court may require a social worker to conduct a case study and to submit the corresponding report at least three (3) days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary.
LEGAL SEPARATION
SEC. 7. Social Worker
139
Pre-trial.
LEGAL SEPARATION
SEC. 8.
140
is mandatory. On motion or motuproprio; the court shall set the pre-trial after the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no collusion exists between the parties on a date not earlier than six (6) months from date of the filing of the petition.
LEGAL SEPARATION
SEC. 8. Pre-trial.
141
(1) The notice of pre-trial shall contain:
(a) The date of pre-trial conference; and
(b) An order directing the parties to file and serve their respective pre-trial briefs in such manner as shall ensure the receipt thereof by the adverse party at least three (3) days before the date of pre-trial.
LEGAL SEPARATION
SEC. 8. Pre-trial.
(b) Notice of Pre-trial.
142
(2) The notice shall be served separately on the parties and their respective counsels as well as on the public prosecutor. It shall be their duty to appear personally at the pre- trial.
LEGAL SEPARATION
SEC. 8. Pre-trial.
(b) Notice of Pre-trial.
143
(3) Notice of pre-trial shall be sent to the respondent even if he fails to file an answer. In case of summons by publication and the respondent failed to file his answer, notice of pre-trial shall be sent to respondent at his last known address.
LEGAL SEPARATION
SEC. 8. Pre-trial.
(b) Notice of Pre-trial.
144
(1) A statement of the willingness of the parties to enter into agreements as may be allowed by law, indicating the desired terms thereof;
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
145
(2) A concise statement of their respective claims together with the applicable laws and authorities;
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
146
(3) Admitted facts and proposed stipulations of facts, as well as the disputed factual and legal issues;
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
147
(4) All the evidence to be presented, including expert opinion, if any, briefly stating or describing the nature and purpose thereof;
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
148
(5) The number and names of the witnesses and their respective affidavits; and
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
149
(6) Such other matters as the court may require.
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
150
Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial under the succeeding section.
LEGAL SEPARATION
SEC. 9. Contents ofpre-trial brief
151
Contents ofpre-trial brief
LEGAL SEPARATION
SEC. 9.
152
Eflect oflailure to appear at the pre-trial.
LEGAL SEPARATION
SEC. 10.
153
(1) Ifthe petitioner fails to appear personally, the case shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.
LEGAL SEPARATION
SEC. 10. Eflect oflailure to appear at the pre-trial.
154
(2) If the respondent filed his answer but fails to appear, the court shall proceed with the pre-trial and require the public prosecutor to investigate the non-appearance of the respondent and submit within fifteen (1 5) days a report to the court stating whether his non-appearance is due to any collusion between the parties. If there is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.
LEGAL SEPARATION
SEC. 10. Eflect oflailure to appear at the pre-trial.
155
Pre-trial conference.
LEGAL SEPARATION
SEC. 11.
156
At the pre-trial conference, the court may refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law.
LEGAL SEPARATION
SEC. 11. Pre-trial conference.
157
The mediator shall render a report within one month from referral which, for good reasons, the court may extend for a period not exceeding one month.
LEGAL SEPARATION
SEC. 11. Pre-trial conference.
158
In case mediation is not availed of or where it fails, the court shall proceed with the pre-trial conference, on which occasion it shall consider the advisability of receiving expert testimony and such other matters as may aid in the prompt disposition of the petition.
LEGAL SEPARATION
SEC. 11. Pre-trial conference.
159
Pre-trial order.
LEGAL SEPARATION
SEC. 12.
160
(a) The proceedings in the pre-trial shall be recorded. Upon termination of the pre-trial, the court shall issue a pre-trial order which shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed on the pleadings, and, except as to the ground of legal separation, the agreements or admissions made by the parties on any of the matters considered, including any provisional order that may be necessary or agreed upon by the parties.
LEGAL SEPARATION
SEC. 12. Pre-trial order.
161
(b) Should the action proceed to trial, the order shall contain a recital of the following:
(1) Facts undisputed, admitted, and those which need not be proved subject to Section 13 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked and will be presented;
(4) Names of witnesses who will be presented and their testimonies in the form of affidavits; and
(5) Schedule of the presentation of evidence.
LEGAL SEPARATION
SEC. 12. Pre-trial order.
162
The pre-trial order shall also contain a directive to the public prosecutor to appear for the State and take steps to prevent collusion between the parties at any stage of the proceedings and fabrication or suppression of evidence during the trial on the merits.
LEGAL SEPARATION
SEC. 12. Pre-trial order.
163
(c) The parties shall not be allowed to raise issues or present witnesses and evidence other than those stated in the pre-trial order. The order shall control the trial of the case unless modified by the court to prevent manifest injustice.
LEGAL SEPARATION
SEC. 12. Pre-trial order.
164
(d) The parties shall have five (5) days from receipt of the pre-trial order to propose corrections or modifications.
LEGAL SEPARATION
SEC. 12. Pre-trial order.
165
- The court shall not allow compromise on prohibited matters, such as the following:
(1) The civil status of persons;
(2) The validity of a marriage or of a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.
LEGAL SEPARATION
SEC. 13. Prohibited compromise.
166
Prohibited compromise.
LEGAL SEPARATION
SEC. 13.
167
Trial
LEGAL SEPARATION
SEC. 14.
168
(a) The presiding judge shall personally conduct the trial of the case. No delegation of the reception of evidence to a commissioner shall be allowed except as to matters involving property relations of the spouses.
LEGAL SEPARATION
SEC. 14. Trial
169
(b) The grounds for legal separation must be proved. No judgment on the pleadings, summary judgment, or confession ofjudgment shall be allowed.
LEGAL SEPARATION
SEC. 14. Trial
170
(c) The court may order the exclusion fiom the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring a party to testify in open court would not enhance the ascertainment of truth; would cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the party's right to privacy: or would be offensive to decency or public morals.
LEGAL SEPARATION
SEC. 14. Trial
171
(d) No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made by any person other than a party or counsel of a party, except by order of the court.
LEGAL SEPARATION
SEC. 14. Trial
172
Memoranda.
LEGAL SEPARATION
SEC. 15.
173
The court may require the parties and the public prosecutor to file their respective memoranda in support of their claims within fifteen (1 5) days from the date the trial is terminated. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.
LEGAL SEPARATION
SEC. 15. Memoranda
174
Decision
LEGAL SEPARATION
SEC. 16.
175
(a) The court shall deny the petition on any of the following grounds:
(1) The aggrieved party has condoned the offense or act complained of or has consented to the commission of the offense or act complained of;
(2) There is connivance in the commission of the offense or act constituting the ground for legal separation;
(3) Both parties have given ground for legal separation;
(4) There is collusion between the parties to obtain the decree of legal separation; or (5) The action is barred by prescription.
LEGAL SEPARATION
SEC. 16. Decision
176
(b) If the court renders a decision granting the petition, it shall declare therein that the Decree of Legal Separation shall be issued by the court only after full compliance with liquidation under the Family Code.
However, in the absence of any property of the parties, the court shall forthwith issue a Decree of Legal Separation which shall be registered in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the legal separation is located.
LEGAL SEPARATION
SEC. 16. Decision
177
(c) The decision shall likewise declare that:
(1) The spouses are entitled to live separately from each other, but the marriage bond is not severed;
(2) The obligation of mutual support between the spouses ceases; and
(3) The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and provisions in favor of the offending spouse made in the will of the innocent spouse are revoked by operation of law.
LEGAL SEPARATION
SEC. 16. Decision
178
(d) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall also be published once in a newspaper of general circulation.
LEGAL SEPARATION
SEC. 16. Decision
179
(a) Pre-condition.- No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen (1 5) days from notice ofjudgment.
LEGAL SEPARATION
SEC. 17. Appeal.
180
(b) Notice ofAppea1.- An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen (1 5) days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal upon the adverse parties.
LEGAL SEPARATION
SEC. 17. Appeal.
181
Appeal.
LEGAL SEPARATION
SEC. 17.
182
Liquidation, partition and distribution, custody, and support of minor children.
LEGAL SEPARATION
SEC. 18.
183
- Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry ofjudgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody and support of common children, under the Family Code unless such matters had been adjudicated in previous judicial proceedings.
LEGAL SEPARATION
SEC. 18. Liquidation, partition and distribution, cu~tody, and support of minor children
184
(a) The court shall issue the Decree of Legal Separation after:
(1) Registration ofthe entry ofjudgment granting the petition for legal separation in the Civil Registry where the marriage was celebrated and in the Civil Registry where the Family Court is located; and
(2) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located.
LEGAL SEPARATION
SEC. 19. Issuance of Decree of Legal Separation.
185
(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.
LEGAL SEPARATION
SEC. 19. Issuance of Decree of Legal Separation.
186
Issuance of Decree of Legal Separation.
LEGAL SEPARATION
SEC. 19.
187
Registration andpublication of the Decree of Legal Separation; decree as best evidence.
LEGAL SEPARATION
SEC. 20.
188
(a) Registration of decree.- The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, in the Civil Registry of the place where the Family Court is situated, and in the National Census and Statistics Office. He shall report to the court compliance with this requirement within thirty (30) days from receipt of the copy of the Decree.
LEGAL SEPARATION
SEC. 20. Registration andpublication of the Decree of Legal Separation; decree as best evidence.
189
(b) Publication of decree.- In case service of summons was made by publication, the parties shall cause the publication of the Decree once in a newspaper of general circulation.
LEGAL SEPARATION
SEC. 20. Registration andpublication of the Decree of Legal Separation; decree as best evidence.
190
(c) Best evidence.- The registered Decree shall be the best evidence to prove the legal separation of the parties and shall serve as notice to third persons concerning the properties of petitioner and respondent.
LEGAL SEPARATION
SEC. 20. Registration andpublication of the Decree of Legal Separation; decree as best evidence.
191
Effect of death of a party; duty of the Family Court or Appellate Court.
LEGAL SEPARATION
SEC. 21.
192
(a) In case a party dies at any stage of the proceedings before the entry ofjudgment, the court shall order the case closed and terminated without prejudice to the settlement of estate in proper proceedings in the regular courts.
LEGAL SEPARATION
SEC. 21. Effect of death of a party; duty of the Family Court or Appellate Court
193
(b) If the party dies after the entry ofjudgment, the same shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts.
LEGAL SEPARATION
SEC. 21. Effect of death of a party; duty of the Family Court or Appellate Court
194
(a) Within five (5) years from the date the decision granting the petition for legal separation has become final, the innocent spouse may file a petition under oath in the same proceeding for legal separation to revoke the donations in favor of the offending spouse.
LEGAL SEPARATION
SEC. 22. Petition for revocation of donations.
195
(b) The revocation of the donations shall be recorded in the Register of Deeds in the places where the properties are located.
LEGAL SEPARATION
SEC. 22. Petition for revocation of donations.
196
(c) Alienations, liens, and encumbrances registered in good faith before the recording of the petition for revocation in the registries of property shall be respected.
LEGAL SEPARATION
SEC. 22. Petition for revocation of donations.
197
(d) After the issuance of the Decree of Legal Separation, the innocent spouse may revoke the designation of the offending spouse as a beneficiary in any insurance policy even if such designation be stipulated as irrevocable. The revocation or change shall take effect upon written notification thereof to the insurer.
LEGAL SEPARATION
SEC. 22. Petition for revocation of donations.
198
Petition for revocation of donations.
LEGAL SEPARATION
SEC. 22.
199
Decree of Reconciliation.
LEGAL SEPARATION
SEC. 23.
200
(a) If the spouses had reconciled, a joint manifestation under oath, duly signed by the spouses, may be filed in the same proceeding for legal separation.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
201
(b) If the reconciliation occurred while the proceeding for legal separation is pending, the court shall immediately issue an order terminating the proceeding.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
202
(c) If the reconciliation occurred after the rendition of the judgment granting the petition for legal separation but before the issuance of the Decree, the spouses shall express in their manifestation whether or not they agree to revive the former regime oftheir property relations or choose a new regime. The court shall immediately issue a Decree of Reconciliation declaring that the legal separation proceeding is set aside and specifying the regime of property relations under which the spouses shall be covered.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
203
(d) If the spouses reconciled after the issuance of the Decree, the court, upon proper motion, shall issue a decree of reconciliation declaring therein that the Decree is set aside but the separation of property and any forfeiture ofthe share of the guilty spouse already effected subsists, unless the spouses have agreed to revive their former regime of property relations or adopt a new regime.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
204
(e) In case of paragraphs (b), (c), and (d), if the reconciled spouses choose to adopt a regime of property relations different from that which they had prior to the filing of the petition for legal separation, the spouses shall comply with Section 24 hereof.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
205
(f) The decree of reconciliation shall be recorded in the Civil Registries where the marriage and the Decree had been registered.
LEGAL SEPARATION
SEC. 23. Decree of Reconciliation
206
Revival ofproperty regime or adoption of another
LEGAL SEPARATION
SEC. 24.
207
(a) In case of reconciliation under Section 23, paragraph (c) above, the parties shall file a verified motion for revival of regime of property relations or the adoption of another regime of property relations in the same proceeding for legal separation attaching to said motion their agreement for the approval of the court.
LEGAL SEPARATION
SEC. 24. Revival ofproperty regime or adoption of another
208
(b) The agreement which shall be verified shall specify the following:
(1) The properties to be contributed to the restored or new regime;
(2) Those to be retained as separate properties of each spouse; and
(3) The names of all their known creditors, their addresses, and the amounts owing to each.
LEGAL SEPARATION
SEC. 24. Revival ofproperty regime or adoption of another
209
(c) The creditors shall be furnished with copies of the motion and the agreement.
LEGAL SEPARATION
SEC. 24. Revival ofproperty regime or adoption of another
210
(d) The court shall require the spouses to cause the publication of their verified motion for two consecutive weeks in a newspaper of general circulation.
LEGAL SEPARATION
SEC. 24. Revival ofproperty regime or adoption of another
211
(e) After due hearing, and the court decides to grant the motion, it shall issue an order directing the parties to record the order in the proper registries of property within thirty days from receipt of a copy of the order and submit proof of compliance within the same period.
LEGAL SEPARATION
SEC. 24. Revival ofproperty regime or adoption of another
212
- This Rule shall take effect on March 15,2003 following its publication in a newspaper of general circulation not later than March 7,2003.
LEGAL SEPARATION
SEC. 25. Eflectivity.
213
submitting for this Court's consideration and approval the Proposed Rule on Provisional Orders, the Court Resolved to APPROVE the same.
RE: PROPOSED RULE ON PROVISIONAL ORDERS
214
The Rule shall take effect on March 15, 2003 foilowing its publication in a newspaper of general circulation not later than March 7, 2003.
RE: PROPOSED RULE ON PROVISIONAL ORDERS
