The Manila Times

Venue and parties in a petition for legal separation

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@ manilatimes.net

Dear PAO,

My parents, Filipinos and both residents of the Philippines, have been married for 30 years now. As soon as I learned about a recent incident involving my father’s sexual infidelity, I immediately discussed the matter with my mother. My mother was shocked but did not believe me until she herself saw my father being intimately in love with another woman. Currently, I am convincing her to file a petition for legal separation. If my mother AGREES, WHERE SHOULD SHE fiLE HER PETITION? BUT IF SHE REFUSES TO fiLE A PETITION FOR LEGAL separation against my father and instead CONDONES [THE ACT], CAN I DO IT INSTEAD? I REally want my father to be legally separated from my mother but not to be free to marry anyone else.

Joseph

Dear Joseph,

With regard to your first query, Section 2 (c) of the Supreme Court’s En Banc Resolution AM 02-11-11-SC, or the “Rule On Legal Separation” provides for the court which has jurisdiction over legal separation cases and the venue where to file such case, as follows:

“(c) Venue. - 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.” (Emphasis supplied)

In this regard, your mother may file her petition for legal separation in the Family Court of the province or the city where she or your father has been residing for at least six months prior to the date of filing, at the election of your mother.

With regard to your second query, Section 2 (a) of the Rule on Legal Separation provides who may file a petition for legal separation as follows:

“Sec. 2. Petition. - (a) Who may and when to file. - (1) A petition for legal separation MAY BE fiLED ONLY BY THE HUSBAND OR THE WIFE, as the case may be xxx” (Emphasis supplied)

In addition, Article 56 of the Family Code provides:

“Art. 56. The petition for legal separation shall be denied on any of the following grounds:

“(1) Where the aggrieved party has condoned the offense or act complained of; “xxx” (Emphasis supplied)

In view of the foregoing, please be advised that you cannot file the petition for legal separation on behalf of your mother. Only your mother, the aggrieved party, can file a petition for legal separation. Lastly, her petition for legal separation will not prosper should she condone what your father did.

We hope that we were able to answer your queries. Please be reminded that 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.

News

en-ph

2021-12-05T08:00:00.0000000Z

2021-12-05T08:00:00.0000000Z

https://digitaledition.manilatimes.net/article/281586653883667

The Manila Times