Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1

Date Filed: January 18, 2018

Introduced by: AWAT NA PARTYLIST Reps. Izo M. Bellosillo, Emrico M. Cabahug, JM P.

Javier, Jonatan Porras, Rhodora P. Samar

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

EXPLANATORY NOTE

Legalization of divorce is definitely called for amid the rising number of nullity, annulment
and legal separation cases which are denied by the courts for lack of legal grounds. The issues on
the existing legal frame work are too grave to ignore. Unlike nullity and annulment actions, divorce
recognizes the existence of a valid marriage. Unlike legal separation, divorce severs marriage
bonds. Divorce fills in the gaps left by the existing legal framework on marriage. If divorce is not
reintroduced into domestic law, the weakness of nullity, annulment, and legal separation will never
be addressed.
The Philippines has the constitutional mandate to protect and strengthen the family and
marriage. The term “family” is neither limited to a patriarchal concept nor referring only to the
nuclear family.
Divorce protects and strengthens the family. It produces positive consequences for the
spouses and children which ultimately benefits the society in general.

The Philippines, as signatory to international human rights treaties, has a legal and building
obligation to respect the rights against non- discrimantion, equality of men and women, against
torture and cruel, inhuman or degrading treatment or punishment, and to marriage and family.

Treaty Monitoring bodies have continuously expressed their concern on the lack of divorce
in the country and are consistent in recommending that a divorce law be enacted.
 The drafters of the Constitution had no intention to prohibit divorce. Other Catholic
Countries with constitutional provisions on family and marriage similar to that of the Philippines
allow divorce.

Divorce reduces the incidence of domestic violence. At present, physical violence is only
a ground for spouses to live separately from each other. Divorce provides battered spouses an
effective remedy to address the abuse.

Divorce terminates a valid marriage based on grounds occurring during the marriage. It
does not require proof that marriage is void or defective from the beginning. Divorce gives
recognition to the validity of a marriage which the existing legal framework on marriage does not
make possible.

Divorce promotes equality among muslim and non-muslim Filipinos, and foreigners. Two
exceptions to the “No divorce policy” benefit only Muslim Filipinos and foreigners effectively
excluding majority of Filipinos who are non-Muslims.

The existing legal framework on marriage is onerous, unreasonable, and inaccessible for
majority of Filipinos. Limited and exclusive grounds, prohibitive costs for legal and professional
fees, default State participation, universal requirement of adversarial proceedings, and lengthy
judicial process render the remedies of nullity, annulment, and legal separation ineffective.

Based on the increasing number of failed marriages which confines many of our citizens
to a perpetual state of marital limbo, it has become morally and socially acceptable for many
Filipinos to grant spouses of broken marriages the legal right to remarry. The present grounds of
legal separation which are recognized in our society as justifiable bases for relative divorce should
be re-enacted as lawful grounds for absolute divorce. In addition, it is recommended that
“irreconcilable marital differences” be included in our present civil laws as justifiable cause for
absolute divorce because not all circumstances and situations that vitiate the institution of marriage
could be specifically categorized and defined by our lawmakers. Spouses living in a state of
irreparable marital conflict or discord should be given the opportunity to present their marital
contrarieties before the courts and have such differences adjudged as substantial grounds to
dissolve or sever the legal bond of marriage.
In addition to these reasons, there are criticisms that the existing laws on annulment are
anti-poor, as the high cost needed to pursue a case for annulment prevents the poor from securing
one.

The most fundamental argument in favor of the enactment of a divorce law is the very
glaring inability of the existing legal mechanisms to address the often complex and multiple causes
behind the separation cases and failed marriages. The following points serve to elaborate further:
(1) actions for nullity and annulment do not recognize domestic violence as a valid ground for
terminating a marriage; (2) a number of other plausible grounds for separation exist but are not
recognized by any of the three existing remedies; (3) Psychological incapacity, as a ground for
nullity of marriage under Article 36 of the Family Code, is prone and has in fact been subject to
abuse; (4) the default participation of the State in actions for nullity, annulment, and legal
separation often obstructs – to the point of being unreasonable – the realization of a mutual desire
to separate by two consenting adults; (5) the prohibitive costs of pursuing any of the existing legal
remedies discriminates among social classes; and (6) on a related note, permitting divorce for
Muslims and foreigners actually discriminates against Non-Muslim Filipinos.
Verily, in view of the foregoing, the enactment of this bill is earnestly and urgently
recommended.
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1

Date Filed: January 18, 2018

Introduced by AWAT NA PARTYLIST Reps. Izo M. Bellosillo, Emrico M. Cabahug, JM P.

Javier, Jonatan Porras, Rhodora P. Samar

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

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

assembled:

Section 1: Short Title. – This Act shall be known as the “Divorce Act of 2018.”

Section 2: Declaration of Policy. - It is hereby declared the policy of the State to protect and
strengthen marriage and the family as basic social institutions, to value the dignity of every human
person, to guarantee full respect for human rights, and to ensure the fundamental equality before
the law of women and men. The provisions of this bill are consistent with and in pursuit of those
State policies. Further, this proposed bill aims to protect life, liberty and property and promote
general welfare which are essential for the enjoyment by all the blessings of democracy in a just
and humane society.

Towards this end, in the interest to fortify family life and equality among men and women,
the Congress finds it compelling to enact a law providing for legal termination and dissolution of
marriage. Moreover, this law strengthens the society in the sense that it eradicates sufferings
among its members may it be physical, emotional, mental and psychological.

Section 3: Definition of Terms. - For the purposes of this Act, the following terms shall be defined
as follows:

Annulment – is in the nature of a court proceeding with the end view of severing the marital bond
between husband and wife. It is applicable only to voidable marriages, and is availed of in a
situation where the marriage is valid from the beginning but can be annulled on various grounds
by the court, specifically provided for under Article 45 of the Family Code. A petition for
annulment of marriage is applicable to marriages that are voidable. Under Philippine law, a
voidable marriage is one that “is valid until otherwise declared by the court.”

Bigamous Marriage- The offense of willfully and knowingly contracting a second marriage while
the first marriage, to the knowledge of the offender, is still subsisting and undissolved.

Child- a male or female descendant of the first degree.

Child custody- parental authority and care of a child as decreed by the competent court when the
parents of the child are divorced.

Divorce - the “legal termination of a marriage by a court in a legal proceeding, requiring a petition
or complaint for divorce by one party. It is the “legal separation of husband and wife, effected, for
cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending
its effects so far as it concerns the cohabitation of the parties.”

Family Code of the Philippines – the governing law on Family relations.

Insanity- a condition which is “a manifestation in language or conduct of disease or defect of the

brain, or more or less permanently diseased or disordered condition of the mentality, function or
organic and characterized by perversion, inhibition, or disordered functions of sensory or of the
intellectual faculties, or by impaired or disorder volition.”

Legal Separation – is a legal process by which a married couple may formalize a de facto
separation while remaining legally married. A legal separation is granted in the form of a court
order.

Legitime- the portion of a parent’s estate of which he cannot disinherit his children, without a
legal cause.

Marriage – a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are governed
by law and not subject to stipulation except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code.

Nullity of Marriage – presupposes that the marriage was void from the beginning on account of
the inability of the parties to satisfy the formal and essential requisites of marriage (Article 2 and
3 Family Code of the Philippines) as well as their failure to comply the essential marital obligations
of marriage, namely: to “live together, observe mutual love, respect and fidelity, and render mutual
help and support.” (Article 68 Family Code of the Philippines).
Psychological Incapacity –incapacity or inability to take cognizance of and to assume basic
marital obligations, and is not merely the difficulty, refusal or neglect in the performance of marital
obligations or ill will.

Support- a method of compensating a parent needing monies for raising and sheltering a child by
the other parent who has the means to manage the expenses associated with child support. A court
of law usually determines the payments, based on the income level of the other parent and the
needs of the child.

Section 4: Ground for Divorce. - A petition for divorce may be brought by either party to a
marriage under this Act.

a) When any grounds for legal separation under Article 55 of Executive No. 209 or the Family
Code of the Philippines has caused the marriage so irreparably broken down that the
continuation of the marriage life would cause unbearable pain on the other spouse or his/her
children.

b) When any grounds for the nullity of marriage under Article 45 of Executive No. 209 or the
Family Code of the Philippines has caused the marriage so irreparably broken down that
the continuation of the marriage life would cause unbearable pain on the other spouse or
his/her children.

c) When any grounds under Section 5 of R.A 9262 otherwise known as Violence against
women and their children Act of 2004 has caused the marriage so irreparably broken down
that the continuation of the marriage life would cause unbearable pain on the other spouse
or his/her children.

d) Adultery, concubinage and bigamy as defined under the Revised Penal Code. The same do
not require conviction.

e) When one or both spouses are psychologically incapacitated to comply with the essential
marital obligations.

f) Having a child from another person other than the spouse during the marriage.
g) Incurable insanity which has reached such stage that the intellectual community between
the spouses has ceased.

h) Attempt by one spouse against the life of their common child or the child either spouse.

Section 5: Procedure.- No divorce shall be file within one (1) year from the date of their marriage.
An action for divorce shall in no case be tried within three (3) months after the filing of the petition.
 The petition for divorce shall be filed in the family court which has jurisdiction over the
place where their family home is located.

The court shall issue an order within five (5) days after the filing of the petition setting the
time and place for mediation and counseling and shall cause reasonable notice thereof to be given
to both parties.

No divorce shall be decreed unless the court has taken steps towards the reconciliation of
the spouses and is fully satisfied, despite such effort, that reconciliation is highly improbable.

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.

During the pendency of the action of divorce and in 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 whom they
wish to remain. It shall also provide for appropriate visitation rights of the other parent.

After the lapse of three (3) months and there was no reconciliation between the spouses the
court shall issue an order setting the time and place for the initial hearing and shall cause reasonable
notice thereof to be giving to both parties.

Section 6: Protection Orders. - After the decree has been granted and issued, the innocent spouse
may be given a protection order by which shall provide the following:

1) A spouse in whose property the other spouse has acquired an interest by virtue of the
marriage may apply by petition to the court for an order to protect any property which she
or he may have obtained or may obtain after the dissolution of marriage, against him or her
and his or her creditors and any person claiming under him or her.

2) Where the spouse or any creditor or person claiming under him or her, seizes or continues
to hold any property of the other spouse after notice of any such order, the other spouse
may by action recover the property, and also a sum equal to double its value.

Section 7: The decree of legal divorce shall have the following effects:

1) The spouses shall be entitled to live separately from each other, and the marriage bonds
shall severed;
 2) The absolute community or the conjugal partnership shall be dissolved and liquidated and
the assets shall be equally divided between the spouses, subject to any ante or post nuptial
agreements the parties may have made relating to division of property. However, the
offending spouse shall have no right to any share of the net profits earned by the absolute
community or the conjugal partnership shall be forfeited in favor of the innocent spouse In
the partition of assets the presumptive legitime of common children, computed as of the
date of final judgment of the court, shall be delivered to them. The partition and distribution
of 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) The custody of the minor children shall be awarded to the innocent spouse, absence of
adequate provisions in a written agreement between the spouses, the judge will determine
for the support of the spouses and the custody and support of their common children subject
to the provisions of Article 213 of the Family Code;

4) 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.

5) The divorced spouse shall have the right to contract marriage again provided that the
divorced spouse will not marry again.

6) After the finality of the decree of divorce, the innocent spouse 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 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. 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 Article must be brought within five years from the
time the decree of legal separation become final.

7) The legitimate and adopted children of the divorced parents shall retain their legal status;

8) Children conceived or born before the decree of divorce has become final and executory
shall be considered legitimate;

Section 8: 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.
Section 9: Separability Clause. - If any part or provision of this Act is declared invalid, all other
provisions not affected thereby shall remain valid.

Section 10: Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.

Approved,