Republic of the Philippines a

HOUSE OF REPRESENTATIVES. oN
Quezon City mm
<2)
TWENTIETH CONGRESS , “
First Regular Session

House Bill No. 2752

Introduced by Representative Julius Cesar “Jay” V. Vergara

EXPLANATORY NOTE

This bill seeks to redefine the effects of legal separation, amending for the
purpose the Executive Order No. 209, Series of 1987, otherwise known as “The Family
Code of the Philippines.”

Legal separation is a legal remedy provided under the Family Code for married
couples who want to live apart without dissolving the marriage. This remedy grants
spouses the right to live separately from each other and be released from their marital
duties and obligations. It does not dissolve the marriage tie, but it separates the
property regime. There are ten grounds for legal separation, provided in Article 55 of
the Family Code. These are separate from the grounds for annulment and grounds
for the declaration of nullity of marriage.

Unlike in the annulment of marriage where the marriage bond is severed, in
legal separation, the spouses may live separately from cach other but not free to
contract subsequent marriages because the marriage bond is not severed.

There is a need to redefine the effects of legal separation. While the
Constitution recognizes marriage as the foundation of the family and the primary
institution of society, the reality, however, is that not all marriages are successful.
Many married individuals suffer domestic abuses committed by their spouses

Under the existing legal framework, individuals who obtained a decree of legal
separation are not allowed to remarry. When a decree of separation has been issued
and the marriage has been irretrievably broken, spouses live a separate and
independent life. All of them desire happiness and some of them wish to remarry.
Each one should have a chance at finding happiness and a peaceful life. It is unjust to
deny legally separated persons or victims of the grounds of legal separation a chance
to be legally married to another person and remain married to someone they are no
longer living with.


What is envisioned here is to give a second chance to married couples whose
marriage ties have been beset with insurmountable problems rendering their marital
life irreparably broken. Under this bill, spouses who obtain a decree of legal
separation may be allowed to remarry another person after a lapse of time, subject to
some conditions that will protect the rights of the common children and creditors who
might be affected by the remarriage.

This amendment will not only provide justice and fairness to affected
individuals but will also align our laws more closely with modern societal values and
the principles of human rights.

In view of the foregoing, approval of this bill is earnestly recommended.

“es

JULIUS CESAR “JAY” V. VERGARA
Third District of Nueva Ecija


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

TWENTIETH CONGRESS
First Regular Session

fc
House Bill No, 2752

Introduced by Representative Julius Cesar “Jay” V. Vergara

AN ACT
REDEFINING THE EFFECTS OF LEGAL SEPARATION, AMENDING FOR THE
PURPOSE THE EXECUTIVE ORDER NO. 209, SERIES OF 1987, AS AMENDED,
OTHERWISE KNOWN AS “THE FAMILY CODE OF THE PHILIPPINES”

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

Section 1. Article 63 of Executive Order No. 209, amending for the purpose the
Executive Order No. 209, Series of 1987, as amended, otherwise known as “The Family
Code of the Philippines” is amended to read as follows:

“Art. 63. 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;] AND AFTER
TWO (2) YEARS FROM THE DATE OF THE DECREE OF LEGAL
SEPARATION, MAY ENTER INTO A CONTRACT OF
MARRIAGE WITH ANOTHER PERSON AFTER COMPLYING
WITH THE CONDITIONS PROVIDED UNDER THIS CODE
AND SECURING THE LICENSE TO REMARRY.

“THE DECREE OF LEGAL SEPARATION IN SUCH CASE
SHALL PROVIDE FOR THE LIQUIDATION, PARTITION, AND
DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES, THE
CUSTODY, SUPPORT AND PRESUMPTIVE LEGITIMES OF
THE COMMON CHILDREN UNLESS SUCH MATTERS HAD
BEEN ADJUDICATED IN PREVIOUS JUDICIAL
PROCEEDINGS;

“(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 the net profits earned by the absolute

1


weruauEwn-

ul
12
13
14
15
16
7
18
19
20
2
2
2B
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
2
4B
44
45
46

community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);

“(3) IN THE LIQUIDATION OF ABSOLUTE
COMMUNITY OR CONJUGAL PARTNERSHIP, THE
PRESUMPTIVE LEGITIME OF THE COMMON CHILDREN
SHALL BE COMPUTED AT THE DATE OF THE FINALITY OF
THE DECREE OF LEGAL SEPARATION ISSUED BY THE
COURT AND ALL CREDITORS OF THE SPOUSES AND THE
ABSOLUTE COMMUNITY OR THE CONJUGAL
PARTNERSHIP SHALL BE NOTIFIED OF THE PROCEEDINGS
FOR LIQUIDATION;

“(4) IN ADDITION TO THE SHARE OF THE SPOUSES IN
THE ASSETS OF THE ABSOLUTE COMMUNITY OR THEIR
RESPECTIVE SHARE IN THE CONJUGAL PARTNERSHIP, THE
SPOUSE WHO IS NOT GAINFULLY EMPLOYED SHALL BE
ENTITLED TO SUPPORT FROM THE OTHER SPOUSE UNTIL
THE FORMER FINDS ADEQUATE EMPLOYMENT: PROVIDED,
THAT THE SUPPORT SHALL ONLY BE FOR ONE (1) YEAR
FROM THE FINALITY OF THE DECREE OF LEGAL
SEPARATION: PROVIDED, FURTHER, THAT THE RIGHT TO
SUPPORT SHALL BE SUBJECT TO THE PROVISIONS OF
ARTICLE 201 OF THIS CODE;

“([3]5) The custody of the minor child[zen] shall be [awarded

i | DECIDED BY THE COURT IN

ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD,
subject to the provisions of Article 213 of this Code; [and]

“(6) THE CHILDREN SHALL BE ENTITLED TO SUPPORT
IN ACCORDANCE WITH THE PROVISIONS OF TITLE VIII OF
THIS CODE ON SUPPORT;

“(7) ADOPTED CHILDREN AND _ CHILDREN
CONCEIVED OR BORN BEFORE THE ISSUANCE OF THE
ELIGIBILITY TO REMARRY SHALL BE CONSIDERED
LEGITIMATE CHILDREN OF THE SEPARATED SPOUSES;
AND

“({4]8) 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.”

Section 2. A new Article denominated as Article 67-A is inserted after Article
67 of the same code, to read as follows:


eI AaHVeENH

in
12
13
14
15
16
7
18

20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
4B
44
45
46
47
48

“ART. 67-A. ELIGIBILITY TO REMARRY. - FOR
PURPOSES OF CONTRACTING A SUBSEQUENT MARRIAGE,
THE SPOUSE MUST FILE A PETITION FOR THE ISSUANCE OF
THE CERTIFICATE OF ELIGIBILITY TO REMARRY WITH THE
COURT THAT ISSUED THE DECREE OF LEGAL SEPARATION
STATING THAT PETITIONER HAS BEEN SEPARATED FOR
AT LEAST TWO YEARS AND RECONCILIATION IS HIGHLY
IMPROBABLE.

“UPON THE FILING OF THE PROPER PETITION BY THE
SPOUSE WITH THE COURT, THE COURT MAY ISSUE A
(CERTIFICATE OF ELIGIBILITY TO REMARRY TO A LEGALLY
SEPARATED PERSON: PROVIDED, THAT THE PRESUMPTIVE
LEGITIMES OF THE COMMON CHILDREN WITH THE
SEPARATED SPOUSE HAVE BEEN DELIVERED, MEASURES
TO PROTECT THE CREDITORS OF THE SPOUSES HAVE BEEN
UNDERTAKEN, AND TWO YEARS HAVE ELAPSED FROM
THE ISSUANCE OF THE FINAL DECREE OF LEGAL
SEPARATION.

“THE PRESUMPTIVE LEGITIME OF THE COMMON
CHILDREN, COMPUTED AS OF THE DATE OF THE FINALITY
OF THE LEGAL SEPARATION SHALL BE DELIVERED TO
THEM BEFORE THE ISSUANCE OF THE CERTIFICATE OF
ELIGIBILITY TO REMARRY AND IN ACCORDANCE WITH
ARTICLE 51 OF THIS CODE. 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.

“UPON PROPER DETERMINATION BY THE COURT
THAT THE PRESUMPTIVE LEGITIMES OF THE COMMON
CHILDREN HAVE BEEEN DELIVERED AND MEASURES TO
PROTECT THE CREDITORS OF THE SPOUSES HAVE BEEN
UNDERTAKEN, AND TWO YEARS HAVE LAPSED FROM THE
ISSUANCE OF THE DECREE OF LEGAL SEPARATION, THE
COURT SHALL SEVER THE BOND OF MARRIAGE OF THE
LEGALLY SEPARATED SPOUSES AND ISSUE TO THE
SPOUSES THE CERTIFICATE OF ELIGIBILITY TO REMARRY.

“UPON THE ISSUANCE OF THE CERTIFICATE OF
ELIGIBILITY TO REMARRY THE SPOUSES MAY REMARRY
OR CONTRACT SUBSEQUENT MARRIAGE WITH ANOTHER
PERSON.


“THE FINAL DECREE OF LEGAL SEPARATION AND
THE CERTIFICATE OF ELIGIBILITY TO REMARRY MUST BE
REGISTERED WITH THE LOCAL CIVIL REGISTRY.”

Section 3. Spouses who obtained a decree of legal separation before the
passage of this Act may enter into a contract of marriage with another person after
complying with the conditions provided under this Act.

Section 4. If any part or provision of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in force
and effect.

Section 5. All laws, executive orders, issuances, presidential decrees, rules and
regulations or parts thereof inconsistent with or contrary to the provisions of this Act

are amended, modified or repealed accordingly.

Section 6. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,