Dear Atty. Joji,

I have been married for a few years, but my spouse constantly belittles me, controls our finances and isolates me from my family and friends. There is no physical violence, but the emotional strain has become overwhelming and has affected my well-being. I’ve tried to fix things, including suggesting counseling, but my spouse refuses and insists nothing is wrong. Unfortunately, I believe the situation will never improve. Can I file a case for legal separation despite the absence of physical violence?

Andy

Dear Andy,

In the recently decided case of Go vs Go, G.R. No. 24364, 18 November 2025, the Supreme Court held that “repeated physical violence or grossly abusive conduct” is a recognized ground for legal separation. With this, Courts may consider a pattern of emotional, psychological, or controlling behavior that creates a hostile and intimidating environment for the spouse.

In the said case, the Supreme Court ruled: “The Family Code and present case law do not provide for an exact definition for the term “grossly abusive conduct” under Article 55(1) of the Family Code. Considering how neither statutory nor case law provides guidance in resolving the question, it behooves the Court to look into the Minutes of the Civil Code and Family Law Committees (Code Committee) to shed some light on the matter.

Taking the Court’s discussion in Ong and Ngjera, the Code Committee’s understanding and commentaries on “grossly abusive conduct” referred to in Article 55(1) of the Family Code of the Philippines, as well as observations from other jurisdictions, the Court thus finds that acts constituting “grossly abusive conduct” pertain to acts committed by a spouse against the other spouse, the latter’s child, or their common child, which result in a hostile and intimidating environment for the other spouse, their children and common children.

In this relation, the determination of whether “grossly abusive conduct” exists as a ground for legal separation must be made by the courts on a case-to-case basis, taking into consideration the facts and evidence in each case.

To the Court’s mind, the foregoing definition of “grossly abusive conduct” is consistent with the State’s constitutional obligation to protect marriage as a basic social institution.”

If proven, please keep in mind that legal separation does not dissolve the marriage bond but allows for separation of bed and board, including property relations and custody arrangements, in accordance with Article 63 of the Family Code of the Philippines.

Hope this helps.

Atty. Joji Alonso