Article Explanation: Article 59 of the Family Code
Article 59. No legal separation may be decreed unless the Court has taken steps
toward the reconciliation of the spouses and is fully satisfied, despite
such efforts, that reconciliation is highly improbable.
Explanation:
It is state policy to save all marriages as embedded in Article 15 of the Philippine Constitution:
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
As such, the courts are obliged to exert all efforts to reconcile the spouses. On 15 March 2003, the Supreme Court issued A. M. No. 02-11-11-SC entitled 'Rule on Legal Separation'.
Under Sections 8 - 12 of the Rule on Legal Separation, provides the procedures for the pre-trial conference. It is hoped that through these procedures, the couple will be able to iron out their differences and reconcile. This shall be done 6 months prior to trial. If reconciliation occurs, a Decree of Reconciliation shall be issued by the court with both spouses issuing a joint manifestation under oath and the proceeding shall end. If reconciliation is not possible, a pre-trial order will be promulgated and presented to the court for decision.
Explanation:
It is state policy to save all marriages as embedded in Article 15 of the Philippine Constitution:
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
As such, the courts are obliged to exert all efforts to reconcile the spouses. On 15 March 2003, the Supreme Court issued A. M. No. 02-11-11-SC entitled 'Rule on Legal Separation'.
Under Sections 8 - 12 of the Rule on Legal Separation, provides the procedures for the pre-trial conference. It is hoped that through these procedures, the couple will be able to iron out their differences and reconcile. This shall be done 6 months prior to trial. If reconciliation occurs, a Decree of Reconciliation shall be issued by the court with both spouses issuing a joint manifestation under oath and the proceeding shall end. If reconciliation is not possible, a pre-trial order will be promulgated and presented to the court for decision.
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