Snippets and Doctrines of Cases on Legal Separation

Aida Bañez vs Gabriel Bañez – (2002)

- Multiple appeals may not be taken in an action for legal separation. To hold otherwise would constitute splitting a cause of action because a legal separation case involves only one cause of action. The issues involved in the case will necessarily relate to the same marital relationship between the parties.  The effects of legal separation, such as entitlement to live separately, dissolution and liquidation of the absolute community or conjugal partnership, and custody of the minor children, follow from the decree of legal separation. They are not separate or distinct matters that may be resolved by the court and become final prior to or apart from the decree of legal separation. 

Enrico Pacete, and Clarita De La Concepcion [2^nd wife] vs Hon. Carriaga Jr, and Concepcion Pacete [1^st wife] - (1994)

- Private respondent filed for an action for the declaration of absolute nullity of the marriage between petitioners, and for legal separation against Enrico. Petitioners were declared in default and a judgment by default was rendered in favor of private respondent.

- Marriage is a special contract and an inviolable institution to which the state is vitally interested Thus, the Rules of Court expressly proscribes the court from issuing default orders in cases of Legal Separation, Petition for Nullity of Marriage and Annulment of Marriage. Art. 101 (now Art. 60, FC) of the NCC expressly provides that no decree of legal separation shall be promulgated upon stipulation of facts or by confession of judgment. Further, Art. 103 (Now Art. 58, FC) of the NCC requires that an action for legal separation must “in no case be tried before six months shall have elapsed since the filing of the petition” (six-months cooling – off period rule).

William Ong vs Lucita Ong – (2006)

- The SC is not a trier of facts. Both the CA and the court a quo concluded that based on the testimonies of a number of witnesses, including a doctor and Lucita’s sister, that indeed petitioner beat her and was grossly abusive to her and her children. Further, petitioner admitted that there was no day that he and Lucita did not fight and blamed the latter for her shortcomings as a wife.

Brigido Quiao vs Rita Quiao – (2012)

- Article 129 of the Family Code in relation to Article 63(2) of the Family Code governs the dissolution and liquidation of the common properties of a couple who got married in 1977 (before the Family Code was enacted) and obtained a decree of legal separation when the Family Code is already in effect.