Text of the provision
Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.
(105a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
While Article 61 deals with the property during the case, Article 62 deals with the people. It borrows the rules of Article 49 — written for annulment and nullity cases — and applies them to legal separation: the court provides for the support of the spouses and the custody and support of the common children while the action is pending.
The practical effect is that a spouse and children are not left without support during what can be a long proceeding (recall the six-month floor on trial in Article 58). The court can issue provisional orders for support and decide interim custody, applying the best-interest standard that governs custody generally.
Related provisions
- Article 61 — administration of the property during the same period.
- Article 63 — custody once the decree issues (awarded to the innocent spouse).
Cases interpreting this article
- Authorities on provisional support and custody under Article 62 will be added here as each is verified against primary sources.