HOUSE BILLS AMENDING CERTAIN PROVISIONS OF FAMILY CODE

ISSUES IN THE FAMILY CODE Solemnizing officers

HB 618 Section 1. Article 7 of the Family Code is hereby amended and read as follows: Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court's jurisdiction; (2) 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 sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) 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; (5) Any consul-general, consul or vice-consul in the case provided in Article 10; and (6) ANY PROVINCIAL GOVERNOR WITHIN HIS/HER JURISDICTION. Section 2. Article 8 of the Family Code is hereby amended and read as follows: Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, OR PROVINCIAL GOVERNOR, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

Void and Voidable Marriages

HB 798 Article 45 of the Family Code is hereby amended to accommodate an additional ground to read as follows: Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; xxx and by way of incorporation; Art. 45-A 7. That during the subsistence of the marriage, either party was convicted of the crime of Adultery or Concubinage by final judgment. Unless after having due reflection on the spouses infidelity, the innocent spouse freely cohabited with the other. Section 2. By whom filed? Article 47 of the Family Code is hereby supplemented to include: Article 47-A Action for annulment of marriage based on this supplementary ground shall be filed only by the innocent spouse and within the period of 5 years reckoned from the time of conviction.

HB 2144 Section 1. Article 36 of Executive Order No. 209, otherwise known as the Family Code of the Philippines is hereby amended as follows: Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. A combination of at least 5 of the grounds for legal separation enumerated under Article 55 that becomes manifest during the marriage shall constitute prima facie indication of psychological incapacity.

HB 1799 Divorce Bill (Other pertinent provisions are found on the subsequent tables) SEC. 4. Article 36 of the Family Code is hereby repealed.

Legal Separation and Divorce

HB 2144 Section 2. Article 55 of the same statute is hereby amended to read as follows: Art. 55. A petition for legal separation 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 OR EXCESSIVE GAMBLING of the respondent; (6) Lesbianism or homosexuality OR BISEXUALITY of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion, INCLUDING THE ACT FORCING THE PETITIONER TO ENGAGE IN SEXUAL INTERCOURSE THROUGH VIOLENCE AND INTIMIDATION; (9) AFFLICTION OF THE RESPONDENT OF ANY SEXUALLY TRANSMISSIBLE DISEASE REGARDLESS OF ITS NATURE, WHETHER OR NOT PASSED ON TO THE PETITIONER, (10) Attempt by the respondent against the life of the petitioner, HIS OR HER DESCENDANTS OR ASCENDANTS, BROTHERS OR SISTERS WHETHER OF FULL OR

HB 1799 Section 1. Title II of the Executive Order NO. 209, amended, otherwise known as the Family Code of the Philippines, is hereby amended as follows: TITLE II LEGAL SEPARATION AND DIVORCE Section 2. Articles 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, and 66 of Executive Order No. 209, otherwise known as the Family Code of the Philippines are also hereby amended to read as follows: Art. 55 (A). A petition for legal separation 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 by adoption. (B) A petition for divorce may be filed on any of the following grounds: (1) 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 improbable; (2) The petitioner has been legally separated from his or her spouse for at least 2 years at the time of the filing of the petition and reconciliation is highly improbable; (3) When any of the following grounds for legal separation under paragraph (A) of this article has caused the irreparable breakdown of the marriage; (4) When one or both spouses are psychologically incapacitated to comply with the essential marital obligations;

HALF-BLOOD; or (11) UNJUSTIFIED REFUSAL OF THE RESPONDENT TO PROVIDE SUPPORT TO THE PETITIONER AND/OR THEIR COMMON CHILDREN (12) UNJUSTIFIED RELUCTANCE OF THE RESPONDENT TO ENGAGE IN A DECENT OCCUPATION OR MEANS OF LIVELIHOOD, (13) 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 by adoption.

(5) When the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage. "Art. 56. The petition for legal separation OR DIVORCE shall be denied on any of the following grounds: [(1) When the aggrieved party has condoned the offense or act complained of; (2)Where the aggrieved party has consented to the commission of the offense or act complained of;] [(3)] [1] Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation OR DIVORCE; [(4) Where both parties have given ground for legal separation;] [(5)] (2) Where there is collusion between the parties to obtain the decree of legal separation OR DIVORCE; [or (6) Where the action is barred by prescription.]" "Art. 57. [An action for legal separation shall be filed within five years from the time of the occurrence of the cause.] AN ACTION FOR LEGAL SEPARATION OR DIVORCE MAY BE FILED AT ANY TIME." "Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. THE SAME RULE SHALL APPLY TO AN ACTION FOR DIVORCE BASED ON ARTICLE 55 (B), NUMBERS 3 AND 5 OF THIS CODE. THIS RULE SHALL NOT APPLY WHERE THE ACTION FOR LEGAL SEPARATION OR DIVORCE INVOLVES ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN UNDER REPUBLIC ACT NO. 9262. IN A SUCH CASE, SECTION 19 OF THE REPUBLIC ACT NO. 9262 SHALL APPLY. "Art. 59. No legal separation OR DIVORCE may be decreed unless the Court has taken steps towards the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable." "Art. 60. No decree of legal separation OR DIVORCE shall be based upon a stipulation of facts or a confession of judgment. "Art. 59. No legal separation OR DIVORCE may be decreed unless the Court has taken steps towards the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable." "Art. 60. No decree of legal separation OR 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 OR DIVORCE, the spouses shall be entitled to live separately from each

other. 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 OR 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 OR DIVORCE, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of their common children." "Art. 63 (A). The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated AND THE ASSETS SHALL BE EQUALLY DIVIDED BETWEEN THE SPOUSES but the offending 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)] PAY TO THE INNOCENT SPOUSE ACTUAL, MORAL AND EXEMPLARY DAMAGES IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES; (3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; [and] (4) THE INNOCENT SPOUSE AND THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE; (5) THE CHILDREN SHALL BE ENTITLED TO THEIR PRESUMPTIVE LEGITIME WHICH SHALL BE COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT; AND [(4)] (6) 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. (B) THE DECREE OF DIVORCE SHALL HAVE THE FOLLOWING EFFECTS: (1) THE MARRIAGE BONDS SHALL BE SEVERED; (2) THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP OF GAINS SHALL BE DISSOLVED AND LIQUIDATED AND THE ASSETS SHALL BE DIVIDED EQUALLY BETWEEN THE SPOUSES. IN THE PARTITION OF THE ASSETS, THE PRESUMPTIVE LEGITIME OF THE

COMMON CHILDREN, COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT, SHALL BE DELIVERED TO THEM. THE PARTITION AND DISTRIBUTION OF THE 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) IN ADDITION TO HIS OR HER EQUAL SHARE IN THE ASSETS OF THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP, THE SPOUSE WHO IS NOT GAINFULLY EMPLOYED SHALL BE ENTITLED TO SUPPORT FROM THE OTHER SPOUSE UNTIL HE OR SHE FINDS ADEQUATE EMPLOYMENT, PROVIDED, HOWEVER, THAT THE SUPPORT SHALL ONLY BE FOR ONE YEAR FROM THE FINALITY OF THE DECREE OF DIVORCE, AND PROVIDED FURTHER THAT THE RIGHT TO SUPPORT SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 201 OF THIS CODE. (4) ACTUAL, MORAL AND EXEMPLARY DAMAGES SHALL BE AWARDED TO THE AGGRIEVED SPOUSE IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES; (5) THE CUSTODY OF ANY MINOR CHILD SHALL BE DECIDED BY THE COURT IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD, SUBJECT TO THE PROVISIONS OF ARTICLE 213 OF THIS CODE; (6) THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE; (7) CHILDREN CONCEIVED OR BORN BEFORE THE DECREE OF DIVORCE HAS BECOME FINAL AND EXECUTORY SHALL BE CONSIDERED LEGITIMATE; AND (8) THE PARTIES SHALL BE DISQUALIFIED FROM INHERITING FROM EACH OTHER BY INTESTATE SUCCESSION. MOREOVER, PROVISIONS IN FAVOR OF ONE SPOUSE MADE IN THE WILL OF THE OTHER SPOUSE SHALL BE REVOKED BY OPERATION OF LAW. "Art. 64. After the finality of the decree of legal separation OR DIVORCE, the innocent spouse IN THE CASE OF LEGAL SEPARATION OR IN THE CASE OF DIVORCE UNDER ARTICLE 55 (B) NUMBERS 3 AND 5 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 a 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 or 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 (5) years from the time the decree of legal separation OR DIVORCE has become final." "Art. 65. If the spouses WHO HAVE BEEN LEGALLY SEPARATED 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." "Art. 66. The reconciliation referred to in the preceding Article shall have the following consequences: (1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and (2) The final decree of legal separation shall be set aside, but the separation of property [and any forfeiture of the share of the guilty spouse already effected] 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." SEC. 3. Article 26 of the Family Code is hereby amended to read as follows: Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), [36], 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. A DECREE OF DIVORCE VALIDLY OBTAINED BY A FILIPINO CITIZEN ABROAD SHALL BE VALID IN THIS COUNTRY ONLY AFTER A DETERMINATION BY A PHILIPPINE COURT THAT THE SAME IS BASED ON A GROUND FALLING UNDER ARTICLE 55 IB) OF THIS CODE." SEC. 4. Article 36 of the Family Code is hereby repealed.

FILIATION AND LEGITIMACY

HB 130 Section 1 Article 163, Chapter 1, Title VI of E.O. 209, as amended otherwise known as the Family Code is hereby amended to read as follows: Art. 163. The filiation of children may be by nature or by adoption. Section 2. Article 164, 165, 168, 169, 170 and 171 of Chpater 1, Article 172, 173, 174 of Chapter 2, 175 and 176 of Chapter 3 and Article 177, 178, 179, 180, 181, and 182 of Chapter 4 of the same Code are hereby expressly repealed and abrogated. Section 3. The filiation of natural children is established by any of the following: 1. the record of the birth certificate appearing in a civil register or final judgment; 2. An admission of natural filiation in a public document or a private handwritten instrument and signed by the partied concerned; and 3. Any other means Section 4. All children shall have the right: a. To bear the surname of father and mother in conformity with the provisions of the Civil Code and Special Laws; b. To receive support from their parents, their ascendants and in proper cases, their brothers and sisters in conformity with the provisions of the Family Code; c. To be entitled to the legitimate and other successional rights without any distinction whatsoever.

HB 1385 Section 1. Article 177 of the Republic Act No. 209, otherwise known as the Family Code is hereby amended as follows: Art. 177. Children conceived and born outside of wedlock of parents may be legitimated.

HB 2586 Section 1. Article 172 of the Family Code is hereby amended and read as follows: Art. 172. The filiation of legitimate OR ILLEGITIMATE children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate or illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate or illegitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate or illegitimate child; or (2) DNA testing between the child and alleged parent/s. If the alleged parent has already died and no biological sample could be retrieved, DNA testing will be done between the child and other children of said deceased parent/s. (3) Any other means allowed by the Rules of Court and special laws. Section 2. Article 173 of the Family Code is hereby amended and read as follows: Art. 173. The action to claim legitimacy or illegitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the

action. Section 5. Parents shall have joint parental authority over their children, provided however, the parent intending to exercise parental authority recognizes and/or acknowledges such child as his or her own. Section 3. Article 175 of the Family Code is hereby amended and read as follows: When the action to claim illegitimacy is based on the second paragraph of Article 172, the action may be brought during or after the lifetime of the alleged parent as long as strong evidence is presented by the parties concerned.

PROPERTY RELATIONS BETWEEN SPOUSES

HB 1288

HB 1671

Section 1. Article 75 of Title IV of the Family Code is hereby amended as follows: Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of CONJUGAL PARTNERSHIP OF GAINS as established in this Code shall govern.

Section 1. Article 73 of the Family Code is hereby amended as follows:

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds. In case of disagreement, the court shall decide whether or not: (1) The objection is proper; an (2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the COMMUNITY PROPERTY. IF BENEFIT ACCRUED THEREAFTER, SUCH OBLIGATION SHALL BE ENFORCED AGAINST THE separate property of the spouse who has not obtained consent. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. Section 2. Artcile 111 of the Family Code, as amended, is hereby further amended as follows: Art. 111. EITHER SPOUSE may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.

SENATE BILLS AMENDING CERTAIN PROVISIONS OF FAMILY CODE

ISSUES IN THE FAMILY CODE Marriage License

SB 2314 SECTION 1. Article 18 of the Family Code of the Philippines is hereby amended to read as follows: "ARTICLE 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license WITH THE CORRESPONDING APPLICATION FOR SUCH after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interested party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuance ofthe order."

SB 2280 SECTION 3. Article 16 of Executive Order No. 209 as amended by Executive Order No. 227 is hereby amended to read as follows: Art. 16. [In the cases where parental consent or parental advice is needed, the party or parties concerned] PARTIES SEEKING THE ISSUANCE OF THE MARRIAGE LICENSE shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months. IN CASES UNDER ARTICLE 15 OF THIS CODE, SUSPENSION SHALL BE THREE MONTHS from the completion of the publication. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage. [Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph.]

Solemnizing officers

SB 2084 Section 1. Article 7 of the Family Code is hereby amended and read as follows: Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court's jurisdiction; (2) 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 sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) 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; (5) Any consul-general, consul or vice-consul in the case provided in Article 10; and (6) ANY PROVINCIAL GOVERNOR WITHIN HIS/HER JURISDICTION. Section 2. Article 8 of the Family Code is hereby amended and read as follows: Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, OR PROVINCIAL GOVERNOR, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

Void and Voidable Marriages

SB 781 SECTION 1. Article 36 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended as follows: "Article 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest after its solemnization." PSYCHOLOGICAL INCAPACITY SHALL INCLUDE, BUT NOT LIMITED TO, ANY OR A COMBINATION OF THE FOLLOWING INDICATIONS: 1) VIOLENT BEHAVIOR OR GROSSLY ABUSIVE CONDUCT AGAINST THE OTHER SPOUSE'OR THEIR COMMON CHILD OR CHILDREN; 2) ABANDONMENT, PROTRACTED AND CONSTANT REFUSAL TO COHABIT OR TO HAVE SEXUAL INTERCOURSE WITH THE OTHER SPOUSE; 3) CONSTITUTIONAL LAZINESS OR INDOLENCE OR WILLFUL DEPRIVATION OF FINANCIAL, SPIRITUAL, MORAL AND EMOTIONAL SUPPORT TO THE OTHER SPOUSE AND CHILDREN WITHOUT JUSTIFIABLE CAUSE; 4) DRUG ADDICTION, HABITUAL ALCOHOLISM, COMPULSIVE GAMBLING, OR CRIMINALITY; 5) INVETERATE SEXUAL INFIDELITY, HOMOSEXUALITY IN MEN OR LESBIANISM IN WOMEN; 6) EXTREMELY LOW INTELLIGENCE OR IMMATURITY; 7) OTHER ANALOGOUS CIRCUMSTANCES SHOWING AN ADVERSE INTEGRAL ELEMENT IN THE PERSONALITY STRUCTURE THAT EFFECTIVELY INCAPACITATES ONE OR BOTH SPOUSES FROM COMPLYING WITH THE PROVISIONS OF ARTICLE 68-71 HEREOF. PSYCHOLOGICAL INCAPACITY SHALL BE CHARACTERIZED BY GRAVITY, ANTECEDENCE AND INCURABILITY ALTHOUGH SUCH INCAPACITY NEED NOT BE THE RESULT OF MENTAL ILLNESS. IN EVERY CASE FOR DECLARATION OF NULLITY OF MARRIAGE BASED IN PSYCHOLOGICAL INCAPACITY, ANY DOUBT SHALL BE RESOLVED IN FAVOR OF THE VALIDITY AND SANCTITY OF THE MARRIAGE.

Legal Separation and Divorce

SB 460 SECTION 1. Article 370 of R.A. is hereby amended to read as follows: "Article 370. A married woman may use: (1) HER MAIDEN FIRST NAME AND SURNAME, or (2) Her maiden first name and surname and add her husband's name (3) Her maiden first name and her husband's surname, or (4) Her husband's full name, but prefixing a word indicating that she is his wife, such as Mrs. SEC. 2. Article 372 of the same Act is hereby further amended to read as follows: . "Article 372. When legal separation has been granted, the wife MAY EITHER continue using her name and surname employed before the legal separation OR USE HER MAIDEN FIRST NAME AND SURNAME. SEC. 3. Article 63 of Executive Order No. 209, series of 1997 otherwise known as the Family Code of the Philippines is hereby amended by adding a new paragraph to be numbered as paragraph 5 and to read as follows: 1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall be severed; 2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of 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, subject to the provisions of Article 213 of this Code; and 4) The offending spouses shall be disqualified from inheriting from the innocent spouse made in the will of the innocent spouse shall be revoked by operation of law." . 5) THE WIFE SHALL HAVE THE OPTION TO CONTINUE USING HER NAME BEFORE THE LEGAL SEPARATION: OR HER MAIDENFIRST NAME AND SURNAME

SB 1052 SECTION 1. Article 26 of Executive Order No. 209 is hereby amended to read as follows: "Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse [capacitating him or her to remarry], the Filipino spouse shall have capacity to remarry under Philippine law."

FILIATION AND LEGITIMACY

SB 1499

SECTION 1. Executive Order Numbered Two-Hundred and Nine (E.O. 209), as amended, Article 174, paragraph 1, is hereby amended to read as follows: "Art. 174. Legitimate children shall have the right to: "(1) To bear the surname[s] of the father or the mother [in conformity with the provisions of the Civil Code on surnames;]. TO AVOID ANY CONFUSION ABOUT PATERNITY WHERE THE CHILD USES THE SURNAME OF THE MOTHER, THE FATHER SHALL GIVE HIS CONSENT THERETO IN THE CHILD'S RECORD OF BIRTH, A STATEMENT BEFORE A COURT OF RECORD, OR IN ANY AUTHENTIC WRITING. "

PROPERTY RELATIONS BETWEEN SPOUSES

SB 1098

SB 454

SB 480

SECTION 1. Article 75 of Title IV of the Family Code of the Philippines is hereby amended to read as follows: "Art. 75. -The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of marriage settlements, or when the regime agreed upon is void, the system of CONJUGAL PARTNERSHIP OF GAINS [absolute community of property] as established in this Code shall govern."

SECTION 1. The Family Code as amended, Article 73 is hereby amended to read as follows: "Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds. In case of disagreement, the court shall decide whether or not: (1) The objection is proper; and (2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the COMMUNITY PROPERTY. IF BENEFIT ACCRUED THEREAFTER, SUCH OBLIGATION SHALL BE ENFORCED AGAINST THE separate property of the spouse who has not obtained consent. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

SECTION 1. The Family Code, Article 111 is hereby amended to read as follows: "Art III. [A spouse of age] EITHER SPOUSE may mortgage, encumber alienate or otherwise dispose of his or her exclusive property [without the consent of the other spouse and appear alone in court to litigate with regard to the same.]