House Bill No 1799 - Divorce Bill Philippines

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

House Bill No.1 79 9

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 commonchild, or a child of the petitioner, to engage in prostitution, orconnivance 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 ORHER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OFTHE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;

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

(3) WHEN ANY OF THE GROUNDS FOR LEGAL SEPARATION UNDERPARAGRAPH (A) OF THIS ARTICLE HAS CAUSED THE IRREPARABLEBREAKDOWN 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

IRRECONCILABLEDIFFERENCES THAT HAVE CAUSED THE IRREPARABLE BREAKDOWN OF THEMARRIAGE."

"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 Courthas 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.

"Art. 59. No legal separation OR DIVORCE may be decreed unless the Courthas 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 assignedto it to take steps to prevent collusion between the parties and to take care that theevidence 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 assignedto it to take steps to prevent collusion between the parties and to take care that theevidence 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.

The court, in the absence of a written agreement between the spouses, shalldesignate either of them or a third person to administer the absolute community orconjugal partnership property. The administrator appointed by the court shall havethe same powers and duties as those of a guardian under the Rules of Court."

"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 andthe 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 theoffending spouse made in the will of the innocent spouse shall be revoked byoperation 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 PROPERTIES 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 AWARDEDTO THE AGGRIEVED SPOUSE IN ACCORDANCE WITH THE PROVISIONSOF THE CIVIL CODE ON DAMAGES;

(5) THE CUSTODY OF ANY MINOR CHILD SHALL BE DECIDED BY THECOURT 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]I NSURER.

The action to revoke the donation under this Article must bebrought within five (5) years from the time the decree of legalseparation OR DIVORCE has become final."

"Art. 65. If the spouses WHO HAVE BEEN LEGALLY SEPARATEDshould reconcile, a corresponding joint manifestation under oath duly signedby them shall be filed with the court in the same proceeding for legalseparation."

"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 accordancewith the laws in force in the country where they were solemnized, and validthere as such, shall also be valid in this country, except those prohibitedunder 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 ONLYAFTER A DETERMINATION BY A PHILIPPINE COURT THAT THE SAME ISBASED 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.Effectiv ity. -This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.