Re: Proposed Rule on Legal Separation

The Proposed Rule on Legal Separation is approved and shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003. The Rule governs petitions for legal separation under the Family Code of the Philippines, and the Rules of Court apply suppletorily.

The Family Code of the Philippines supplies the substantive framework for legal separation, while the Rules of Court apply suppletorily to petitions for legal separation. The Committee on Revision of the Rules of Court, through its Chairman, submitted the Proposed Rule on Legal Separation to the Supreme Court for consideration and approval. The proposed Rule was intended to establish the procedural regime governing petitions for legal separation under the Family Code.

The Committee on Revision of the Rules of Court, through its Chairman, submitted to the Supreme Court for consideration and approval the Proposed Rule on Legal Separation. The proposed Rule was designed to govern petitions for legal separation under the Family Code of the Philippines, with the Rules of Court applying suppletorily.

On March 4, 2003, the Court En Banc acted on the Committee's letter and resolved to approve the Proposed Rule. The Rule was to take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

The resolution was issued with the concurrence of Davide Jr., C.J., and Justices Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Sandoval Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr., and Azcuna. Ynares-Santiago was on leave, and Corona was officially on leave.

• Approval of Proposed Rule: Whether the Supreme Court should approve the Proposed Rule on Legal Separation submitted by the Committee on Revision of the Rules of Court.

• Approval of Proposed Rule: Yes. The Supreme Court approved the Proposed Rule on Legal Separation, effective March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003.

• Approval of Proposed Rule: The Court acted on the letter of the Chairman of the Committee on Revision of the Rules of Court, which submitted the Proposed Rule on Legal Separation for consideration and approval. The Court resolved to approve the same. The Rule governs petitions for legal separation under the Family Code of the Philippines, with the Rules of Court applying suppletorily. Its effectivity was fixed on March 15, 2003, conditioned on publication in a newspaper of general circulation not later than March 7, 2003.

• Rule on Legal Separation — The Rule governs petitions for legal separation under the Family Code of the Philippines; the Rules of Court apply suppletorily.
• Limited Motion to Dismiss — No motion to dismiss the petition is allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; any other ground that might warrant dismissal may be raised as an affirmative defense in the answer.
• Mandatory Pre-trial — Pre-trial is mandatory; the court shall set it after the last pleading has been served and filed, or upon receipt of the public prosecutor's report that no collusion exists, on a date not earlier than six months from filing of the petition.
• Public Prosecutor's Role — The public prosecutor investigates collusion; if collusion exists, the petition is dismissed; if no collusion exists, the public prosecutor appears for the State at pre-trial and trial to prevent suppression or fabrication of evidence.
• Prohibited Compromise — The court shall not allow compromise on prohibited matters, including the civil status of persons, the validity of a marriage or of a legal separation, any ground for legal separation, future support, the jurisdiction of courts, and future legitime.
• Proof of Grounds — The grounds for legal separation must be proved; no judgment on the pleadings, summary judgment, or confession of judgment is allowed.
• Effects of Legal Separation — The spouses are entitled to live separately but the marriage bond is not severed; mutual support ceases; the offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and provisions in favor of the offending spouse in the innocent spouse's will are revoked by operation of law.
• Decree of Reconciliation — Reconciliation may terminate the proceeding if pending, set aside the legal separation proceeding if before decree, or set aside the decree if after issuance, with property consequences as provided.

• "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 APPROVED the same." — This is the dispositive resolution approving the Proposed Rule on Legal Separation.
• "The Rule shall take effect on March 15, 2003 following its publication in a newspaper of general circulation not later than March 7, 2003" — This fixes the effectivity date and the publication requirement for the Rule.
• "This Rule shall govern petitions for legal separation under the Family Code of the Philippines. The Rules of Court shall apply suppletorily." — This states the scope of the Rule and the suppletory application of the Rules of Court.
• "No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction 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." — This limits the grounds for a motion to dismiss and channels other grounds into the answer as affirmative defenses.

• Family Code of the Philippines — The Rule governs petitions for legal separation under the Family Code; the Code supplies the substantive framework for legal separation.
• Rules of Court — Under Section 1 of the Rule, the Rules of Court apply suppletorily to petitions for legal separation.
• Section 2, Rule on Legal Separation — Governs who may file, the five-year period from occurrence of the causes, the contents and form of the petition, and venue.
• Section 4, Rule on Legal Separation — Limits a motion to dismiss to lack of jurisdiction over the subject matter or over the parties; other grounds may be raised as affirmative defenses.
• Section 5, Rule on Legal Separation — Requires a verified answer, prohibits default, and directs the public prosecutor to investigate collusion when no answer is filed or the answer does not tender an issue.
• Section 6, Rule on Legal Separation — Requires the public prosecutor to submit a collusion report; if collusion exists, the petition is dismissed; if no collusion exists, the case is set for pre-trial.
• Section 8, Rule on Legal Separation — Makes pre-trial mandatory and prescribes notice and personal appearance requirements.
• Section 13, Rule on Legal Separation — Prohibits compromise on civil status, validity of marriage or legal separation, any ground for legal separation, future support, jurisdiction of courts, and future legitime.
• Section 14, Rule on Legal Separation — Requires the presiding judge to personally conduct trial, mandates proof of grounds, disallows judgment on the pleadings, summary judgment, and confession of judgment, and allows privacy measures.
• Section 16, Rule on Legal Separation — Lists grounds to deny the petition, prescribes the contents of a decision granting it, and states the effects of legal separation.
• Section 17, Rule on Legal Separation — Requires a motion for reconsideration or new trial before appeal and governs the filing of a notice of appeal.
• Section 19, Rule on Legal Separation — Provides for issuance of the Decree of Legal Separation after registration of the entry of judgment and the approved partition.
• Section 22, Rule on Legal Separation — Allows the innocent spouse to petition for revocation of donations within five years and to revoke the offending spouse's designation as an insurance beneficiary.
• Section 23, Rule on Legal Separation — Governs the Decree of Reconciliation and its effects depending on the stage of the proceedings.
• Section 25, Rule on Legal Separation — Fixes the effectivity of the Rule on March 15, 2003 following publication not later than March 7, 2003.

Davide Jr., C.J.; Bellosillo; Puno; Vitug; Mendoza; Panganiban; Quisumbing; Sandoval Gutierrez; Carpio; Austria-Martinez; Carpio-Morales; Callejo, Sr.; and Azcuna, JJ. Ynares-Santiago was on leave; Corona was officially on leave.