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    Article 58 of The Family Code

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    Elsie Cayetano
    Article 101 of the Civil Code provides that no decree of legal separation can be granted based solely on a stipulation of facts or confession without trial. If the defendant does not appear, the prosecuting attorney must investigate for possible collusion and intervene on behalf of the state to prevent fabricated evidence for the plaintiff. Article 103 and the Family Code further require legal separation cases to not be tried for at least six months after filing to allow a cooling-off period, during which time the court must take steps to reconcile the parties. Compliance with these statutory requirements for legal separation cannot be ignored just because other remedies were also requested in the same case.

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    Article 58 of The Family Code

    Uploaded by

    Elsie Cayetano
    53 views1 page
    Article 101 of the Civil Code provides that no decree of legal separation can be granted based solely on a stipulation of facts or confession without trial. If the defendant does not appear, the prosecuting attorney must investigate for possible collusion and intervene on behalf of the state to prevent fabricated evidence for the plaintiff. Article 103 and the Family Code further require legal separation cases to not be tried for at least six months after filing to allow a cooling-off period, during which time the court must take steps to reconcile the parties. Compliance with these statutory requirements for legal separation cannot be ignored just because other remedies were also requested in the same case.

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    Article 58 of the Family Code

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    Article 101 of the Civil Code provides that no decree of legal separation can be granted based solely on a stipulation of facts or confession without trial. If the defendant does not appear, the prosecuting attorney must investigate for possible collusion and intervene on behalf of the state to prevent fabricated evidence for the plaintiff. Article 103 and the Family Code further require legal separation cases to not be tried for at least six months after filing to allow a cooling-off period, during which time the court must take steps to reconcile the parties. Compliance with these statutory requirements for legal separation cannot be ignored just because other remedies were also requested in the same case.

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    53 views1 page

    Article 58 of The Family Code

    Uploaded by

    Elsie Cayetano
    Article 101 of the Civil Code provides that no decree of legal separation can be granted based solely on a stipulation of facts or confession without trial. If the defendant does not appear, the prosecuting attorney must investigate for possible collusion and intervene on behalf of the state to prevent fabricated evidence for the plaintiff. Article 103 and the Family Code further require legal separation cases to not be tried for at least six months after filing to allow a cooling-off period, during which time the court must take steps to reconcile the parties. Compliance with these statutory requirements for legal separation cannot be ignored just because other remedies were also requested in the same case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    G.R. No.

    L-53880 March 17, 1994

    Article 101 of the Civil Code provides that, “no decree of legal separation shall be promulgated
    upon a stipulation of facts or by confession of judgment. In case of non-appearance of the
    defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion
    between the parties exists. If there is no collusion, the prosecuting attorney shall intervene for the
    State in order to take care that the evidence for the plaintiff is not fabricated.

    Article 103 of the Civil Code, now Article 58 of the Family Code, further mandates that an action for
    legal separation must "in no case be tried before six months shall have elapsed since the filing of
    the petition," obviously in order to provide the parties a "cooling-off" period.

    In this interim, the court should take steps toward getting the parties to reconcile. It is clear that the
    petitioner did, in fact, specifically pray for legal separation. That other remedies, whether principal
    or incidental, have likewise been sought in the same action cannot dispense, nor excuse compliance,
    with any of the statutory requirements aforequoted.

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