Absolute Divorce discussion briefer Draft

I. Divorce in the Philippines

-Only country in the world that doesn’t have divorce law

- But, there are Ethic groups in the country practicing divorce such as Tagbanwas of Palawan,
kankanais and bontocs of Cordillera and Gadangs of Nueva Viscaya etc.

II.History

Spanish colonial period, the absolute divorce was never recognized, a new law was imposed
upon the Filipinos: Las Siete Partida, provisions of Canon Law and Council of trent. The varous
laws of Titles 2,9 and 10 Partida IV, the divorce might be granted to the following grounds

1. the desire of one spouse to enter a religious order

2. adultery
3. the other became heretic

-American period: Act 2710 or the Divorce Law- repealed the La Siete Partidas. Wherein no law
allowed legal separation. The Divorce is allowed on the ground criminal conviction on adultery
on the part of wife is concubinage on the part of husband

Japanese occupation: The Act 2710 is repealed by EO141 which expanded the grounds for
divorce.

After the Japanese had left, Code Commission drafted the New Civil Code of the Philippines of
1950. It did not allow absolute divorce, it only provides relative divorce or legal separation.

III. The Family Code

In 1897, Family Code amended the New Civil Code; it only maintains Legal Separation except in
Article 6 in the case of a Filipino Married to a foreigner whose laws provide for divorce.

Grounds for Legal Separation:

1. repeated physical Violence against petitioner, common child and child of petitioner
2. Physical Violence or Moral pressure to compel petitioner to change religious or political
affiliations
3. Attempt to corrupt or induce the petitioner, common child or child of the petitioner to
engage in prostitution, corruption or inducement
4. Sentencing the respondent to six years of imprisonment
5. Drug addiction, alcoholism of respondent
6. Homosexuality or lesbianism of respondent
7. Bigamous marriage of respondent
8. Sexual infidelity of perversion of the respondent
9. Attempt of the life of petitioner by the respondent
10. Abandonment of petitioner by respondent without justifiable cause for more than one year

However, a legal separation does not sever marital ties. It does not allow them to enter into
another marriage-bigamy.
 To finally sever the marital ties, they need to file another petition- declaration of nullity of
marriage or annulment.

1. Contracted by any party below eighteen years old (lack of legal capacity to marry)
2. Those solemnized by any person those not legally authorized to perform marriages
3. Those solemnized without marriage license
4. Bigamous or polygamous marriage framers
5. Contracted through mistake
6. Those contracted is/are psychologically incapacitated to comply essential marital obligations
7. Incestuous marriages

reintroducing

IV. Introducing the Divorce Bill in the Philippines and Context of filing

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 benefiting legal processes.

Political, economic and social realities take toll on the couple’s relationship.

Inequalities and violence in marriage 14.4% of married women experience physical violence and
23% experience emotional violence. According to PNP, total reported case VAW incidence 35,093 last
2016.

Many things beyond the control of spouses did happen to our society that put tremendous
pressure on the stability of Filipino families.

Rising incidence of OFWs seeking annulment to their marriages

Rising number of couples looking for an escape hatch from their troubled marriages other than those
already provided by our marriages laws. According to the Department of Justice, petition for nullity and
annulment have significantly risen- more than doubled- in the last ten years from 4,520 in 2001 to
10,528 in 2011
 - https://www.rappler.com/newsbreak/iq/117260-in-numbers-marital-woes-annulment-
philippines
- Datas from Office of the Solicitor General

More women initiate filing annulment than men (53.2% are women while 46.8% are men)

it only refers to annulment and declaration of nullity cases invoking the grounds of psychological
incapacity and inherent defects in the validity of the marriage. Does not include separation and
annulment based on other grounds such as presumptive death, also does not include marital
dissolution.

Introducing divorce as another option in couples for failed and irreparable marriages, an option based
on the recognition that the right to enter into a marriage contract has the corresponding spousal right to
end such contract when it has reached the point of irreparability.

V. Absolute divorce and Dissolution of marriage

The Gabriela Women’s Party first filed the divorce bill in the 13th congress, refiled in 14th, 15th,
16th and 17th congress. In the 17th congress HB 116, HB1062, HB2380, HB6027, and HB 2380 were filed
and finally substituted in HB 7306 “ An Act of Absolute Divorce and Dissolution of Marriage in the
Philippines” (Rep. Edcel Lagman, Rep. Robert Barbers, Rep. Emmi De Jesus. Rep. Arlene Brosas, Rep.
Teddy Baguilat Jr. , Rep. Rodel Batocabe, Rep. Ariel Casilao, Rep. France Castro, Rep. Nancy Catamco,
Rep. Pia S. Cayetano, Rep. Sarah Elago, Rep. Gwendolyn Garcia, Rep. Ana Cristina Go, Rep. Pantaleon
Alvarez, Rep. Antonio Tinio, Rep. Carlos Isagani Zarate, Rep. Eleanor Bulut-Begtang )

Grounds for Absolute Divorce

de facto separated for at least five (5) years

legal separation for at least two (2) years

one of the spouses has contracted bigamous marriage;

one of the spouses has been sentenced to imprisonment for six (6) years

has undergone a sex assignment surgery

both spouses filed a joint petition for the dissolution of their marriage

Provides priority for OFWs

OFW petitioner shall be given priority with the proper court with respect to the hearing of their
petitions and the court shall set the reception of evidence, upon the availability of the petitioners, for
not more than two (2) consecutive days
Six-month cooling off period

- except for grounds under summary judicial proceedings, the proper court shall not start the trial of a
petition for absolute divorce before the expiration of a six-month cooling-off period after the filing of
the petition during which the court shall exercise to reunite and reconcile the parties

the requirement of a cooling off period shall not apply in cases which involves acts of violence against
women and their children act of 2004 or attempt against life of the other spouse or a common child or a
child of the petitioner

Effects

a. Right to have marry again either civil or religious ceremony

b. Minor child custody shall be decided by the proper court
c. Conjugal partnership of gains shall be dissolved and liquidated and the assets shall be equally
divided.
d. The petitioner who is not gainfully employed shall be entitled to support shall until the
petitioner find adequate employment.
e. Revocation. Five years from the time the decree of absolute divorce has become final.
f. Legitimate and adopted children shall retain its legal status and legitimacy

Recognition of reconciliation

-a corresponding joint manifestation, shall be filed with the same court were the petition for
absolute divorce was filed. All the proceedings if still pending shall be terminated and the final decree
shall be set aside. The property of the share of the respondent already effected shall subsist unless the
spouse agree to revive their former property regime.

Penalty

-imprisonment of five (5) years and fine of P200,00. For who is found guilty in using threats or
coercion to compel the other spouse in filing the petition

-Any parent in default of providing the required child support shall imposed stiffness and
contempt of the court