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Title II — Legal Separation

Article 64

EO 209 · Family Code of the Philippines

ELI5— what this means for you

After legal separation, if the court finds one spouse was at fault, that spouse loses the right to inherit from the innocent spouse through intestate succession and loses any gifts or donations previously made to them by the innocent spouse.

Official text — EO 209

After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. (107a)

Source: lawphil.net (EO 209 as amended)

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