In Philippine civil law, legal separation is a formal legal process wherein a married couple may seek separation without dissolution of the marriage bond. Within this framework, reconciliation between the spouses after a decree of legal separation has particular legal consequences. Below is a meticulous breakdown of the effects of reconciliation on a legally separated couple, in accordance with the Family Code of the Philippines.

1. Relevant Provisions in the Family Code

The primary law governing marriage and family relations in the Philippines is the Family Code. Articles 63 and 66 of the Family Code directly address the effects of reconciliation on legal separation.

Article 63 provides the effects of a decree of legal separation.
Article 66 addresses the consequences of reconciliation between legally separated spouses.

2. Effects of Reconciliation on Legal Separation

A. Termination of Decree of Legal Separation

Once a couple who has obtained a decree of legal separation reconciles, the decree of legal separation is terminated. This means that the effects of the legal separation cease. However, the reconciliation does not affect the underlying marital bond, as legal separation does not dissolve the marriage. The spouses remain legally married throughout the process.

B. Revival of Conjugal Property Regime

Upon reconciliation, the conjugal property regime (if one existed) prior to the decree of legal separation is not automatically revived. This is an important distinction in property law. Under Article 66 of the Family Code:

“The reconciliation referred to in the preceding Article shall have the following consequences:

The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and

The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.”

Thus, unless the spouses agree to revive their prior property regime, the separation of property status established by the decree of legal separation continues. Any forfeiture of the share of the spouse found at fault (if such forfeiture was decreed by the court) will remain in effect unless the spouses choose otherwise by mutual agreement.

C. Restoration of Rights and Duties Between Spouses

Upon reconciliation, the mutual rights and duties of the spouses are restored, as specified under their marital obligations, and the effects of legal separation in this context cease. These include:

Co-habitation duties, if they choose to live together again.
Support obligations for each other, which may have been modified under legal separation.

The reconciliation re-establishes the personal relationship obligations stipulated by marriage, in particular the duties of fidelity, support, and mutual assistance.

3. Procedural Implications of Reconciliation

A. Notification to the Court

To fully terminate the decree of legal separation, spouses are advised to notify the court of their reconciliation. This will allow the court to formally dismiss any ongoing proceedings and record the termination of the decree. Although the Family Code does not mandate a particular procedure for notifying the court, a formal manifestation or a joint motion is recommended to avoid potential legal disputes in the future.

B. Effect on Pending Cases

If the legal separation case is still pending and reconciliation occurs before a final decree is issued, the legal separation proceedings will be terminated outright. Thus, no decree will be issued, and the status quo before the filing of the case is maintained, with the marriage continuing in full force.

4. Practical Consequences of Reconciliation on Legal Separation

Custody and Support of Children: Any agreements or orders related to the custody and support of children established under the legal separation decree will generally need re-evaluation. Reconciliation between spouses typically entails a review of custodial arrangements, particularly if the couple resumes cohabitation.
Succession Rights: Upon reconciliation, the succession rights between spouses are restored. This is significant for inheritance matters, as legal separation can affect a spouse’s right to inherit. Reconciliation restores the right of the surviving spouse to inherit, provided the marital bond is intact at the time of death.
Effects on Third Parties: If the spouses decide to restore their conjugal partnership or property regime, any transactions entered into with third parties during the period of property separation will not be affected. Transactions done during the period of legal separation remain valid and binding on both spouses.

5. Limitations and Conditions of Reconciliation in Legal Separation

Reconciliation after legal separation does not mean an automatic restoration of all rights as if no separation ever occurred:

Forfeiture Provisions: Any property forfeiture ordered by the court (such as when one spouse was found guilty of the grounds for legal separation) will not be undone by reconciliation unless both spouses explicitly agree to reverse it.
New Marriage or Marital Relations: The legal separation decree does not grant any party the right to remarry, as the marital bond is never dissolved. Reconciliation restores the original marital relationship but does not legalize any act that may have occurred outside the marriage during the separation period.

Summary

The effects of reconciliation after a decree of legal separation under Philippine law are:

Termination of Legal Separation: Reconciliation nullifies the decree of legal separation.
Continuation of Property Separation: Property separation remains unless both parties agree to restore the original regime.
Restoration of Marital Rights and Duties: Spousal rights and duties are revived, including mutual support obligations.
Formal Court Notification: To terminate the decree officially, a manifestation should be filed with the court.
Irrevocable Forfeiture: Any property forfeiture remains unless both spouses agree otherwise.

In summary, reconciliation between legally separated spouses in the Philippines has specific and nuanced effects primarily centered on the termination of the legal separation decree, continuation of property separation (unless otherwise agreed), and restoration of marital duties and rights. This reconciliation does not restore the conjugal property regime by default and requires mutual agreement to effectuate changes to property arrangements established during the separation.