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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.. 108

Introduced by 4Ps Partylist Representative
JCM. ABALOS

EXPLANATORY NOTE

Under the Family Code, there are three legal options for spouses who wish to
alter their marital status. First, there is Legal Separation, which permits spouses to
live apart, suspends marital obligations, prohibits remarriage, and may require the
guilty spouse to provide financial support to the other. Second, a Declaration of
Nullity, which assumes the marriage was void ab initio, leading the court to declare
its non-existence. Third, Annulment, which regards the marriage as defective yet
valid until annulled, resulting in the legal dissolution of the marriage and the
restoration of both parties to their single status.

In the context of divorce, a marriage is recognized as valid but is terminated.
The termination occurs not due to any defect or omission at the time of the marriage
ceremony, but rather as a result of circumstances that arise during the marriage itself
- which is a reality that most individuals often fail to acknowledge. Instances in
which couples encounter incompatibility or experience abuse early in marriage are
not uncommon, and regrettably, women have typically been the victims of these
situations.

According to a study, approximately 17.5% of Filipino women aged between
15 and 49 years have reported experiencing physical, sexual, or emotional abuse


from their intimate partners.’ Further, one in four Filipino women reports
experiencing gender-based violence, with at least 41% of these individuals choosing
not to seek assistance.” In some of these cases, the current legal options available do
not adequately address or provide suitable recourse for all such marital dysfunctions
and abuses.

Thus, this bill, which passed on third reading in the 19th Congress of the
House of Representatives, aims to reintroduce absolute divorce in the country. The
bill aims to provide spouses in irreparably broken marriages a legal avenue for
dissolution, thereby safeguarding children from marital strife and empowering
vulnerable spouses, particularly in abusive relationships, to rebuild their lives. This
bill also further delineates the specific grounds upon which divorce may be granted.

Legalizing divorce does not entail encouraging the dissolution of marriages or
challenging its sanctity. Instead, it ensures individuals have the freedom to have an
option and are granted the legal means to do so without obstruction. While it is
crucial to respect the diverse religious beliefs within the country, no individual
should be deprived of the option to divorce, especially in cases of abusive
relationships. For these individuals, divorce may be the only path to becoming
productive and happy members of society.

JC M. ABALOS

Representative
4Ps Partylist

* Alibudbud R, Smith A, Liebrenz M, et al. Reframing divorce as a mental health policy issue in the Philippines.
Lancet Psychiatry 2024; 11(4): 241-242.

? Valdez IKM, Arevalo MVPN, Robredo JPG,
‘Support. Lancet Reg Health West Pac 2022;

|. Violence against women in the Philippines: barriers to soaking
}00471.



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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1 08

Introduced by 4Ps Partylist Representative
JCM. ABALOS

AN ACT REINSTITUTING ABSOLUTE DIVORCE AS AN ALTERNATIVE
MODE FOR THE DISSOLUTION OF MARRIAGE

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

SECTION 1. Short Title. - This Act shall be known as the “Absolute Divorce
Act.”

SEC. 2. Declaration of Policy. - While the State continues to protect and
preserve marriage as a social institution and as the foundation of the family, it shall
also give the opportunity to spouses in irremediably failed marriages to secure an
absolute divorce decree as an alternative mode for the dissolution of an irreparably
broken or dysfunctional marriage under limited grounds and well-defined judicial
procedures; save the children from the pain, stress, and agony consequent to their
parents’ constant marital clashes or irreconcilable differences; and grant the divorced

spouses the right to marry again.

To this end, the State shall adopt a divorce policy in keeping with the
fundamental freedoms guaranteed under the Constitution, the rights guaranteed
under Republic Act No. 9710, otherwise known as “The Magna Carta of Women”,
the provisions of the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the Convention on the Elimination of All


Forms of Discrimination Against Women, the Convention on the Rights of the Child,
and other international human rights instruments of which the Philippines is a party.

SEC. 3. Guiding Principles. - The following shall be the guiding principles of
this Act:

(a) Absolute divorce shall be judicially decreed after the fact of an
irremediably broken marriage.

(b) The State shall assure that the court proceedings for the grant of
absolute divorce shall be affordable and expeditious.

(c) Concerned spouses shall have the option to file for absolute divorce
under this Act or seek legal separation, annulment of marriage or
nullification of marriage under the pertinent provisions of Executive
Order No. 209, otherwise known as the Family Code of the Philippines.

(d) The option of absolute divorce is pro-woman legislation because in
most cases, it is the wife who is entitled to a divorce as a liberation
from an abusive relationship and to help her regain dignity and
self-esteem.

(©) A sixty-day cooling-off period is instituted after the filing of a petition
for absolute divorce to ensure a final attempt at reconciliation of the
concerned spouses.

() A divorce decree shall include provisions for the care, custody, and
support of children, protection of their legitime, termination and
liquidation of the conjugal partnership of gains or the absolute
community, and alimony for the offended spouse.

(g) Even as absolute divorce is reinstituted, the State has the mandate of
strengthening marriage and family life by undertaking, among others,
relevant pre-nuptial and post-matrimonial programs and activities
adequately funded by the government.

SEC. 4, Definition of Terms. - As used in this Act:

(a) Abandonment refers to the act of a spouse leaving the conjugal home
without justifiable cause and with a deliberate intention of creating a
perpetual separation. The desertion amounts to an absolute cessation
of marital relations, rights and duties. The abandonment may also be
physical estrangement, or financial desertion;

(b) Absolute divorce refers to the judicial dissolution of a marriage or the
termination of the bond of matrimony where the spouses return to
their status of being single with the right to contract marriage again;


(©) Alcoholism refers to excessive consumption of alcoholic beverages at a
level that interferes with physical or mental health, and social, family,
or occupational responsibilities;

(a) Alimony refers to spousal support adjudged in the divorce decree by
the proper Family Court in favor of the offended spouse against the
offending spouse;

(e) Bigamous marriage refers to a second or subsequent marriage
contracted before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively dead by
means of a judgment rendered in the proper proceedings;

(f) Child refers to a common child of the spouses below eighteen (18)
years of age or older but is incapable of taking care of or protecting
oneself from abuse, neglect, cruelty, exploitation and/or discrimination
because of physical infirmity or mental disability, and shall include an
offspring by legal adoption or one whose custody and care is judicially
decreed to be given to a guardian. In the proper cases, a child also
refers to an offspring of one of the spouses;

(g) Child custody refers to the parental authority and care of a child as
decreed by a competent court when the parents of the child are
divorced;

(h) Child support refers to a method of compensating a parent needing
financial support for raising and sheltering a child or children by the
other parent who has the means to pay for the expenses associated
with child support. The proper Family Court shall determine the
amount of support, based on the financial capacity of the parent giving
support and the needs of the child or children requiring support
pursuant to the provisions of the Family Code of the Philippines;

(i) Chronic gambling refers to an impulse control disorder in which a
person makes habitual waging in games of chance which compromise,
disrupt or damage family, work and social relations, and vocational
pursuits;

Competent court refers to the proper Family Court established under
Republic Act No. 8369, or the “Family Courts Act of 1997”, which shall
exercise jurisdiction both over the absolute divorce proceeding and the
persons of the petitioner and respondent spouses;

s


(k) Court-assisted petitioner refers to a petitioner-spouse who has personal
and real properties collectively not exceeding Two million five hundred
thousand pesos (PhP2,500,000.00);

(1) Domestic or marital abuse refers to violence or aggressive behavior
within the home, typically involving the violent abuse of a spouse by
the other which may be committed through:

(1) physical violence;

(2) psychological and emotional violence;
(3) sexual violence; or

(4) economic abuse;

(m) Drug addiction refers to habitual dependence on a prohibited drug
or drugs;

(n) Irreconcilable differences refer to the substantial incompatibility of the
spouses due to their intransigence or fault by holding on to divergent
and divisive behavior resulting in the total breakdown of their
marriage which could not be repaired despite earnest efforts to
reconcile;

(0) Joint petition refers to the legal action filed by both spouses based on
the grounds subject to summary judicial proceedings under Section 11
of this Act;

(p) Legitime refers to the portion of a parent's estate from which they
cannot disinherit the children, without sufficient legal cause;

(q) Marital infidelity refers to the extramarital sexual relations of a spouse,
which shall include having or bearing a child with a third party;

(1) Offended spouse refers to the spouse who is aggrieved or innocent as
found by the proper Family Court;

(s) Offending spouse refers to the spouse found by the Family Court to
have 6 given the cause or reason for the divorce;

(t) Overseas Filipinos refer to Filipino migrant workers, other Filipino
nationals and their dependents abroad or as defined under Section 3 of
Republic Act No. 8042, as amended, otherwise known as the “Migrant
Workers and Overseas Filipinos Act of 1995”;


(u) Psychological incapacity refers to the condition provided for in Article
36 of the Family Code of the Philippines which warrants the
nullification of a marriage;

(v) Separation refers to the absolute cessation of marital relations, duties,
and rights, with the intention of perpetually living apart;

(w) Sex reassignment surgery refers to the procedure by which a person's
physical appearance and function of primary sex characteristics are
altered to resemble that of the identified or preferred gender;

(x) Summary judicial proceedings refer to an expeditious manner of
resolving a petition for divorce without regard to technical rules and
the petitioner is given the option to be assisted or not by a lawyer. The
proper Family Court may allow presentation of evidence ex parte as
warranted by circumstances. The decision shall be immediately final
and executory;

(y) Support refers to the amount indispensable for sustenance, shelter,
clothing, medical care, education, and other allied needs, consistent
with the financial 3 capacity and social standing of the family;

(z) Transgender refers to a person whose gender identity or expression
differs from what is typically associated with the sex at birth;

(aa) Transsexual refers to a person who emotionally and psychologically
feels that one belongs to the opposite sex, and who opts for a transition
from one sex to another through the use of hormones or surgical
procedure.

SEC. 5. Grounds for Absolute Divorce. - The following are the grounds for a
judicial decree of absolute divorce:
(a) The grounds for legal separation under Article 55 of the Family Code
of the Philippines, modified, as follows:
(1) 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 (6) years, even if pardoned;

(5) Drug addiction or habitual alcoholism or chronic gambling of
the respondent;

(6) Homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad;

(8) Marital infidelity or perversion or having a child with another
person other than one’s spouse during the marriage, except
when upon the mutual agreement of the spouses, a child is born
to them through in vitro fertilization or a similar procedure or
when the wife bears a child after being a victim of rape;

(9) Attempt by the respondent against the life of the petitioner, a
common child or a child of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable
cause for more than one (1) year.

When the spouses are legally separated by judicial decree for
more than two (2) years, either spouse can petition the proper Family
Court for an absolute divorce based on said judicial decree of legal
separation.

(b) Grounds for annulment of marriage under Article 45 of the Family
Code of 18 the Philippines, modified, as follows:

(1) The party in whose behalf it is sought to have the marriage
annulled was eighteen (18) years of age or over but below
twenty-one (21), 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 (21), such party freely cohabited
with the other and both lived together as husband and wife;

(2) Either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband
and wife;

(3) The consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting
the fraud, freely cohabited with the other as husband and wife;

(4) The consent of either party was obtained by force, intimidation
or undue influence, unless the same having disappeared or
ceased, such party thereafter freely cohabited with the other as
husband and wife;


(©) Either party was physically incapable of consummating the
marriage with the other, and such incapacity continues or
appears to be incurable; or

(6) Either party was afflicted with a sexually transmissible infection
found to be serious or appears to be incurable:

Provided, That the grounds mentioned in Subsection (b),
paragraphs 2, 5 and 6 herein existed either at the time of the marriage
or supervenes after the marriage;

(©) When the spouses have been separated in fact for at least five (5) years
at the time the petition for absolute divorce is filed, and reconciliation
is highly improbable;

(d) Psychological incapacity of either spouse as provided for in Article 36
of the Family Code of the Philippines, whether or not the incapacity
existed at the time of the marriage or supervenes after the marriage;

(©) When one of the spouses undergoes a sex reassignment surgery or
transitions from one sex to another, the other spouse is entitled to
petition for absolute divorce with the transgender or transsexual as
respondent, or vice versa;

(f) lrreconcilable differences as defined in Section 4. Definition of Terms,
Subsection (n); and

(g) Other forms of domestic or marital abuse as defined under Section 4.7
Definition of Terms, Subsection (1).

The grant of absolute divorce based on domestic or marital abuse or
violation of 9 Republic Act No. 9262, otherwise known as the “Anti-Violence
Against Women and Their 10 Children Act of 2004”, shall be without
prejudice to the prosecution of the offending or errant spouse under the said
Act.

SEC. 6. Civil Recognition of a Valid Foreign Divorce. ~ A valid foreign
divorce secured by either the alien or Filipino spouse has the effect of a divorce
under this Act without going through the judicial process. Said foreign divorce must
be authenticated by the Philippine Consul in or proximate to the foreign country
where it was secured, and subsequently registered with the proper Civil Registry
Office in the Philippines or the Office of the Philippine Consul abroad where the
Filipino spouse is residing.


SEC. 7. Valid Canonical or Church Dissolution, or Declaration of Nullity of
Marriage. - A marriage which is nullified or dissolved by the proper matrimonial
tribunal of the Roman Catholic Church or any other recognized religious sect or
denomination shall be granted civil recognition as if a divorce had been granted in
accordance with the provisions of this Act, without going through the judicial
process when it is authenticated by the proper authorities of the Roman Catholic
Church or any other recognized religious sect or denomination, and registered with
the proper Civil Registry Office in the Philippines.

SEC. 8. Prescription of Action. - A petition for absolute divorce shall be filed
with the proper Family Court by the petitioner or joint petitioners within ten (10)
years from the occurrence or discovery of the cause for divorce or from the effectivity
of the Absolute Divorce Act, whichever comes later.

SEC. 9. Procedure for Obtaining Absolute Divorce. - (a) The established and 8
recognized procedures for securing legal separation, annulment of marriage, and
nullification of marriage under the Family Code of the Philippines, as far as
practicable and not in conflict with this Act, shall govern the process of obtaining a
judicial decree of absolute divorce from the proper Family Court which shall be
commenced by the filing of a verified petition for absolute divorce by the
petitioner-spouse or joint petitioner spouses.

(b) The factors and grounds which militate against the grant of legal
separation, the annulment of marriage, and nullification of marriage as provided for
in the Family Code of the Philippines shall likewise be assessed, based on competent
and credible proof, against the grant of absolute divorce.

(©) When the application as a court-assisted petitioner is approved, the proper
Family Court shall waive the payment of filing fees and other costs of litigation, and
shall appoint a counsel de oficio for the court-assisted petitioner and assign such
number of social workers, psychologists, and psychiatrists, as may be necessary from
a pool of accredited social workers and practitioners recognized by the Department
of Social Welfare and Development (DSWD), to assist the said petitioner and the
court free of charge, and assist the children of the parties.

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

(€) No decree of absolute divorce shall be based upon a stipulation of facts or
a confession of judgment.


( Public prosecutors in provinces, cities and capital towns are mandated to
conduct investigations to find out whether or not there is collusion between the
spouses in a petition for absolute divorce or a spouse has coerced the other to file the
petition and shall report their findings to the proper Family Court within sixty (60)
days from the filing of the petition.

SEC. 10. Overseas Filipinos. - Petitioners who are overseas Filipinos shall be
given priority by the proper Family 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.

SEC. 11. Summary Judicial Proceedings. - The following grounds for absolute
divorce may be subject to summary judicial proceedings as defined in Section 4.
Definition of Terms, Subsection (x):

(a) When the spouses have been separated de facto for at least five (5)
years;

(b) When one of the spouses has contracted a bigamous marriage;

() When the spouses have been legally separated by judicial decree for at
least two (2) years;

(d) When one of the spouses has been sentenced to imprisonment for at
least six (6) years, even if subsequently pardoned; or

(@) When one of the spouses has undergone a sex reassignment surgery or
has transitioned into another sex.

A petition under this section may be filed individually or jointly by the
concerned spouses.

SEC. 12. Mandatory Sixty-Day Cooling-off Period. - Except for grounds under
summary judicial proceedings, the proper Family Court shall exercise all efforts to
reunite and reconcile the concerned spouses during the sixty-day cooling-off period
after the filing of the petition. Upon expiration of the cooling-off period without the
parties having reconciled, the court shall immediately commence trial and is
mandated to decide the petition within one (1) year after the lapse of the sixty-day
cooling-off period.

The requirement of a cooling-off period shall not apply in cases which involve
acts of violence against women and their children under Republic Act No. 9262 or
attempt against the life of the other spouse or a common child or a child of the
petitioner. The cooling-off period is not required for petitions under summary
judicial proceedings.

u


SEC. 13. Waiver of Expert Testimony. ~ Expert testimony shall be dispensed
with unless the proper Family Court decides that such testimony is indispensable in
deciding the petition for divorce.

SEC. 14. Effects of Absolute Divorce. ~ The decree of absolute divorce shall have
the following effects:
(a) The marriage is dissolved and the divorced spouses shall have the
right to contract marriage again;

(©) The custody of the minor children, and the visitation rights of the
spouse not granted primary custody, shall be decided by the proper
Family Court in accordance with the best interests of the children,
subject to the provisions of Article 213 of the Family Code of the
Philippines taking into primary consideration that no child under
seven (7) years of age shall be separated from the mother, unless the
proper court finds compelling reasons to order otherwise. When the
child is over the age of seven (7), the court may ask the child’s
preference with respect to parental custody and visitation unless such
preference will not be for the best interest of the child. In no case shall
child custody be given to the offending spouse when the grounds for
divorce fall under Section 5(a) (1), (2), (4), (5), (7), (8), (9), and (10) of
this Act;

Provided, That in a subsequent divorce of a previously divorced
spouse, the custody of children may be granted to the spouse with
lesser number of children, subject to the discretion of the Family Court;

(©) Unless otherwise agreed upon in a marriage settlement executed before
the celebration of the marriage, the conjugal partnership of gains or the
absolute community shall be dissolved and liquidated and the assets
shall be equally divided between the spouses excluding the
paraphernal or exclusive properties of either spouse, in accordance
with the Family Code of the Philippines. The recognition and delivery
of the presumptive legitime to the common children shall be ordered
by the court, taking into consideration the interests of the children and
the protection of their legitime from dissipation. The presumptive
legitime shall be computed as of the date of the finality of the decree of
absolute divorce. 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 registry of deeds,
otherwise the same shall not affect third persons;


(d) During the pendency of the divorce proceedings, the liabilities of the
spouses to creditors for family expenses shall remain solidary;

(e) In addition to the equal share in the assets of the absolute community
or conjugal partnership, the offended spouse who is not gainfully
employed shall be entitled to spousal support or alimony from the
offending spouse: Provided, That the support shall not exceed three (3)
years from the finality of the decree of absolute divorce and shall cease
when the offended spouse secures gainful employment or remarries:
Provided, further, That the right to support shall be subject to the
provisions of Article 201 of the Family Code of the Philippines where
the amount of support shall be in proportion to the resources or means
of the obligor and to the necessities of the obligee;

Provided, finally, That the three (3)-year support period may be
extended to a reasonable period of time by the Family Court when the
offended spouse entitled to support is a senior citizen, a person with
disability, or has limited educational attainment;

() The proper Family Court shall have the discretion to grant spousal
support or alimony, child support and child custody pursuant to the
pertinent provisions of the Family Code of the Philippines, and impose
contempt of court against the defaulting parties. The necessity of
alimony and the amount shall be determined by the court taking into
consideration all relevant factors;

(g) The offended spouse may revoke the donations made 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;

Donations by reason of marriage shall remain valid, except if the
donee is the offending spouse under any of the grounds under Section
5(a) of this Act. The revocation of the donations shall be recorded in the
registries of properties 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 registry of property
shall be respected. The revocation of or a change in the designation of
the insurance beneficiary shall take effect upon written notification
thereof to the beneficiary. The action to revoke the donation under this
provision must be brought within five (5) years from the time the
decree of absolute divorce has become final;


(h) The effects on the divorced spouses with respect to intestate succession,
testamentary dispositions, donations and insurance provisions on
beneficiaries in accordance with the Family Code of the Philippines
and jurisprudence shalll be observed;

(i) The legitimate and adopted children of divorced parents shall retain
their legal status and legitimacy; a child conceived or born within
three hundred (300) days after the filing of a petition for absolute
divorce shall be considered legitimate, unless the ground for divorce is
the marital infidelity of the wife; and

() After the filing of the petition for divorce, the spouses shall be entitled
to live separately. The court shall appoint a competent third party as
administrator to manage the absolute community or conjugal
partnership property during the pendency of the divorce proceedings
in order to prevent dissipation of the common properties. Prior to the
discharge of the administrator's functions and duties, the
administrator shall post a surety bond approved by the proper Family
Court. The administrator shall have the same powers and duties as
those of a guardian under the Rules of Court.

SEC. 15, Support for Children. - The proper Family Court shall provide for
child support pursuant to the pertinent provisions of the Family Code. The court
shall give the paramount consideration to the best interest of the children in
accordance with Article 194 of the Family Code of the Philippines.

In considering the award of support, the proper Family Court shall consider 6
relevant circumstances of the case, and of the parties. On application of either party,
the proper Family Court may order an increase or decrease in the amount of support
upon showing of a substantial and material change of circumstances.

In case the offending spouse is an overseas Filipino, a copy of the order to
grant spousal and child support shall be furnished to the Department of Migrant
Workers and the overseas Filipino’s employer for compliance.

SEC. 16. Custody and Support Pendente Lite. - During the pendency of the
petition and in the absence of adequate provisions in a written agreement between
the spouses, the court, upon application of the proper party, shall provide for
spousal support, and the custody and support of their common children. The court
shall give the paramount consideration to the best interest of the children, as well as
their choice of the parent with whom they wish to remain, in accordance with the


Family Code of the Philippines. It shall also provide the appropriate visitation rights
of the other parent.

SEC. 17. Award for Damages. - The proper Family Court may, as warranted by
evidence, award actual, moral, and exemplary damages as provided for under the
Civil Code of the Philippines to the offended spouse against the offending spouse.

SEC. 18. Conversion of Pending Petitions. - Parties who have pending petitions
under Articles 36, 45, and 55 of the Family Code of the Philippines may convert their
petitions to an action for absolute divorce under this Act without paying filing fees.

SEC. 19. Reconciliation During the Pendency of the Divorce Proceedings. ~ If the
spouses agree to reconcile during the pendency of the divorce proceedings or before
the finality of judgment of divorce, a corresponding joint manifestation under oath
duly signed by them shall be filed with the same court where the petition for
absolute divorce was filed.

Upon hearing of the joint manifestation and the court finds it in order, the
petition for divorce shall be dismissed.

SEC. 20. Reconciliation After the Finality of the Divorce Decree. - Even after the
divorce decree is final, the former spouses may agree to reconcile by filing a joint
manifestation before the proper Family Court which issued the divorce decree. Upon
hearing of the joint manifestation and the court finds it in order, the court shall
nullify the final decree of divorce and the parties shall live together without the need
of contracting a new marriage.

SEC. 21. Guidelines and Parameters for Reconciliation. - The following, shall be
the guidelines or parameters for reconciliation:
(a) Any reconciliation during the pendency of the divorce proceedings or
after the finality of the divorce decree shall protect the interests of the
concerned children;

(b) The proper Family Court shall exercise due discretion as warranted by
evidence which must protect the offended spouse or the children from
future or recurrence of violence from the offending spouse whether or
not to grant the joint manifestation of reconciliation in the following:

(1) Cases which involve acts of violence against women and their 4
children under R.A. No. 9262; and

(2) Cases on attempt against the life of the offended spouse, a
common 6 child, or a child of the offended spouse;

15


(©) When the decree of absolute divorce is nullified upon reconciliation of
the parties, the separation of property or any forfeiture of the share of
the offending spouse already effected shall subsist, unless the spouses

agree to revive their former property regime;

(d) The reconciling spouses shall also submit a plan of reconciliation under
oath which shall include the following:

(1) The properties to be contributed anew to the restored regime;

(2) The properties to be retained as separate properties of each
spouse;

(3) The names of all their known creditors, their addresses, and the
amounts owing to each;

(4) The joint manifestation and verified plan of reconciliation shall
be furnished to the creditors named therein;

(6) After due hearing, the court shall issue an order approving the
joint manifestation and plan of reconciliation which order shall
include the protection of the interest of creditors;

(6) The order shall be registered in the proper registry of deeds; and

(7) The recording of the order in the proper registry of deeds shall
not prejudice any creditor not listed or notified.

SEC. 22. Penalty. - A spouse who is a party to a petition for absolute divorce
and who is found by the court to have used threats or coercion to compel the other
spouse in filing the petition, and spouses who are guilty of collusion, shall be
punished with imprisonment of five (5) years and a fine of Three hundred thousand
pesos (PhP300,000.00).

Any offending spouse in default of providing the required spousal support or
alimony and child support under this Act shall be charged with contempt of court
and be imposed a fine of:

(a) Fifty thousand pesos (50,000.00) for the first default;

(b) One hundred thousand pesos (P100,000.00) for the second default; and

(©) Two hundred thousand pesos (P200,000.00) each for the third and the
succeeding defaults.

The offending spouse found guilty of indirect contempt of court shall be
punished with imprisonment thereupon until the obligation for spousal and/or
child support has been paid.

SEC. 23, Options. - The concerned spouse shall have the option to file a
petition for dissolution of marriage, annulment of marriage, or legal separation


under Articles 36, 45, and 55, respectively, of the Family Code of the Philippines or a
petition or joint petition for absolute divorce under this Act.

SEC. 24. Appeals. - Within fifteen (15) calendar days from receipt of the decree
of absolute divorce, any of the spouses may file an appeal with the Court of Appeals
under the pertinent provisions of the Rules of Court.

A motion for execution pending appeal may be issued by the Court of
Appeals upon application of the appellee. Moreover, the Court of Appeals may
dismiss an appeal forthwith once it finds the same frivolous.

SEC. 25. Community-Based Pre-Nuptial and Post-Matrimonial Programs and
Activities. - The National Government shall, through the DSWD, implement
community based pre-nuptial, reconciliatory phase or cooling-off counseling, and
post-matrimonial programs and activities aimed at strengthening the marital and
family life of Filipinos. These social welfare interventions, which will protect the
stability of Filipino families, shall be instituted by DSWD in provinces, cities and
clusters of municipalities in the entire country, while observing the local cultures and
customs that are prevalent in each locality.

SEC. 26. Community-Based Women’s Desk. - The frontline desk in every
barangay established under Republic Act No. 9710 shall be readily available and
easily accessible to provide support and assistance to victims, especially women, of
all forms of abuse and acts of violence identified under the said Act and those
provided for under Republic Act No. 9262.

SEC. 27. Attorney's Fees. - Subject to the plenary authority of the Supreme
Court to regulate the practice of law, in petitions with no court-assisted petitioner,
the attorney's fees, inclusive of acceptance fee, appearance fees, and success fee, shall
not exceed Fifty thousand pesos (P50,000) for the entire proceedings. However, the
petitioner and counsel can mutually agree on a higher rate of attorney's fees.

SEC. 28. Creation of More Positions of Public Attorneys and Family Courts. - The
Department of Justice is authorized to create the necessary additional positions for
public attorneys under the Public Attorney’s Office to advocate for court-assisted
petitioners.

In the discretion of the Supreme Court, more Family Courts may be created to
adjudicate petitions for absolute divorce.

SEC. 29. Congressional Oversight Committee on the Absolute Divorce Act. - There

is hereby created a Congressional Oversight Committee (COC) composed of five (5)
members each from the Senate and the House of Representatives. The members from

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the Senate and the House of Representatives shall be appointed by the Senate
President and the Speaker, respectively, with at least one (1) member representing
the Minority.

The COC shall be headed by the respective Chairs of the Committee on
Health and Demography of the Senate and the Committee on Population and Family
Relations of the House of Representatives. The Secretariat of the COC shall come
from the existing Secretariat personnel of the Senate and the House of
Representatives committees concerned. The COC shall monitor and ensure the
effective implementation of this Act, recommend the necessary remedial legislation
or administrative measures, and shall conduct a review of this Act every five (5)
years from its effectivity. The COC shall perform such other duties and functions as
may be necessary to attain the objectives of this Act.

SEC. 30. Appropriations. - The amount necessary for the initial implementation
of this Act shall be sourced from the savings of the DSWD for the current fiscal year,
and the subsequent amounts necessary for the full implementation of this Act shall
be included in the subsequent annual General Appropriations Acts.

SEC. 31. Implementing Rules and Regulations. - The DSWD shall, as lead
agency, together with the Department of Justice, the Philippine Commission on
Women (PCW), and the National Youth Commission (NYC), in consultation with at
least two (2) representatives from women’s organizations with proven track record
in women and gender rights advocacy to be identified by the PCW, and two (2)
representatives from children’s organizations with proven track record in child
rights advocacy to be identified by the NYC, promulgate the implementing rules and
regulations within sixty (60) days after the effectivity of this Act.

SEC. 32. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall remain in
force and effect.

SEC. 33. Repealing Clause. - All laws, executive orders, issuances, decrees,
rules and regulations inconsistent with or contrary to the provisions of this Act are

deemed amended, modified or repealed accordingly.
SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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