Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Honorable Ma. Alana Samantha Taliño Santos 
AN ACT AMENDING ARTICLE 55, SECTION 1 (1) OF THE FAMILY CODE OF THE 
PHILIPPINES AS ONE OF THE GROUNDS OF FOR LEGAL SEPARATION 
EXPLANATORY NOTE 
The sanctity of marriage is primarily anchored on the permanence and stability it provides to 
relationships and families; hence, most wedding vows state that only death should separate 
spouses. But under Philippine law, there are other ways by which marriage may be dissolved such 
as through legal separation.  
Under Article 55 of the Family Code, one of the grounds for legal separation pertains to “(1) 
Repeated physical violence or grossly abuse conduct directed against the petitioner, a common 
child, or a child of the petitioner”.1 As it stands now, the provision requires repeated physical 
violence or grossly abusive conduct in order to justify a legal separation. The violence must be 
repeated to the extent that life with the abuser (defendant) becomes challenging for the victim 
(petitioner).2 Likewise, it requires that the physical violence experienced must be of a serious 
degree but does not have to amount to an attempt against the life of the victim.3 
The Philippines is no exception to the increasing number of domestic violence covering all 
genders. In fact, a Philippine National Demographic and Health survey said in 2017 that one in 
four Filipino women aged 15-49 has experienced physical, emotional, or sexual abuse by their 
partner or husband.4 Apparently, authorities revealed that this statistic has risen since Covid-19 
lockdowns began.  
Time and again it must be emphasized that an abusive conduct is an abuse regardless of its 
severity.5 The enactment of this proposed amendment is a recognition of what is happening in 
reality amidst the vows and promises of each spouse during their marriage ceremony. It also 
conforms with the Philippines’ commitment to Article 2 of the Convention on the Elimination of 
All Forms of Discrimination Against Women (CEDAW) which calls upon the States Parties to 
condemn discrimination against women in all its forms and CEDAW General Recommendation 
1 Article 55, Family Code of the Philippines 
2 Arturo M. Tolentino, Commentaries and Jurisprudence on the Civil Code of the Philippines (Volume I, 1961) 
3 https://pcieerd.dost.gov.ph/images/gad_corner/law_on_gad/PCW-WPLA-Policy-Brief-7-Legal-Separation.pdf 
4 https://www.ucanews.com/news/domestic-violence-all-the-rage-in-philippine-lockdown/89821 
5 Ibid 
January 3, 2023
8:15 am
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No. 19 which prohibits not just gender-based discrimination but more specifically, gender-based 
violence. 6 
 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
 
 
HON. MA. ALANA SAMANTHA TALIÑO SANTOS 
Representative, 3rd District of Cotabato 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6 https://asiapacific.unwomen.org/en/countries/philippines/cedaw 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Honorable Ma. Alana Samantha Taliño Santos 
AN ACT AMENDING ARTICLE 55, SECTION 1 (1) OF THE FAMILY CODE OF THE 
PHILIPPINES AS ONE OF THE GROUNDS OF FOR LEGAL SEPARATION 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Grounds for Legal Separation — Article 55 of E.O. No. 209, otherwise known 
as “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) [Repeated physical] ANY FORM OF PHYSICAL AND/OR SEXUAL violence, or
[grossly] ABUSIVE CONDUCT directed against the petitioner, a common child, or a child of the 
petitioner; x x x 
Section 2. Repealing Clause. - All laws, decrees, orders, and issuances, or portions thereof, 
which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified 
accordingly. 
Section 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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