COR JESU COLLEGE, INC.

COR JESU COLLEGE OF LAW

PERSONS AND FAMILY RELATIONS
DIGOS CITY
House Bill No. 01
AN ACT
INTRODUCING DIVORCE IN THE PHILIPPINES
EXPLANATORY NOTE
Marriage is the most important institution of human society. It is a universal
phenomenon. It has been the backbone of human civilisation. Human beings
have certain urges like hungers, thirst and sex. Society works out certain rules
and regulation for satisfaction of these urges.
The rules and regulations, which deal with regulation of sex life of human
beings, are dealt in the marriage institution. We can say that the Marriage is as
old as the institution of family. Both these institutions are vital for the society.
Family depends upon the Marriage. Marriage regulates sex life of human beings.
Marriage creates new social relationships and reciprocal rights between the
spouses. It establishes the rights and the status of the children when they are
born. Each society recognises certain procedures for creating such relationship
and rights. The society prescribes rules for prohibitions, preferences and
prescriptions in deciding marriage. It is this institution through which a man
sustains the continuity of his race and attains satisfaction in a socially recognised
manner.
The way we view marriage today differs greatly from the past. Our views
and opinions on marriage and its meaning have changed considerably. Marriage
is
not
necessarily
less
valued,
but
just
viewed
differently.

Traditionally, marriage has been looked upon as a primary purpose of

founding and maintaining a home and family. Fifty years ago, the majority of
women were dependent on their husbands to work and support them. Their role
in life was to take care of the children, their husbands and maintain the home.
Procreation was part of the traditional marriage. This is quite evident in Be
Fruitful and Multiply. The wife was fully aware that when she got married, her
role in life was to bear children, take care of her house and please her husband.
Her life was based on procreation and there was a purpose to her marriage.
Reality tells us that there are many failed, unhappy marriages across all
Filipino classes. Many couples especially from the marginalized sectors, who
have no access to the courts, simply end up separating without the benefit of
legal processes. The sheer number of petitions that have been filed since 1988
for the declaration of the nullity of the marriage under Article 36 of the Family
Code (commonly known as annulment) shows that there are just too many
couples who are desperate to get out of failed marriages.
The bill seeks to introduce divorce in Philippine law with a strong sense of
confidence that it will be used responsibly by Filipino couples. This confidence
stems from the experiences of Filipino families that show that separation is
usually the last resort of many Filipino couples whose marriage has failed. Cases
of battered women also support this. Battered women invariably seek separation
only after many years of trying to make the marriage work; separation only
becomes imperative for them when they realize that it is necessary for their and
their childrens survival. Divorce could actually provide protection to battered
women and their children from further violence and abuse. With the
predominance of the Catholic Faith in the Philippines, the fear that divorce will
erode personal values on marriage appears unfounded. The experience of Italy,
where the Vatican is located, and Spain, two predominantly Catholic countries
which practice divorce, supports this. Those countries have a low rate of divorce.
Italy registers a 7% rate while Spain registers 15%. The figures reflect the strong
influence of religious beliefs and culture on individuals in deciding to terminate
marital relations.

PREPARED BY:

CHRISTINE IYLE Q. BALGOS

LLB 1

COR JESU COLLEGE, INC.

COLLEGE OF LAW
PERSONS AND FAMILY RELATIONS
DIGOS CITY
House Bill No. 01
AN ACT
INTRODUCING DIVORCE IN THE PHILIPPINES
Be it enacted by the Senate of Republic of the Philippines:
Section 1: Short Title This Bill shall be known as Divorce Bill of 2016
Section 2: Declaration of Policy - The state recognizes and guarantees the
human rights of all persons including their right to life and liberty. Thus, the bill
seeks to introduce divorce as another option for couples in failed and irreparable
marriages. The Senate hereby declares to introduce divorce in Philippine law
with a strong sense of confidence that it will be used responsibly by Filipino
couples. This confidence stems from the experiences of Filipino families that
show that separation is usually the last resort of many Filipino couples whose

marriage has failed. Cases of battered women also support this. Battered women
invariably seek separation only after many years of trying to make the marriage
work. Separation only becomes imperative for them when they realize that it is
necessary for their and their children's survival.
Section 3: Definition of Terms
a.) Articulo Mortis refers to marriage at the point of death
b.) Divorce the legal dissolution of a marriage by a court or other competent
body.
c.) Marriage refers to legally or formally recognized union of a man and a
woman (or, in some jurisdictions, two people of the same sex) as partners
in a relationship
d.) Co-ownership of property means the concurrent ownership, possession
and enjoyment of property by a person with his or her spouse.
e.) Family means a husband and wife, including their children.
f.) Conjugal Partnership of Gains means it is one of the property relations
between the spouses, under which the husband and wife place in a
common fund the proceeds, products, fruits and income from their separate
properties and those acquired by either or both spouses through their
efforts or by chance, and, upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by either or both spouses
shall be divided equally between them, unless otherwise agreed in the
marriage settlements.
g.) Absolute Community Property consists of all the property owned by the
spouses at the time of the celebration of the marriage or acquired
thereafter. Property acquired during the marriage is presumed to belong to
the community, unless it is proved that it is one of those excluded
therefrom.
h.)

Separation
of
Property
refers
to
a
marital property
regime wherein property acquired or owned by a married person and
which, notwithstanding the marriage or, where recognized, a marriage-like

relationship, remains the separate property of the spouse who acquired or

to whom was gifted the item of property.

Section 4: Basis for Filing of Divorce

(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner.
Physical violence here is measured not by the severity but by the
frequency. However if it is not repeated or is not physical violence it may be
considered as grossly abusive conduct. Grossly abusive conduct need not
be repeated but more of a serious act: rely on proportionality and abusive
conduct to what was committed. Continued indifference or aversion to
spouse and persistent neglect of duties incident to marital relation, etc. Use
of offensive and abusive language with intent and fixed purpose of causing
unhappiness, Other acts of corruption, which do not fall under prostitution.

(2) Physical violence or moral pressure to compel the petitioner to change

religious or political affiliation.
There should be unity in the family and thus the couple should learn to live
with each others political ideas
(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.
The children here may or may not be emancipated. The corrupt act
here refers to prostitution only, a mere attempt is enough the respondent
need not be successful at the corruption or inducement. There is no cause
of action when the child involved is that of the respondent from another

marriage.
(4) Final judgment sentencing the respondent to imprisonment of more than
six years, even if pardoned.
The crime need not be against the other spouse. It can be against
anyone. The fact that the crime had been pardoned doesnt matter as long
as there is a final judgment.

(5) Drug addiction or habitual alcoholism of the respondent.

The Family Code (FC) of the Philippines states that, husbands and
wives are obliged to live together, observe mutual love, respect and fidelity,
and render mutual help and support (Article 68). Nevertheless, our laws
recognize several grounds which may sever the marital ties or permit the
spouses to live separately from each other. It will be essential for you to
specifically allege in your petition not only the fact that your husband is a
habitual alcoholic and drug addict, but also the fact when his addiction and
dependence to these substances started.
(6) Lesbianism or homosexuality of the respondent.
Concealment of ones sexuality after the celebration of marriage is a
ground for petition for divorce.
(7) Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad.
In cultures that practice marital monogamy, bigamy is the act of
entering into a marriage with one person while still legally married to
another. Bigamy is a crime in most western countries, and when it occurs
in this context often neither the first nor second spouse is aware of the
other. In countries that have bigamy laws, consent from a prior spouse
makes no difference to the legality of the second marriage, which is
usually considered void. Bigamy is the criminal offense of willfully and
knowingly contracting a second marriage (or going through the form of a

second marriage) while the first marriage, to the knowledge of the offender
is still subsisting and undissolved.
(8) Sexual infidelity or perversion.
Infidelity (also referred to as cheating, adultery, or having an affair) is
a violation of a couples assumed or stated contract regarding emotional
and/or sexual exclusivity. Other scholars define infidelity as a violation
according to the subjective feeling that one's partner has violated a set of
rules or relationship norms; this violation results in feelings of sexual
jealousy and rivalry. What constitutes an act of infidelity is dependent upon
the exclusivity expectations within the relationship. In marital relationships,
exclusivity expectations are commonly assumed although they are not
always met. When they are not met, research has found that psychological
damage can occur, including feelings of rage and betrayal, lowering of
sexual and personal confidence, and damage to self-image. Depending on
the context, men and women can experience social consequences if their
act of infidelity becomes public. The form and extent of these
consequences are often dependent on the gender of the unfaithful person
(9) Attempt by the respondent against life of the petitioner.
Merely causing serious bodily harm or disfigurement to someone is
not sufficient to prove attempted murder unless there is evidence of the
actual intent to kill the person. For example, stabbing a person in the arm,
by itself, does not show an intent to kill, but stabbing or shooting that
person in the chest is more likely to satisfy the requisite intent. Any act that
is directly done in furtherance of an intent to kill is a direct step. Merely
preparing to kill someone or planning to do so is not sufficient to satisfy the
elements of attempted murder. The required direct act may consist of using
a weapon against another, such as a gun or knife, and either inflicting
serious wounds or firing a weapon into someones chest or head, areas
most likely to result in death. It also includes soliciting and paying someone
to kill another person.

(10) Abandonment of petitioner by respondent without justifiable cause for

more than one year.

The act by which a person abandons and forsakes, without justification, a

condition of public, social, or family life, renouncing its responsibilities and
evading its
duties.The surrender, relinquishment, disclaimer, or cession of property or o
f rights. Voluntary relinquishment of all right, title,
claim, and possession, with the intention of not reclaiming it.

For purpose of this Article, the term "child" shall include by nature of by
adoption.
(A) Grounds for Filing of Divorce
1.) When one or both spouses are psychologically incapacitated to comply
with the essential marital obligations.
2.) When the petitioner is legally separated from his or her spouse for at least
two years at the time of the filing of the petition and reconciliation is not
likely to happen.
3.) When one or both spouses suffer from incompatibilities that have caused
the unfixable collapse of the marriage.
4.) When any of the grounds for legal separation under paragraph (a) of this
article has caused the unfixable breakdown of the marriage.
5.) 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 impossible.
6.) When one or both of the spouses are still dependent to their parents and
have no job to support their own family.

7.) When one of the spouses is suffering oral defamation and slander from
his/her other half.
Section 5: Applicability of this Provision This bill shall take effect to the spouses
who have the following qualifications:
1.) A man a woman who are of legal capacity to contract into marriage. The
minimum age of a contracting party to contract into a marriage is 18 years
old.
2.) Mutual consent by both parties. Even though there is a perfectly valid
agreement to marry in the future, the law will now specifically enforce the
agreement by decreasing that the unwilling party marry the other; hence, in
every case, it is within the power of either party to refuse to give his
consent to the actual marriage.
3.) Authority of the Solemnizing Officer. The persons who have the authority to
to solemnize marriages are the following:
a.) Any incumbent member of the judiciary within the court's jurisdiction.
b.) Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil
registrar general, acting within the limits of the written authority granted by
his church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer's church or religious
sector.
c.) Any ship captain or airplane chief only in the case mentioned in Article 31
d.) Any military commander of a unit to which a chaplain is assigned, in the
absence of the latter, during a military operation, likewise only in the cases
mentioned in Article 32;

e.) Any consul-general, consul or vice-consul in the case provided in Article

10.
4.) A valid marriage license except in the cases provided for in Chapter 2 of
this Title. A formal requirements enumerated by this article are essential to
the validity of the marriage. Their total absence renders the marriage void
from the beginning. Without it, no valid marriage can exist.

Marriages Exempted from License Requirements are:

Art. 27. In case either or both of the contracting parties are at the point of death,
the marriage may be solemnized without necessity of a marriage license and
shall remain valid even if the ailing party subsequently survives.

Art. 28. If the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the local civil
registrar, the marriage may be solemnized without necessity of a marriage
license.

Art. 29. In the cases provided for in the two preceding articles, the solemnizing
officer shall state in an affidavit executed before the local civil registrar or any
other person legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either party, specifying the
barrio or barangay, is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and relationship of the
contracting parties and the absence of legal impediment to the marriage.

Art. 30. The original of the affidavit required in the last preceding article, together
with the legible copy of the marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of the municipality where it
was performed within the period of thirty days after the performance of the
marriage.

Art. 31. A marriage in articulo mortis between passengers or crew members may
also be solemnized by a ship captain or by an airplane pilot not only while the
ship is at sea or the plane is in flight, but also during stopovers at ports of call .

Art. 32. A military commander of a unit, who is a commissioned officer, shall

likewise have authority to solemnize marriages in articulo mortis between
persons within the zone of military operation, whether members of the armed
forces or civilians.

Art. 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license,
provided they are solemnized in accordance with their customs, rites or
practices.

Art. 34. No license shall be necessary for the marriage of a man and a woman
who have lived together as husband and wife for at least five years and without
any legal impediment to marry each other. The contracting parties shall state the
foregoing facts in an affidavit before any person authorized by law to administer
oaths. The solemnizing officer shall also state under oath that he ascertained the
qualifications of the contracting parties are found no legal impediment to the
marriage.
5.) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they
take each other as husband and wife in the presence of not less than two
witnesses of legal age.
Without a valid marriage ceremony, no valid marriage can exist. The law
does not prescribe or require any particular ceremony, whether in civil or a
religious marriage, but the parties are required to appear before the
solemnizing officer and declare, in the presence of at least two witnesses of
legal age, that they take each other as husband and wife.
6.) Between a marriage of a man and a woman regardless of whether the spouses
practices the same religion or not.

Section 6: Marriages not subject for Divorce This bill does not recognize these
following marriages and thus, cannot file for a divorce because they are subject
for annulment:
a.) A celebration of marriage between contracting parties who are still below
18 years of age.
b.) Marriage in jest. A pretended marriage though legal in form but entered
into in jest, with no intention of entering into the actual marriage status, with
a clear understanding that the partied are not to be bound, and the
ceremony is not followed by any conduct indicating a purpose to enter into
such relation, is held subject to annulment.
c.) Fraud or misrepresentation. Fraud or misrepresentation occurs when one
of the spouses has lied about something. Misrepresentation of things like
the ability to produce children, not being married to anyone else, marrying
just to gain citizenship, and being old enough to consent to marriage, are
all grounds for an annulment based on fraud or misrepresentation.
d.) Concealment. If one of the spouses hid a major fact, the other may have
grounds for an annulment. This could include a substance abuse problem,
a felony conviction, children, impotency, or sexually transmitted diseases.
e.) Misunderstanding. Usually, a misunderstanding that constitutes an
annulment is based on the desire to have children. This misunderstanding
must be substantial to the marriage to constitute grounds for an annulment.
f.) Impotency or Incest. If one of the spouses is incurably impotent, the other
spouse has grounds for an annulment, as long as that spouse was not
aware of the impotency prior to the marriage. Two people who are too close
in familial relation to marry also have grounds for an annulment. This could
include whole or half siblings, first cousins, parents, grandchildren, aunts,
uncles, etc.

g.) Lack of consent. Both parties must have the mental capacity to consent
and must consent voluntarily to the marriage. If a party was forced or
threatened into the marriage, the marriage can be annulled. One lacks
mental capacity to consent to the marriage if they were insane or
intoxicated at the time of the marriage.
Section 7: Petition for Divorce not admitted - The petition for divorce shall be
denied on any of the following grounds:

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

(2)

If the other spouse upon the filing of the petition, acted any impulse of
uncontrollable fear made to the petitioner to file the said petition;

(3)

Where the aggrieved party has consented to the commission of the

offense or act complained of;

(4)

Where there is connivance between the parties in the commission of

the offense or act constituting the ground for divorce;

(5)

Where there is collusion between the parties to obtain the decree of

divorce; or

(6)

Where the action is barred by prescription.

If any of the above mentioned grounds, upon the filing of the petition
for divorce shall be denied. Thereafter, the spouses if in any case filed a
new petition for divorce shall be under observation for a month from the
date of its new petition.
Section 7: Requirements needed to file for a Divorce This bill requires the
spouses to present the following pertinent documents:

a.) With the original copy of the marriage certificate,

b.) A written statement as to the ground of its petition;
c.) And if there is a common child, an original copy of its birth certificate shall
also be attached.
Section 8: Proper Place to File for Divorce - The petition for divorce shall be filed
in the local civil registry where the marriage is registered.

Section 9: After Filing the petition - A copy of the petition shall be send to the
other spouse, ten (10) days from the date it was filed. For the purposed of
information, in case the other spouse have no knowledge of the said petition
made by petitioner.

Section 10: Prescriptive Period - An action for divorce shall be filed within three
years from the time of the occurrence of the cause. In case of danger against the
spouse, a common child, or a child of the spouse, the petition for divorce shall be
filed within 3 months from the time of the occurrence of the cause.

An action for divorce shall in no case be tired before eight months shall
have elapsed since the filing of the petition. The reconciliation between parties
shall be considered for the benefit of a common child and to preserve the sanctity
of the marriage.

Section 11: No divorce may be decreed unless the Court has taken step towards
the reconciliation of the spouses and is fully satisfied, despite such effort, that
reconciliation is highly improbable.

Section 12: No decree of 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.

Section 13: Pendency of Action - During the pendency of the action and in the
absence of adequate provisions in a written agreement between the spouses, the
Court shall provide for the support of the spouses and the custody and support of
their common children.
The Court shall give paramount consideration to the moral and material
welfare of said children and their choice of the parent with who they wish to
remain and also provide for appropriate visitation rights of the other parent.

Section 14: Absence of any Written Agreement - The Court, in the absence of a
written agreement between the spouses shall designate either of them or a third
person to administer the absolute community property or conjugal partnership
property. The administrator appointed by the court shall have the same power
and duties as those of the guardian under the Rules of Court.

Section 15: Effects after granting of Divorce - The decree of divorce shall have
the following effects:

(1)The spouses shall be entitled to live separately from each other;

(2)

The spouses shall be entitled to remarry after a year upon the finality
of the decree of divorce;

(3)

The absolute community or the conjugal partnership shall be

dissolved and liquidated coequally including the net profits earned by the
absolute community or the conjugal partnership, unless the other party
acted in bad faith he shall have no right to any of the net profile;

(4)

The custody of the children shall be determined by the court, except

in case of bad faith of the other spouse the custody of the child whether in
legal age or minor shall be awarded to the innocent spouse; and

(5)

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 innocent spouse shall be revoked
by operation of the law.

Section 16: Finality of Divorce - After the finality of the decree of divorce, the
innocent spouse may revoked the donation made by him or by her in favour of
the offending spouse, as well as the designation of the latter as beneficiary in any
insurance policy, even in such designation be stipulated as irrevocable.

The revocation of the donation shall be recorded in the registries of

property in the places where the properties are located. Alienation, liens and
encumbrances registered in good faith before the recording of the complaint for
revocation in the registries of the 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. The action to revoke the donation
under this Section must be brought within three (3) years from the time the
decree of divorce has been final.

Section 17: Reconciliation of Spouses - If within the filing or process of divorce

the spouses reconcile, they shall file a corresponding joint manifestation under
oath duly signed by them shall be filed with the court in the same proceeding as
divorce. The reconciliation referred to in the preceding section shall have the
following consequences:

(1)The divorce proceedings, if still pending, shall thereby be terminated at

whatever stage; and

(2)

The final decree of divorce and the separation of property and

forfeiture of the spouses shall be set aside, but if the other spouse acted
in bad faith the share of the guilty spouse shall be subsist, unless the
other spouse agrees to revive their former property regime.

The courts order containing the foregoing shall be recorded in the

proper civil registries. The spouses upon reconciliation shall be in a written
form with the presents of two witnesses in legal age. As a proof of the
reconciliation of the spouses, stating that it was in accordance to their will
and there is no any impulse of uncontrollable fear made by the other party to
the other.

The decree of divorce shall be terminated, three (3) days upon the
filing of the written form of the reconciliation of the spouses.

Section 18: Revival of Former Property Regime - The agreement to revive the
former property regime to in the preceding Section shall be executed under oath
and shall specify:

(1)

The properties to be contributed a new to the restored regime;

(2)

Those to be retained as separate properties of each spouse; and

(3)

The names of all their known creditors, their addresses and the
amount owing to each.

The agreement and the motion for its approval shall be filed with the
court in the same proceeding for divorce, with copies of both furnished to the
creditors and such order shall be recorded in the proper registries of properties.

The recording of the order in the registries of property shall not

prejudice any creditor not listed or not notified, unless the debtor-spouse has
sufficient separate properties to satisfy the creditors claim.

ARTICLE 2: SUPPORT AND CUSTODY OF THE CHILD

Section 1: The custody of the children shall be determined by the court, except in
case of bad faith of the other spouse the custody of the child whether in legal age
or minor shall be awarded to the innocent spouse, as mentioned in one of the
provisions of Article 1 of this bill.

Section 2: Determination of Custodial Rights While the divorce is still pending,

custody of the child shall be determined by the following:

a.) By court order which shall be based on the sound discretion of the judge,
taking into account the welfare of the children as the ruling consideration.

b.) By agreement of the spouses, which shall not be disturbed unless

prejudicial to the children, if under nine years of age. In case the children is

above the age required, the child can choose to whoever the child prefer to
stay during the proceedings.

c.) The custody of the children shall be determined three (3) days upon the
filing of the action for divorce. If it has been determined, the children shall
be called in to be inform together with the spouses and the said determined
way of custody shall be enforce seven (7) days from the date the children
has been informed.

Section 3: Custody Upon Finality of Divorce - Upon the finality of the decree of
divorce, the custody of the children shall be determined one (1) week from the
date of the finality of the decree, in accordance with the above mentioned
sections. In the process the children shall be present together with the parties; it
shall be enforce three (3) weeks from the determination of the custody.

Section 4: The innocent spouse and the children shall be entitled to support in
accordance with the provisions of this code.

Section 5: The amount of support, in the cases referred to in Articles 195 and 196
of the Family Code, shall be in proportion to the resources or means of the giver
and to the necessities of the recipient.

Section 6: The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favour of the
offending spouse made in the will of the innocent spouse shall be revoked by
operation of law.

Section 7: Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the
financial capacity of the family.

The education of the person entitled to be supported referred to in the

preceding paragraph shall include his schooling or training for some profession,
trade or vocation, even beyond the age of majority. Transportation shall include
expenses in going to and from school, or to and from place of work.

Section 8: Support in the cases referred to in the preceding article shall be

reduced or increased proportionately, according to the reduction or increase of
the necessities of the recipient and the resources or means of the person obliged
to furnish the same.

Section 9: Right to Visit The visitation right of the children shall be determined
by the following:

a.) By the parties/parents, if the children are all below the age of nine years
old, a written agreement of the parties with the presents of at least two
witnesses in legal age. The agreement made by the parties, shall not be
disturbed unless prejudicial to the children.

b.)By the court, this shall be based on the sound discretion of the judge.
Taking into account the welfare of the children as the ruling consideration in
accordance to Section 1 and 2 of this Article.

c.) In cases that all children are in legal age, they have the right to set the
date, time and days. As long as, it does not prejudice the right of either of
the parties involved in the said agreement.

The visitation schedule shall be determined with in five (5) days upon the
finality of the custody of the children. If it has been determined, the children
shall be called in to be inform together with their parents or the parties and the

said agreement shall take effect seven (7) days from the date the children has
been informed.

ARTICLE 3: PROPERTY REGIME

Section 1: The regime of property of the spouses shall be identified for purposes
of proper liquidation of its properties including the net profits earned.

Section 2: Absolute Community of Property - The absolute community of property

between spouses shall commence at the precise moment that the marriage is
celebrated. Any stipulation, express or implied, for the commencement of the
community regime at any other time shall be void.
The provisions on co-ownership shall apply to the absolute community of
property between the spouses in all matters not provided for in this Chapter

Section 3: Judicial Separation of Property - No waiver of rights, shares and

effects of the absolute community of property during the marriage can be made
except in case of judicial separation of property.

When the waiver takes place upon a judicial separation of property, or after
the marriage has been dissolved or annulled, the same shall appear in a public
instrument and shall be recorded as provided in Article 77 of the Family Code.
The creditors of the spouse who made such waiver may petition the court to
rescind the waiver to the extent of the amount sufficient to cover the amount of
their credits.

LIQUIDATION OF ABSOLUTE COMMUNITY OF PROPERTY

(A) Upon dissolution of the absolute community regime, the following

procedure shall apply:

(1) An inventory shall be prepared, listing separately all the properties of the
absolute community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of
its assets. In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties in
accordance with the provisions of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them.
(4) The net remainder of the properties of the absolute community shall
constitute its net assets, which shall be divided equally between husband
and wife, unless a different proportion or division was agreed upon in the
marriage settlements, or unless there has been a voluntary waiver of such
share provided in this Code. For purpose of computing the net profits
subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2),
the said profits shall be the increase in value between the market value of
the community property at the time of the celebration of the marriage and
the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon
partition, in accordance with Article 51 of the Family Code.
(6) Unless otherwise agreed upon by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of the common children
choose to remain. Children below the age of seven years are deemed to
have chosen the mother, unless the court has decided otherwise. In case

there in no such majority, the court shall decide, taking into consideration
the best interests of said children.

Section 4: Conjugal Partnership Property- Under the regime of conjugal

partnership of gains, the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties and those
acquired by either or both spouses through their efforts or by chance, and, upon
dissolution of the marriage or of the partnership, the net gains or benefits
obtained by either or both spouses shall be divided equally between them, unless
otherwise agreed in the marriage settlements.

All property acquired during the marriage, whether the acquisition appears
to have been made, contracted or registered in the name of one or both spouses,
is presumed to be conjugal unless the contrary is proved.

Section 5: The rules provided in Absolute Community of Property shall also apply
to conjugal partnership of gains.

Section 6: Regime of Separation of Property: Separation of property may refer to

present or future property or both. It may be total or partial. In the latter case, the
property not agreed upon as separate shall pertain to the absolute community .
Each spouse shall own, dispose of, possess, administer and enjoy his or
her own separate estate, without need of the consent of the other. To each
spouse shall belong all earnings from his or her profession, business or industry
and all fruits, natural, industrial or civil, due or received during the marriage from
his or her separate property.
Section 7: Both spouses shall bear the family expenses in proportion to their
income, or, in case of insufficiency or default thereof, to the current market value
of their separate properties.

The liabilities of the spouses to creditors for family expenses shall, however, be
solidary.

Section 8: Separability Clause - If any provision of this Act shall be declared

unconstitutional, any other provision not affected thereby shall remain in full force
and effect.

Section 9: Repealing Clause - All laws, decrees, orders, rules and regulations, or
parts thereof inconsistent with this bill are hereby repealed or amended
accordingly.