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Separation
Aida
Baez
vs
Gabriel
Baez
(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
[2nd
wife]
vs
Hon.
Carriaga
Jr,
and
Concepcion
Pacete
[1st
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
Lucitas
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.
-
coco
eri,
September
2014