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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City
SEVENTEENTH CONGRESS
Second Regular Session
6027

HOUSE BILL NO.

Introduced by p
REPRESENTATIVES TEDDY BRAWNER BAGUILAT, JR., RODEL M.
BATOCABE, ARLENE D. BROSAS, ARIEL B. CASILAO, FRANCE L.
CASTRO, NANCY A. CATAMCO, PIA S, CAYETANO, EMMI A. DE
JESUS, SARAH JANE I. ELAGO, GWENDOLYN F. GARCIA, ANA
CRISTINA SIQUIAN GO, EDCEL C. LAGMAN, PANTALEON D.
ALVAREZ, ANTONIO L. TINIO, CARLOS ISAGANI T. ZARATE

AN ACT
PROVIDING FOR GROUNDS FOR THE
DISSOLUTION OF A MARRIAGE

EXPLANATORY NOTE

While Executive Order No. 209 or the Family Code of the Philippines
provides for grounds for the termination of marriage, this process of
annulment is extremely adversarial in nature and is very expensive. This
does not only escalate the conflict between the spouses but also affect
the well-being of their common child/ren.

This bill intends to ease the access to legal processes to terminate a
marriage while at the same time preserves the chance for a post-
marriage scenario that allows a peaceful and productive co-existence
between the former spouses which is beneficial to the family.

TEDDY BRAWNER BAGUILAT, JR. RODKL M. BATOCABE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

6027
HOUSE BILL NO.

Introduced by
REPRESENTATIVES TEDDY BRAWNER BAGUILAT, JR., RODEL M.
BATOCABE, ARLENE D. BROSAS, ARIEL B. CASILAO, FRANCE L.
CASTRO, NANCY A. CATAMCO, PIA S. CAYETANO, EMMI A. DE
JESUS, SARAH JANE I. ELAGO, GWENDOLYN F. GARCIA, ANA
CRISTINA SIQUIAN GO, EDCEL C. LAGMAN, PANTALEON D.
ALVAREZ, ANTONIO L, TINIO, CARLOS ISAGANI T. ZARATE,

AN ACT
PROVIDING FOR GROUNDS FOR THE
DISSOLUTION OF A MARRIAGE

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

SECTION 1. Dissolution of Marriage. - A marriage may be dissolved
based on irreconcilable differences, or severe and chronic unhappiness, of the
spouses which shall have caused the irreparable breakdown of the marriage.

A verified petition for dissolution of marriage on either of these bases
may be filed by one or both parties to a marriage together with a joint plan for
parenthood over their common children in cases of a joint petition. Said joint
plan must provide for the support, parental authority, custody, and living
arrangements of the common children. The court shall ensure its enforcement
and shall review the plan on an annual basis or as often as possible should the
need arise.

All creditors of the absolute community or of the conjugal partnership
of gains, as well as the personal creditors of the spouse, shall be listed in the
petition and notified of the filing thereof. The court shall take measures to
protect the creditors and other persons with pecuniary interest.


Should the court determine that there exists irreconcilable differences or
severe and chronic unhappiness, and in cases of a joint petition, where the
joint plan for parenthood is sufficient to protect the rights and interests of the
common children, the court shall grant the petition. And in the absence
thereof, the court shall determine the best parenthood plan that will protect
the rights and interests of the common children.

The continuation of the marriage despite the existence of the grounds
enumerated in the immediately preceding this Section shall be conclusively
presumed prejudicial to the welfare of the family and, most of all, the interest
of the children.

SEC. 2. Support and Custody over the Common Children. - In case of
dissolution of the marriage, matters relating to support of the common
children and the exercise of parental authority over them, which includes
custody, shall be based on the joint plan for parenthood unless the court, with
the best interest of the children in mind, deem it necessary to provide
otherwise.

SEC. 3. Termination of the Property Regime. - The termination of the
marriage shall result into the dissolution of the property regime through the
applicable process provided for in Executive Order No. 209, otherwise known
as the Family Code, as amended (hereinafter referred to as “the Family
Code”), depending on the property regime of the marriage.

Further, upon the finality of the dissolution of marriage, the obligation
of the persons formerly married to each other to mutually support each other
shall cease.

SEC. 4. Penalty Provision. - A spouse, who is a party to such joint
petition, who is found by the court to have used threats or coercion to compel
his or her spouse into filing the joint petition against his or her will, shall be
punished with imprisonment of not less than five (5) years and a fine not
exceeding two hundred thousand Pesos (Php 200,000.00).

SEC. 5. Separability Clause. - If any part of provision of this Act be
considered as invalid or unconstitutional, the remaining parts not affected
shall remain valid and in full effect.

SEC. 6. Repealing Clause, - All laws, decrees, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,