NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
S. No. 719
Senate
of tl|f ©fcrctorj)
72 JUL 18 PI 58
RECEIVED BV'.
Introduced by Senator Grace Poe
AN ACT
AMENDING THE GROUNDS FOR LEGAL SEPARATION UNDER ARTICLE 55 
OF THE FAMILY CODE OF THE PHILIPPINES
EXPLANATORY NOTE
One of the commitments which the Philippines signed and ratified under the 
Convention on the Elimination of All Forms of Discrimination Against Women 
(CEDAW) is the legislation of appropriate measures to eliminate discrimination 
against women in all matters relating to marriage and family relations. Further, 
CEDAW General Recommendation No. 19 suggests that State Parties review their 
laws and policies relating to gender-based violence.
To this end, we seek to update the current enumeration of grounds for legal 
separation under Article 55 of the Family Code of the Philippines. As It stands now, 
the provision requires repeated physical violence or grossly abusive conduct in order 
to justify a legal separation. The wording Is problematic because (1) the physical 
violence must be repeated or the abusive conduct should be gross, putting the life of 
the victim at risk; and (2) it does not recognize sexual abuse which is what usually 
happens in the privacy of homes.
The seemingly innocuous wording of this ground has put undue burden on 
victim spouses who would have wanted to legally separate from their abusers but 
could not do so until they are physically and emotionally battered due to multiple 
instances of or the severity of the abuse.2 Why should we wait until abuse has 
become repetitive or gross? We should stop abuse at the first Instance and we 
should not allow abusers take refuge behind gaps in the law.
While the proposed amendment will apply to both spouses regardless of 
gender, the updating of the grounds for legal separation will undoubtedly benefit 
women more as they are more vulnerable to these kinds of abuse, especially at the
2Philippine Commission on Women, (n.d.). “Recognizing Sexual Abuse and Focusing on the Violence and 
Abusive Conduct as Grounds for Legal Separation”. Date accessed: 03 March 2022. Accessed from: 
https://pcw.gov.ph/assets/files/2019/10/PCW-WPLA-PB-04-Amending-the-Family-Code-Provision-on-Legal- 
Separation-AEB-l.pdf?x25110;


wake of the pandemic.3
In view of the foregoing, the immediate passage of this bill is earnestly
sought.
^ Jf GRACE FOE
/ T
3 Baron, Gabriela. (19 November 2021). “COVID-19 Pandemic Worsens Violence A.gainst Women, Girls— 
GABRIELA”. Manila Bulletin. Accessed from: https://mb.com.ph/2021/11/19/covid-19-pandemic-worsens- 
violence-against-women-girls-gabriela/


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
mi
!uate
of tl)r
‘TZ JUL18 PI 57
RECEIVED BY:
Introduced by Senator Grace Poe
AN ACT
AMENDING THE GROUNDS FOR LEGAL SEPARATION UNDER ARTICLE 55 OF 
THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Republic of 
the Philippines in Congress assembled:
Section 1. Article 55 of the Family Code of the Philippines is hereby amended to 
read as follows:
"Article 55. A petition for legal separation may be filed on any of 
the following grounds;
(1) [Repeal:cd] physical ALJD/OR SEXUAL violence, or [grossly] 
ABUSIVE CONDUCT directed against the petitioner, a 
common child, or a child of the petitioner;
X X X."
Sec. 2. Repealing Clause. - All laws, decrees, orders, and issuances, or portions
10 
thereof, which are inconsistent will the provisions of this Act, are hereby repealed,
11 
amended or modified accordingly.
12 
Sec. 3. Effectivity Clause. -This Act shall take effect fifteen (15) days after its
13 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,