Short answer. Generally no. The paternity leave benefit is written for a married male employee entitled to seven days for the first four deliveries of the legitimate spouse with whom he is cohabiting. Cohabitation with your wife is part of the requirement, so living apart usually takes you outside it.
What the law says
every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
Cohabitation is built into the benefit
Paternity leave is not granted to every married man automatically; the law ties it to living with his wife. It provides that every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The phrase with whom he is cohabiting is not decoration — it is a condition. The benefit is designed for the father who is present in the household, able to support his wife and care for the family around the time of delivery, which is what the leave is meant to enable.
Why living apart matters
The purpose of paternity leave explains the cohabitation requirement. The seven days exist so a father can be at home to lend support during and after his wife's delivery. If the spouses are not living together, the situation the leave is meant to serve is not present in the same way. That is why not living with your wife generally takes you outside the benefit as written. The requirement looks to the actual living arrangement, not merely to the fact of a valid marriage, because it is the shared household around the birth that the leave is meant to protect.
The other limits on the benefit
Cohabitation is not the only condition. The leave is for a married male employee, and it covers only the first four deliveries of the legitimate spouse — deliveries beyond the fourth are not included. For this purpose, delivery includes childbirth or a miscarriage. The employee is also expected to notify his employer of the pregnancy and the expected date of delivery. So the benefit is bounded on several sides: marriage, cohabitation, the first four deliveries, and proper notice. Understanding all of these together prevents surprises when you apply, since falling outside any one of them can affect entitlement.
If your living situation is complicated
Living arrangements are not always simple, and whether you meet the cohabitation requirement can depend on the particular facts — a temporary separation for work is different from a genuine parting of ways. Because the benefit turns on that condition, it is worth being candid about your situation rather than assuming either that you automatically qualify or that you are automatically excluded. Check with your employer's human resources on how they apply the requirement, and if the circumstances are genuinely unclear or contested, a lawyer can help you assess whether your arrangement fits what the law requires before you rely on the leave.