What happens if the aggrieved party consented to the commission of the offense?
Consenting to a marital offense removes a spouse’s right to later complain about it in court. If the aggrieved party voluntarily consented to the commission of the act, their petition for legal separation will fail. The court views this prior consent as fundamentally negating the injury required to grant a separation. This logical denial ground is derived from Article 56 Family Code of the Philippines. “Art. 56. The petition for legal separation shall be denied on any of the following grounds: … (2) Where the aggrieved party has consented to the commission of the offense or act complained of;” 31-Jul-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
