Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

ELEVENTH CONGRESS

First Regular Session

HOUSE BILL NO. 6993

By Representative Manuel C. Ortega

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 PHILIPPINES

 
            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, as amended by Executive Order No.
227, otherwise known as the Family Code of the Philippines, is hereby amended to read as
follows:

            "TITLE II [LEGAL SEPARATION] DIVORCE."

            SEC. 2. Articles 55 to 67 of the same Code are hereby amended to read as follows:

            "Art. 55. A petition for [legal separation] DIVORCE 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 the 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
adoption.

            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:

(1) Where the [aggrieved party] PETITIONER has condoned the offense
 
or act complained of;
(2) Where the [aggrieved party] PETITIONER has consented to the
 
commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of
  the offense or act constituting the ground for [legal separation]
DIVORCE;
(4) Where both parties have given ground for [legal separation]
 
DIVORCE;
(5) Where there is collusion between the parties to obtain the decree of
 
[legal separation] DIVORCE; [or]
  (6) Where the action is barred by prescription[.];
(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 cause.
            IN THE CASE OF GROUNDS OR CAUSES FOR DIVORCE WHICH
OCCURRED PRIOR 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. 58. An action for [legal separation] DIVORCE shall in no case be tried before
six months have elapsed since the filing of the petition."

            "Art. 59. No [legal separation] DIVORCE may be decreed unless the court has taken
steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable."
            "Art. 60. No decree of [legal separation] 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] DIVORCE, the spouses
shall be entitled to live separately from each other.
            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 or conjugal partnership
property. The administrator appointed by the court shall have the 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] DIVORCE, the
provisions of Article 49 shall likewise apply to the support of the spouses and the custody and
support of the common children."

            "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 THIER MORAL, MENTAL AND
PHYSICAL WELL-BEING, subject to the provisions of Article 213 of
this Code; [and]
(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. 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."

            "Art. 65. If the spouses 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] DIVORCE."

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

(1) The [legal separation] DIVORCE proceedings, if still pending, shall

 
thereby be terminated at whatever stage; and
(2) The final decree of [legal separation] DIVORCE shall be set aside, but
the separation of property and any forfeiture of the share of the guilty
 
spouse already affected 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."

            "Art. 67. The agreement to revive the former property regime referred to in the
preceding Article shall be executed under oath and shall specify:

  (1) The properties to be contributed anew to the restored regime;

  (2) Those to be returned as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the
 
amounts owing to each.

            The agreement of revival and the motion for its approval shall be filed with the court
in the same proceeding for [legal separation] DIVORCE, with copies of both furnished to the
creditors named therein. After due hearing, the court shall, in its order, take measures to
protect the interest of 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 creditor's claim."

            SEC. 3. Separability Clause. - If any part or provision of this Act is declared invalid,
the remainder or any provision thereof not affected shall remain in force and effect.

            SEC. 4. Repealing Clause. - The provisions of any law, executive order, presidential
decree or other issuances inconsistent with this Act are hereby repealed or modified
accordingly.

            SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

            Approved,
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session

ELEVENTH CONGRESS

HOUSE BILL NO. 6993

Introduced by Representative Manuel C. Ortega

EXPLANATORY NOTE

            This bill seeks to amend Executive Order No. 209, otherwise known as the Family
Code of the Philippines, as amended by Executive Order No. 227, by allowing absolute
divorce (a vinculo matrimonii) and thereby granting legally separated spouses the right to
remarry.

            Today 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 or offenses that -- rather than promote blissful,
harmonious conjugal and family life -- impair, debase or destroy the legitimate ends of the
marriage relationship. This bill thus seeks to give spouses who are shacked by an
irretrievably broken marriage the freedom to remarry and possibly succeed in attaining a
stable and fulfilling family life.

            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.

            Neither is divorce an institution exclusive to contemporary times. Historical records

indicate that long before the advent of Spanish colonial rule beginning in the early 16th
century, absolute divorce had been 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 the Spanish regime, the law on divorce was the Siete Partidas which allowed
only legal separation. The Spanish Civil Code on the subject were among those suspended by
Governor General Weyler in 1889, and was never enforced since.

            In 1917 Act 2710 was passed by the Philippine Legislature repealing the Siete
Partidas by allowing divorce on the grounds of adultery on the part of the wife and
concubinage on the part of the husband. During the Japanese Occupation, a new law on
absolute divorce, E.O. No. 141, was promulgated providing for ten grounds for divorce. The
law lasted until 1944 when Gen. Douglas MacArthur re-established the Commonwealth
Government by proclamation which in effect repealed E.O. No. 141 and revived Act 2710.

            In 1950, Act 2710 was repealed by the Civil Code of the Philippines which allows
only legal separation. The draft of the Code, however, had provisions on absolute divorce
which was subsequently eliminated and substituted with legal separation. The present Family
Code of the Philippines also does not allow divorce (except a divorce obtained by the alien
spouse of a Filipino citizen abroad), but it has expaded the grounds for legal separation to ten.
Indeed, quoting a respected Filipino historical writer, "the law has come full circle".

            While the Family Code of the Philippines allows relative divorce, it prohibits lawfully
separated spouses from exercising the right to remarry. 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.

            In the light of the foregoing, it is proposed that our present laws on marriage be
amended to allow absolute divorce or dissolution of marriage. 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 for 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 a 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.

            Approval of this Bill is earnestly sought.