House Bill No. 1799 – Divorce Bill Of the Philippines

Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1799

Date Filed: July 27, 2010

Introduced by GABRIELA Women’s Party
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS


AN ACT INTRODUCING DIVORCE IN THE PHILIPPINES, AMENDING FOR THE PURPOSE TITLE II, ARTICLES 55 TO 66 INCLUSIVE AND ARTICLE 26 OF EXECUTIVE ORDER NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, AND REPEALING ARTICLE 36 OF THE SAME CODE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title II of Executive Order No. 209, amended, otherwise known as The Family Code of the Philippines, is hereby amended to read as follows:

“TITLE II
LEGAL SEPARATION AND DIVORCE”

SECTION 2. Articles 55, 56, 57, 58, 59, 60, 61, 62) 63, 64, 65 and 66 of Executive Order No. 209, as amended, otherwise known as The Family Code of the Philippines, are also hereby amended to read as follows:

“Art. 55 (A). A petition for legal separation may be filed on any of
the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more
than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality-of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;,
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term “child” shall include a child
by nature or by adoption.

(B) A PETITION FOR DIVORCE MAY BE FILED ON ANY OF THE
FOLLOWING GROUNDS:

(1) THE PETITIONER HAS BEEN SEPARATED DE FACTO FROM HIS OR HER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;

(2) THE PETITIONER HAS BEEN LEGALLY SEPARATED FROM HIS OR HER SPOUSE FOR AT LEAST TWO YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;

(3) WHEN ANY OF THE GROUNDS FOR LEGAL SEPARATION UNDER PARAGRAPH (A) OF THIS ARTICLE HAS CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE;

(4) WHEN ONE OR BOTH SPOUSES ARE PSYCHOLOGICALLY INCAPACITATED TO COMPLY WITH THE ESSENTIAL MARITAL OBLIGATIONS;

(5) WHEN THE SPOUSES SUFFER FROM IRRECONCILABLE DIFFERENCES THAT HAVE CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE.”

“Art. 56. The petition for legal separation OR DIVORCE shall be denied
on any of the following grounds:

[(1) When the aggrieved party has condoned the offense or act
complained of;

(2)Where the aggrieved party has consented to the commission of the offense or act complained of;]

[(3)] [1] Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation OR DIVORCE;

[(4) Where both parties have given ground for legal separation;]

[(5)] (2) Where there is collusion between the parties to obtain the decree of legal separation OR DIVORCE; [or

(6) Where the action is barred by prescription.]”

“Art. 57. [An action for legal separation shall be filed within five years from the time of the occurrence of the cause.] AN ACTION FOR LEGAL SEPARATION OR DIVORCE MAY BE FILED AT ANY TIME.”

“Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. THE SAME RULE SHALL APPLY TO AN ACTION FOR DIVORCE BASED ON ARTICLE 55 (B), NUMBERS 3 AND 5 OF THIS CODE. THIS RULE SHALL NOT APPLY WHERE THE ACTION FOR LEGAL SEPARATION OR DIVORCE INVOLVES ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN UNDER REPUBLIC ACT NO. 9262. IN A SUCH CASE, SECTION 19 OF THE REPUBLIC ACT NO. 9262 SHALL APPLY”.

“Art. 59. No legal separation OR DIVORCE may be decreed unless the Court has taken steps towards the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.”

“Art. 60. No decree of legal separation OR DIVORCE shall be based upon a stipulation of facts or a confession of judgment.”

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.”

“Art. 61. After the filing of the petition for legal separation OR DIVORCE, the spouses shall be entitled to live separately from each other.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.”

“Art. 62. During the pendency of the action for legal separation OR DIVORCE, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of their common children.”

“Art. 63 (A). The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated AND THE ASSETS SHALL BE EQUALLY DIVIDED BETWEEN THE SPOUSES but the offending spouse shall [have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2)] PAY TO THE INNOCENT SPOUSE ACTUAL, MORAL AND EXEMPLARY DAMAGES IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES;

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; [and]

(4) THE INNOCENT SPOUSE AND THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE;

(5) THE CHILDREN SHALL BE ENTITLED TO THEIR PRESUMPTIVE LEGITIME WHICH SHALL BE COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT; AND

[(4)] (6) 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.

(B) THE DECREE OF DIVORCE SHALL HAVE THE FOLLOWING EFFECTS:

(1) THE MARRIAGE BONDS SHALL BE SEVERED;
(2) THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP OF GAINS SHALL BE DISSOLVED AND LIQUIDATED AND THE ASSETS SHALL BE DIVIDED EQUALLY BETWEEN THE SPOUSES. IN THE PARTITION OF THE ASSETS, THE PRESUMPTIVE LEGITIME OF THE COMMON CHILDREN, COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT, SHALL BE DELIVERED TO THEM. THE PARTITION AND DISTRIBUTION OF THE  ROPERTIES OF THE SPOUSES AND THE DELIVERY OF THE CHILDREN’S PRESUMPTIVE LEGITIME SHALL BE RECORDED IN THE APPROPRIATE CIVIL REGISTRY AND REGISTRIES OF PROPERTY, OTHERWISE THE SAME SHALL NOT AFFECT THIRD PERSONS.

(3) IN ADDITION TO HIS OR HER EQUAL SHARE IN THE ASSETS OF THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP, THE SPOUSE WHO IS NOT GAINFULLY EMPLOYED SHALL BE ENTITLED TO SUPPORT FROM THE OTHER SPOUSE UNTIL HE OR SHE FINDS ADEQUATE EMPLOYMENT, PROVIDED, HOWEVER, THAT THE SUPPORT SHALL ONLY BE FOR ONE YEAR FROM THE FINALITY OF THE DECREE OF DIVORCE, AND PROVIDED FURTHER THAT THE RIGHT TO SUPPORT SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 201 OF THIS CODE.

(4) ACTUAL, MORAL AND EXEMPLARY DAMAGES SHALL BE AWARDED TO THE AGGRIEVED SPOUSE IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES;

(5) THE CUSTODY OF ANY MINOR CHILD SHALL BE DECIDED BY THE COURT IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD, SUBJECT TO THE PROVISIONS OF ARTICLE 213 OF THIS CODE;

(6) THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE;

(7) CHILDREN CONCEIVED OR BORN BEFORE THE DECREE OF DIVORCE HAS BECOME FINAL AND EXECUTORY SHALL BE CONSIDERED LEGITIMATE; AND

(8) THE PARTIES SHALL BE DISQUALIFIED FROM INHERITING FROM EACH OTHER BY INTESTATE SUCCESSION. MOREOVER, PROVISIONS IN FAVOR OF ONE SPOUSE MADE IN THE WILL OF THE OTHER SPOUSE SHALL BE REVOKED BY OPERATION OF LAW.

“Art. 64. After the finality of the decree of legal separation OR DIVORCE, the innocent spouse IN THE CASE OF LEGAL SEPARATION OR IN THE CASE OF DIVORCE UNDER ARTICLE 55 (B) NUMBERS 3 AND 5 may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries or property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the [insured] INSURER. The action to revoke the donation under this Article must be brought within five (5) years from the time the decree of legal separation OR DIVORCE has become final.”

“Art. 65. If the spouses WHO HAVE BEEN LEGALLY SEPARATED should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.”

“Art. 66. The reconciliation referred to in the preceding Article shall
have the following consequences:

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

(2) 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.

The court’s order containing the foregoing shall be recorded in the
proper civil registries.”

SEC. 3. Article 26 of the Family Code is hereby amended to read as follows:

“Art. 26. All marriages solemnized outside the Philippines, in accordance
with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), [36], 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. A DECREE OF DIVORCE VALIDLY OBTAINED BY A FILIPINO CITIZEN ABROAD SHALL BE VALID IN THIS COUNTRY ONLY AFTER A DETERMINATION BY A PHILIPPINE COURT THAT THE SAME IS BASED ON A GROUND FALLING UNDER ARTICLE 55 IB) OF THIS CODE.”

SEC. 4. Article 36 of the Family Code is hereby repealed.

SEC. 5. Repealing Clause. – The provisions of any law, executive order,
presidential decree or any other issuance inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 6. Separability Clause.-If any part or provision of this Act is declared invalid, all other provisions not affected thereby shall remain valid.

SEC. 7. Effectivity. -This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

Download: House Bill 1799

One Response to “House Bill No. 1799 – Divorce Bill Of the Philippines”

  1. HIG Says:

    I am a Catholic Christian by Faith and I believed that A family should stay together for better or worse. However, we can not deny the fact that there are families which are already broken and yet those parties involved must have the chance to start a new life and remarry to the one that makes them happy and better people. We must give them the chance to correct their mistake in chosing the right partner. Lets give them the chance to grow old with someone. The divorce bill contains the requisites and I think this is fair to all individual. Thus, I strongly AGREE to divorce bill…