Dear PAO,
I want to file a petition for legal separation against my husband since I caught him with another woman. I want to do this immediately, but my friend told me that we have to at least attempt to compromise before I can file a case. Is this true?
Liz
Dear Liz,
The Constitution itself protects the sanctity of the family and endeavors to strengthen it as a basic autonomous social institution. In fact, this protection was made more effective under Article 151 of the Family Code, which states that:
“Art 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
“This rule shall not apply to cases which may not be the subject of compromise under the Civil Code.”
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As provided by the aforementioned law, earnest efforts toward a compromise are necessary before an action may proceed in court between members of the same family. If no efforts toward the same were made, the case must be dismissed. However, while the law endeavors to protect family relations, there are also matters which the law itself prohibits from being compromised. Thus, the law further provided that earnest efforts toward an amicable settlement will not be necessary in cases which may not be subject to a compromise under the New Civil Code.
In relation to questions that may not be the subject of compromise, Article 2035 of the New Civil Code provides:
“Article 2035. No compromise upon the following questions shall be valid:
“(1) The civil status of persons;
“(2) The validity of a marriage or a legal separation;
“(3) Any ground for legal separation;
“(4) Future support;
“(5) The jurisdiction of courts;
“(6) Future legitime.”
Since the controversy between you and your husband involves infidelity and you wish to be legally separated from him, your cause of action against him falls under the category of cases which may not be subject to a compromise, particularly those affecting the civil status of persons, validity of marriage, and grounds for legal separation.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
