Article 100
ELI5— what this means for you
Only the spouse who did nothing wrong can file for legal separation, as long as they never condoned or consented to the other spouse's adultery or concubinage; if both spouses were unfaithful, neither can file, and if the couple colludes just to get a legal separation, the case will be dismissed.
Official text — RA 386
The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition. (3a, Act No. 2710)
Source: lawphil.net (RA 386 as amended)
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