Short answer. No. Article 63 of the Family Code disqualifies the offending spouse from inheriting from the innocent spouse by intestate succession once a decree of legal separation is issued. Any provisions in the innocent spouse's will favoring the offending spouse are also revoked by operation of law.
What the law says
The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
Family Code, Article 63 — Effects of the Decree of Legal Separation. Read the full provision →
Disqualification is automatic once the decree is issued
Article 63 lists the disqualification as one of the direct effects of a decree of legal separation: the offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. This takes effect by operation of the decree itself; the innocent spouse does not need to take any further action, such as filing a separate case, to strip the offending spouse of intestate inheritance rights. Once the court grants the legal separation and identifies which spouse was at fault, that spouse loses standing as a legal heir of the innocent spouse under the rules of intestate succession.
The will is affected too, not just intestate succession
The same provision goes further than intestate succession: provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. So even if the innocent spouse had previously written a will leaving property to the offending spouse, those specific provisions are automatically revoked once the decree of legal separation is granted, without the innocent spouse needing to execute a new will or codicil to remove the offending spouse. The rest of the will, covering other beneficiaries or dispositions, is not affected by this particular revocation.
Why the marriage bond surviving does not save the inheritance rights
A common point of confusion is that legal separation does not dissolve the marriage; the spouses remain legally married and cannot remarry, since the decree only allows them to live separately. Despite the marriage bond continuing, Article 63 specifically singles out inheritance rights for removal as to the offending spouse, distinguishing this consequence from the marital status itself. So the fact that you and the offending spouse are technically still married does not preserve their intestate or testamentary inheritance rights once the decree has fixed fault and granted the separation.
What this means for estate planning after a decree
If you are the innocent spouse and already have a will naming the offending spouse as a beneficiary, it is worth reviewing that document, since the law revokes only the provisions favoring the offending spouse and leaves the rest of the will intact, which can produce results you may not have intended if the will was never updated. Anyone relying on the automatic disqualification should also keep a copy of the final decree of legal separation, since that decree is what establishes both the fault finding and the resulting loss of inheritance rights.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Brigido B. Quia vs. Rita C. Quiao, et al, G.R. No. 176556, July 4, 2012 — read the decision on LawPhil →
- V. Maquilan vs. D. Maquilan, G.R. No. 155409, June 8, 2007 — read the decision on LawPhil →
- Elenita V. Macalinao, Kenneth V. Macalinao and Kristel V. Macalinao vs. Cerina, A.K.A. Cerena N. Macalinao and Cindy N. Ma, G.R. No. 250613, April 3, 2024 — read the decision on LawPhil →