Divorce in the Philippines

A Legal Study

Submitted to Atty. Alwin Racelis

Faculty of the College of Law

Manuel S. Enverga University Foundation

University Site, Lucena City

In Partial Fulfillment of the Requirements

For the Subject of Legal Research

By

Sherwin C. Lagrama

October 22, 2013

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 TITLE

DIVORCE IN THE PHILIPPINES

THESIS STATEMENT

Divorce in the Philippines is planning to take over Filipino values and culture. Today our 1987

Philippines Constitution protects the Filipino families on the belief that Family is the foundation of the

nation wherein marriage used as instrument to bind the families to be more indissoluble. On the other

hand, our constitution adopts marital separation that may pertain to legal separation and annulment

rather than divorce, the reason is that marriage presumes sacred and holiness that warrants them to

preserve the union of the family.

This research will introduce the substance of divorce and the implication to Filipino families in light of

our constitutions. In support thereof, the researcher will illustrate some provisions of The Family Code

of The Philippines that would establish the study more pertinent and sensible to the reader.

Objective of the Study

The main objective of the study is to ascertain the true intent and effect of divorce in the

Philippines.

It specifically aims the following below:

1. To determine the effects of divorce to the Filipino families.

2. To elaborate the natural and logical consequences of divorce to Filipino families.

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 THESIS OUTLINE

Divorce (or the dissolution of marriage)1 is the termination of a marital union, the canceling of the legal

duties and responsibilities of marriage and the dissolving of the bonds of matrimony between married

couples. Divorce is unlike annulment which declares the marriage `null and void. Divorce laws vary

considerably around the world, but in most countries it requires the sanction of a court or other authority

in a legal process.

Today divorce is not a novel legal right granted by Philippine civil laws: the Family Code of the

Philippines sanctions relative divorce (a mensa et thoro). Under the provision of Title II of said Code,

legal separation, or separation from bed and board, is a recognized remedy for victims of failed

marriages. To be sure, our civil laws have always recognized the need to allow married individuals to

sever conjugal ties under certain justifiable conditions. However, absolute divorce was recognized in our

country for those non-christians groups and widely practiced among our ancestral tribes, the Tagbanwas

of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-

an and Moslems of Visayas and Mindanao islands, to name a few. During Spanish occupation the

Spanish Civil Code introduced legal separation or the so called Siete Partidas but suspended and never

enforced2.

After the passage of time, Siete Partidas was amended by 1917 Act 2710 allowing absolute divorce on

the grounds of adultery on the part of the wife and concubinage on the part of the husband. When

Japanese occupied the Philippines, they introduced new paramount on divorce law which is E.O No. 141

that could availed provided the ten grounds of divorce. The law was lasted up to the American regime

but repealed on 1950 by the Civil Code of the Philippines which allow only legal separation. The present

family code of the Philippines prohibits absolute divorce except a divorce obtained by the alien spouse

1 http://en.wikipedia.org/wiki/Divorce
2 House Bill no. 6993
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of a Filipino citizen abroad. Under our present laws, legal separation does not dissolve the marriage

bond between legally separated spouses; said parties are considered married individuals for all legal

intents and purposes. Our civil laws on marriage justify and allow the separation of married individuals

but does not confer them the legal right or remedy to extricate themselves from the ordeal of a broken

marriage. This is because we preserve the sanctity of marriage and maintain the family union.

Chapter I

EXISTING LITERATURES

Legal Separation in the Philippines

Legal separation is a decree from the court permitting the husband and the wife to live separately

from each other. However, though both spouses were separated from board and bed but still the

marriage is not dissolved. In the other words, they are not allowed to remarry notwithstanding the fact

that death is the reason of separation3.

Moreover, the grounds and effects of legal separation can be viewed from Title II: The Family

Code of the Philippines specifically Article 55-56 and Article 63.

Annulment in the Philippines

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is

usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning

almost as if it had never taken place (though some jurisdictions provide that the marriage is only void

from the date of the annulment). In legal terminology, an annulment makes a voidable marriage null. If

a marriage is void ab initio, then it is automatically null, although a declaration of nullity is required to

establish this. The process of obtaining a declaration of nullity is similar to an annulment process.

3
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
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Despite its retroactive nature, children born before an annulment are considered legitimate in the

Philippines4.

There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines

by virtue of Family Code of the Philippines specifically the provisions Article 45.

Divorce

The researcher used the pending House Bill No.6993 which states as follows:

AN ACT LEGALIZING DIVORCE, AMENDING FOR THE PURPOSE TITLE II AND ARTICLES

55 TO 67 THEREUNDER OF EXECUTIVE ORDER NO. 209, AS AMENDED BY EXECUTIVE

ORDER NO. 227, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES5

This is because the proposed bill is not yet enacted and no other legal documents that might use as

instrument as existing law on divorce. The researcher did not apply those existing provisions which

would produce superfluity or surplusage in the proposed bill. The following below are the proposed

amendments:

All legal separation words will be replaced by divorce words by means of phrases ology, to avoid

ambiguity.

"TITLE II: [LEGAL SEPARATION] DIVORCE."6

SECTION1. Title II of Executive Order No. 209, as amended by Executive Order No. 227, otherwise

known as the Family Code of the Philippines, is hereby amended to read as follows

4 http://en.wikipedia.org/wiki/Annulment
5
House Bill no. 6993
6
House Bill no. 6993, Title II: Family Code of the Philippines
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"Art. 55. A petition for [legal separation] DIVORCE may be filed on any of the following grounds:

Items 1-10 still retained the same but with additional provision below:

IN ADDITION, A PETITION FOR DIVORCE MAY BE FILED UPON A SHOWING THAT

THERE IS AN IRREMEDIABLE BREAKDOWN OF THE MARRIAGE RELATIONSHIP DUE TO

IRRECONCILABLE MARITAL DIFFERENCES. SAID PETITION MUST SPECIFICALLY

ALLEGE THE GROUNDS WHICH DESTROY THE LEGITIMATE ENDS OF THE MARRIAGE

RELATIONSHIP AND PREVENT ANY REASONABLE EXPECTATIONS OF

RECONCILIATION."

"Art. 56. The petition for [legal separation] DIVORCE shall be denied on any of the following

grounds:

Items 1-6 still retained the same but with additional provision below:

(7) WHERE THE IRRECONCILABLE MARITAL DIFFERENCES ARE NOT SUFFICIENT TO

JUSTIFY DIVORCE; OR

(8) WHERE THE PETITIONER HAS NOT RESIDED WITHIN THE PHILIPPINES FOR AT LEAST

ONE YEAR PRIOR TO THE FILING OF THE PETITION, UNLESS THE CAUSE UPON WHICH

THE PETITION IS BASED OCCURRED WITHIN THE TERRITORY OF THE PHILIPPINES."

"Art. 57. An action for [legal separation] DIVORCE shall be filed within ONE YEAR FROM THE

TIME THE PETITIONER BECOMES COGNIZANT OF THE CAUSE AND WITHIN five years from

the time of the occurrence of the cause7.

IN THE CASE OF GROUNDS OR CAUSES FOR DIVORCE WHICH OCCURRED PRIOR

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House Bill no. 6993, Title II: Family Code of the Philippines
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TO THE EFFECTIVITY OF THIS ACT, THE ACTION MAY BE FILED WITHIN ONE YEAR

FROM THE DATE OF ITS EFFECTIVITY: PROVIDED THAT SAID GROUNDS OR CAUSES

OCCURRED WITHIN FIVE YEARS FROM THE FILING OF THE ACTION.

PETITIONS FOR LEGAL SEPARATION FILED BEFORE THE EFFECTIVITY OF THIS

ACT MAY BE AMENDED TO ACTIONS FOR DIVORCE: PROVIDED THAT SAID

AMENDMENTS ARE MADE WITHIN ONE YEAR FROM THE DATE OF ITS EFFECTIVITY."

"Art. 63. The decree of [legal separation] DIVORCE shall have the following effects:

(1) THE MARRIAGE BONDS SHALL BE DISSOLVED ONE YEAR AFTER THE DATE ON

WHICH THE DECREE BECOMES FINAL. The DIVORCED spouses shall be entitled to live

separately from each other AND TO REMARRY THEREAFTER [, but the marriage bonds shall

not be severed];

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated [but the

offending spouse]. IF THE DECREE OF DIVORCE IS GRANTED PURSUANT TO THE

THIRD PARAGRAPH OF ARTICLE 55, THE NET PROFITS OF THE ABSOLUTE

COMMUNITY OR CONJUGAL PARTNERSHIP SHALL BE DIVIDED EQUALLY

BETWEEN OR IN A MANNER AGREED UPON BY THE PARTIES. IN THE EVENT THAT

THERE IS AN ADJUDGED OFFENDING SPOUSE, SAID 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);

(3) The custody of the minor children shall be awarded to the innocent spouse, OR, IN THE CASE OF

A DECREE OBTAINED PURSUANT TO THE PROVISIONS OF THE THIRD PARAGRAPH

OF ARTICLE 55, TO THE SPOUSE ADJUDGED TO BE MORE CAPABLE IN ENSURING

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 THIER MORAL, MENTAL AND PHYSICAL WELL-BEING, subject to the provisions of Article

213 of this Code; [and]8

(4) The [offending spouse] DIVORCED SPOUSES shall be disqualified from inheriting from [the

innocent spouse] EACH OTHER by intestate succession. Moreover, provisions in favor of the

offending spouse mad in the will of the innocent spouse shall be revoked by operation of law[.];

(5) CHILDREN OF DIVORCED PARENTS SHALL BE ENTITLED TO SUPPORT AS PROVIDED

FOR UNDER THIS CODE. IN ADDITION, THESE CHILDREN SHALL BE DELIVERED

THEIR RESPECTIVE LEGITIME ONE YEAR AFTER THE DECREE OF DIVORCE

BECOMES FINAL, OTHERWISE, THE DECREE SHALL NOT HAVE ANY LEGAL EFFECT

WITH RESPECT TO THE SPOUSE WHO DEFAULTS ON SUCH OBLIGATION.

CHILDREN OF DIVORCED SPOUSES SHALL LIKEWISE RETAIN ALL RIGHTS OF

SUCCESSION WITH RESPECT TO THEIR PARENTS BUT SHALL BRING TO COLLATION

THE LEGITIME PREVIOUSLY RECEIVED UNDER THIS PROVISION WITHOUT ANY

OBLIGATION TO RETURN ANY AMOUNT SUBSEQUENTLY DETERMINED TO BE IN

EXCESS OF THE VALUE THEY ARE ENTITLED TO RECEIVE.

"Art. 64. After the finality of the decree of [legal separation] DIVORCE, the innocent spouse OR

BOTH SPOUSES IN CASE OF DECREES PURSUANT TO THE THIRD PARAGRAPH OF

ARTICLE 55, may revoke the donations made by him or her in favor of the [offending] OTHER spouse,

as well as the designation of the latter as 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 of property shall be respected.

8
House Bill no. 6993, Title II: Family Code of the Philippines
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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 years from the

time the decree of [legal separation] DIVORCE has become final."

Chapter II

METHODOLOGY

This chapter presents the various approaches and processes undertaken by the researcher in

conducting the study. In order to obtain a better learning towards the achievement of this study, the

researchers illustrate its methods and procedures by means of paper research, provision of the law, and

Filipino customs. The study also comprehends the distinctions of annulment, legal separation and

divorce inasmuch as the effects and consequences are concerned.

Chapter III

RESEARCH PROCEDURES

The researcher conducted extensive study of Divorce to expound and discover the true meaning

and intent of the subject. This is to realize the concepts and the significance of the study as to ascertain

the effects of Divorce in our country.

The first part was preparatory in form; this is the foundation of knowledge from where the reader

understands the concept of the study. The thesis statement and outline introduced discovery, pertinent

information and antecedent to which marital separation was originated. These will in light the readers

the nature of study and to apprehend the substance of the study.

The second parts are the existing literatures which have been imported from Title II: The Family

Code of the Philippines and the pending Divorce bill in the Congress. This is to contemplate the

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provisions of the law insofar as the legal issues are concerned. The researcher laid down all permissible

provisions to comprehend the effects of legal separation, annulment and divorce law.

The fourth part describes the implications and consequences of divorce and summarizes the

distinctions from annulment and legal separation.

The last part of the study is the recommendations and conclusions wherein the researcher

provides his analysis and evaluations on the study. The conclusion would be on the factual basis of the

law and the substantial of public policy.

Chapter IV

RESULTS AND DISCUSSIONS

This chapter describes the effects of Divorce in the Philippines and permits the reader to

understand the topic more reasonable, sensible and practicable.

In the Philippines, our main custom is to preserve the sanctity of family thus divorce up to now is

disputable. While the Philippine Congress has been trying to pass divorce bills for the past 10 years, it

remains impossible to dissolve a marriage via this avenue9. One of the palpable evidence is the custom

of Filipinos which has been influenced by Catholic principles. This is the primary reason that divorce is

one of the most controversial and sensitive topics discussed in the Philippines. Currently, there are no

laws allowing divorce in the Philippines because legislation of any law regarding divorce has been

greatly disapproved by the Filipino community. However, the Philippines law prohibits divorce; the

Family Code of the Philippines authorizes Annulment and Legal Separation for unworkable marriages 10.

Divorce is a court order saying that a man and woman are NO LONGER husband and a wife.

Annulment is a judicial statement that THERE NEVER WAS A MARRIAGE between the man and the

woman. It is the cancellation of marriage as if it never happened. This cancellation is done by the court
9
http://deborjalaw.com/
10
By Christian Filipina
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invalidating the marriage from the date of its formation (retroactive application). Legal Separation is a

decree that gives the husband and wife the right to live separately from each other. Through this decree,

the conjugal partnership of properties or the absolute community of properties is dissolved. However,

the man and woman are still considered married. They may not remarry. Notwithstanding, the fact that

marriage was contracted between Filipino and foreigner because many countries do have divorce laws,

Article 26 of the Family Code of the Philippines states that when a marriage between a Filipino citizen

and a foreigner is validly obtained abroad by the alien spouse allowing him or her to remarry, the

Filipino spouse shall have the capacity to remarry under Philippine Law as well.

We have to accept the fact that not all marriages succeed as a permanent union. An increasing

number of married individuals find themselves subjected by their marriage partners to physical violence,

grossly abusive conduct and other acts of offenses that -- rather than promote blissful, harmonious

conjugal and family life -- impair, debase or destroy the legitimate ends of the marriage relationship.

The aforesaid are just the fractions of marriage failure but the damages are grave. Nevertheless, people

might overlook the consequences of divorce, see the following below11.

1. 50% of marriage end in divorce

2. 4% of children are living only with their father.

3. Children from female-headed homes are five times as likely to be poor as children in two-parent

families.

4. Suicide rates for children of divorce are measurably higher than for children from intact families.

5. Children of divorce were found to be twice as likely as children from intact families to drop out

of school.

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 6. The suicide rate for divorced white men was four times higher than for their married

counterparts.

The aforementioned signifies the drastic effects of divorce which is insuperable than taken thereof.

Chapter V

RECOMMEDANTIONS AND CONCLUSIONS

Divorce may change the culture of Filipino families and certainly give a chance to remarry to those

who seek for a new happiness and non-violent life. However, the controversy arises when the family and

children whom we protect will object for divisibility. The spouses might be happy but the consequences

that would be produced is severed, which is inadmissible having the fact that amending the Family Code

will defeat the spirit of our constitutions. It is undeniable that many Filipino marriages have failed due

to their differences and status of life that leads to a miserable ending. However, the law provides

remedies to rectify the deficiencies which are sufficient to save the marriage and avoid unjust

consequences. Among the alternatives are: counseling, mediation, and communication, both in a church

or civil setting.

Taking divorce as solution of spouses for failure marriage is considered a selfish and self-centered

act in the absence of family and children welfare. Divorce is not only anti-Filipino but also anti-family

and anti-marriage. As much as possible, every Christian is still expected to honor the sanctity of

marriage no matter how difficult the circumstances may be. Marriage is a covenant that should be filled

with love; it is not meant to be abolished.

What God has joined together, let not man separate.

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