Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1045 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
EXPLANATORY NOTE 
Legal separation is governed by the Family Code of the Philippines, which 
allows the parties to formalize their separation and resolve issues. While the current 
provisions of the Family Code have been effective in addressing many matters 
related to legal separation, there is a need to amend the law to better protect victims 
of domestic violence and abuse. 
According to the Philippine Commission on Women (PCW), the current 
grounds for legal separation have failed to recognize the current realities of the 
victims, most of whom are subjected to other forms of violence not yet covered in the 
Family Code but defined in Republic Act No. 9262, also known as the Anti-Violence 
Against Women and Their Children Act of 2004.  
In the 2020 report of the  Philippine National Police (PNP), violence within 
the confines of marriage and inside the homes is evident. There were 54,824 cases of 
violence against women and children (VAWC) from January to November 2020, 86% 
were female victims, and 51% of the victims were married. Further, PCW reported 
that from January to September 2021, there were 27,696 cases of VAWC. Of these 
cases, 13,723 involved violence against women, and 8,010 were committed against 
children. While there was a decrease in reported cases due to the pandemic, the 
severity had increased, with more cases involving physical violence. 
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These numbers highlight the importance of ensuring that legal protections for 
the victims of domestic violence and abuse are comprehensive and effective. 
Therefore it is appropriate to include all forms of violence as grounds for legal 
separation. It would also help to ensure that perpetrators of violence are held 
accountable for their actions and that victims have legal recourse to seek redress and 
protection. 
These amendments to the Article 55 of the Family Code of the Philippines are 
essential to promoting the safety, security, and well-being of all Filipinos, and to 
upholding the principles of justice and equality in our society, especially those of 
Filipino women. 
JC M. ABALOS 
Representative 
4Ps Partylist 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1045 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
AN ACT TO INCLUDE ALL FORMS OF VIOLENCE DEFINED IN REPUBLIC 
ACT NO. 9262 AS GROUNDS FOR LEGAL SEPARATION, AMENDING FOR 
THE PURPOSE ARTICLE 55 OF THE FAMILY CODE OF THE PHILIPPINES  
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:​
SECTION 1. Article 55 (1) of the Family Code of the Philippines is hereby 
amended as follows: 
“Art. 55. A petition for legal separation may be filed on any of the 
following grounds: [Repeated physical violence or grossly abusive conduct] 
ANY PHYSICAL, SEXUAL, PSYCHOLOGICAL HARM OR SUFFERING, OR 
ECONOMIC ABUSE INCLUDING THREATS OF SUCH ACTS, BATTERY, 
ASSAULT, COERCION, HARASSMENT OR ARBITRARY DEPRIVATION OF 
LIBERTY directed against the petitioner, a common child, or a child of the 
petitioner; XXX" 
SEC. 2. Repealing Clause. – All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provision of this Act, are hereby 
repealed, amended, or modified accordingly. 
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SEC. 3. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.  
 
Approved, 
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