REC.

‘ %
EIVED

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

EIGHTEENTH CONGRESS
First Regular Session

838

HOUSE BILL NO.

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

Underpinning this proposal is a commitment to the policy of the State to protect and strengthen marriage and
family as basic social institutions, to value the dignity of every human person, to guarantee full respect for
human rights, and to ensure the fundamental equality before the law of women and men.

In the Filipino culture, marriage is regarded as a sacred union, and the family founded on marriage is considered
as a fount of love, protection and care. Philippine society generally frowns upon and discourages marital break
Ups and so provides cultural and legal safeguards to preserve marital relations. Cultural prescriptions and
religious norms keep many couples together despite the breakdown of the marriage. But the cultural
Prescriptions for women and men differ. Women are traditionally regarded as primarily responsible for making
the marriage work and are expected to sacrifice everything to preserve the marriage and the solidarity of the
family. While absolute fidelity is demanded of wives, men are granted sexual license to have affairs outside
marriage. Yet when marriage fails, the woman is blamed for its failure

Really tells us that there are many failed, unhappy marriages across all Filipino classes. Many couples
especially from the marginalized sectors, who have no access to the courts simply end up separating without
the benefit of legal processes. The sheer number of petitions that have been filed since 1988 forthe declaration
of the nullity of the marriage of the marriage under Article 36, of the Family Code (commonly known as
‘annulment) shows that there are just too many couples who are desperate to get out of failed marriages

Even when couples start out well in their marriage, political, economic and social realities take their toll on their
relationship. Some are not prepared to handle the intricacies of the marred life. For a large number of women,
the inequalities and violence in marriage negate its ideals as the embodiment of love, care and safety and erode
the bases upon which a marriage is founded. The marital relations facilitate the commission of violence and
Perpetuate their oppression. Official figures show that 14.4 % of married women experience physical violence
and 23 % experience emotional violence from their husbands. According to the Philippine National Police, within
the context of rising VAW incidence through 2004 to 2012, physica injuries account for 21 9

Since the ratification of the Phitppine Constitution in 1987, many things beyond the control of spouses did
happen to our society that put tremendous pressure on the stability of Filipino families. Our government has
intensified its labor export program, tearing hundreds of thousands of families apart and forcing couples to

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make-do with long-distance relationships, aggravating their vulnerabilties to extra-marital indiscretions and
resulting in rising incidences of OFWs seeking annulment of their marriages. Moreover, as a result of one
eonomic crisis after another, with endless increases in the prices of basic commodities and attended by the
government's abandonment ofthe state responsibilty to provide essential social services, husbands and wives
are both forced to hook on to multiple odd-jobs and do extra work hours for augmenting their devalued income,
thereby reducing the quality me necessary to nourish family relationships, The interconnectivity brought about
by advances in modern transportation and information technology has also increased the number of mixed
marriages among Filipinos, exposing them to foreign family cultures that often grate against their martiages

‘These social forces constitute a veritable assault onthe Filpino family, shoving upwards the number of couples
looking for an ‘escape hatch’ from their troubled marriages other than those already provided by our mariage
laws. Thus, according to the Department of Justice, petitions fornulity and annulment have significantly risen —
more than doubled - in the last ten years, from 4,520 in 2001 to 10,528 in 2011. If the 2011 figure is to be
broken down, this means 29.6 petitions aday. Interestingly, the figure refers only to annulment and dectaration
of nullity cases invoking the grounds of psychological incapacity and inherent defects in the validity of the
marriage. It does not include legal Separation and annulment based on other grounds such as presumptive
death (ead: abandonment. It also does not include marital dissolution cases based on petitions for judicial
Fecognition of divorce decrees obtained in foreign forums which constitute 47 % of the total marital dissolution
cases handled by our courts, suggesting ofa growing number of aggrieved parties who are using foreign jucicial
systems to skirt around the absence of divorce law in the country.

Given these reales, couples must have the option to avail of remedies that will pave the way for the attainment
of ther full human development and sel-ufllment and the protection of their human rights Existing laws are
nol enough to guarantee and protect these rights. To quote the Women’s Legal Bureau, Inc., a legal resource
NGO for women:

‘The present laws relating to separation of couples and termination of marriage are inadequate to
respond to the myriad causes of failed marriages. Particularly, the remedies of declaration of null and
annulment do not cover the problems that occur during the existence of marriage. Legal separation, on
‘he other hand, while covering problems during marriage, does not put an end to marriage.’

‘Though both divorce and a declaration of nullity of a marriage allow the spouses fo remany, the two
remedies differ in concept and basis. A declaration of nulity presupposes that the marriage is void from
the beginning and the court declares its non-existence... Beyond [the] grounds speciid fn the law,
declaration of nulity is not possible.’ :

‘in annulment, the marriage of the parties is declared defective from the beginning, albeit it is
considered valid until annulled. The defect can be used to nullify the marriage within a specified period
but the same maybe ignored and the marriage becomes perfectly valid after the lapse of that period, or
the defect maybe cured through some act. The defect relates to the time of the celebration of the
‘marriage and has nothing to do with circumstances occurring after the marriage is celebrated. In
annulment, the marriage is legally cancelled, and the man and woman are restored to their single
status.’ 2 ,

‘Since August 3, 1988, couples have been given a way out of failed marriages through Article 36... The
remedy provided under Article 36 is declaration of nulity of the marriage. The article voids a marriage
where one party is ‘psycfologicelly incapacitated’ to comply with the essentials of marital obligations.
Consistent with the concept of void marriages (where the remedy is declaration of nullity), the law
requires that the incapacity must have existed at the time of the celebration of the marriage...In

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Practioe, Article 36 has become a form of divorce, as valid marriages are declared void every day inthe
guise of ‘psychological incapacity: The innumerable Aicle 36 cases brought to tril courts are an
indication ofthe elasticity of Article 36 to accommodate the needs of many couples desiring to temminate
their marriages. It is proof that divorce is needed in the Philppines. Article 36 provides a remedy only
for spouses who can prove ‘psychological incapacity. The concept certainly cannot accommodete a!
ases where divorce would be necessary. What we need is a lvorce law that defines clearly and
unequivocally the grounds and terms for terminating a marriage. That law will put an end to the creative
efforts played daily in courtrooms across the country to accommodate a wide range of cases in order fo
pian, Psychological incapacity’ (Women's Legal Bureau, The Relevance of Divorce in the Philippines,
1998).

Thus, this bill seeks to introduce divorce as another option for couples in failed and irreparable marriages.

Historical, divorce had been part of the legal system. Inthe beginning ofthe 16" century, before the Spanish
Colonial rule, absolute divorce was widely practiced among ancestral tribes such as the Tagbanwas of Palawan,
jhe Gadangs of Nueva Vizcaya, the Sagadas and Igoros of the cordileras, and the Manobos, Blaans an

(under Executive Order No. 141) and after, until 1950. it was only on August 30, 1950, when the New Chil code
took effec, that divorce was disallowed under Philippine law. Only legal separation was avaiable, The same
Tule was adopted by the Family code of 1988, which replaced the provisions ofthe New Cl code on marriage
and the family, although the Family Code introduced the concept of ‘psychological incapacity’ sa basis or
declaring the marriage void

[n recognition ofthe history of divorce in the Philippines, the framers ofthe 1987 Constitution left the wisdom of
legalizing divorce to Congress. Thus, the 1967 Constitution does not prohibit the legalization of divorce

Given the country's history, the bill seeks to restore divorce as a rights-based option for majority of Filipinos, an
cpton based on the recognition that the right to enter into a marriage contract has the coresponding spousal
fight to end such contract when it has reached the point of iteparabilty. The fling ofthis bil is anchored on
strong sense of confidence that it will be used responsibly by Flpino couples. This confidence stems from the
experiences of Filipino famlies that show that separation is usually the last resort of many Filpino couples
whose marriage has failed. Cases of battered women also support this. Battered women invariably seek
feparation only after so many years of tying to make the marriage work; separation only becomes imperative
for them when they realize that it is necessary for their and their children's survival Divoree. could actually
brovide protection to battered women and their children from further violence and abuse. With the predominance
of the Catholic faith in the Philippines, the fear that divorce wil efode personal values on marriage appears
unfounded. The experience of Italy, where the Vatican is located, and Spain, two predominantly Catholic
Countries which practice divorce supports this. Historically, those countries have a low rate of divorce. Htaly has a
divorce rate of 181 per 1000 married population while the divorce rate in Spain had experienced a decine since
2007

This bil is respectful of and sensitive to differing religious beliefs in the Philippines, It recognizes that the
Plurality of religious beliefs and cultural sensibilities in the Philippines demand that different remedies for failed
marriages should be made available. For this reason, the bill retaing’the existing remedies of legal separation,
declaration of nulity of the marriage, and annulment and only adds divorce as one more remedy. Couples may
choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs, and
emotional state. While divorce under this proposed measure severs the bond of ‘marriage, divorce as a remedy
need not be for the purpose of remarriage; it may be resorted to by individuals to achieve peace of mind and
facilitate their pursuit of full human development. This bill also seeks to make Philippine law consistent with the


way it treats religious beliefs with respect to termination of marriage. Philippine law through the Code of Muslim
Personal Laws ofthe Philippines (Presidential Decree No. 1963 [1977)) allows divorce among Filipino Muslims,
in deference to the Islamic faith which recognizes divorce. Non-Muslim Filipinos should have the same option
under Philippine law, in accordance with their religious beliefs.

This bil, which was first filed in 2005 under the 13° Congress, was crafted in consultation with women lawyers
and inspired by the studies and inputs of various women's groups, pro-divorce advocates who have organized
themselves through the social media, and the experiences of spouses gathered by GABRIELA and Gabriela
Women's Party from its various chapters nationwide. It was subsequently re-filed in the 14", 15%, 16° and 17"
Congresses. In the 17 Congress, a thorough deliberation of several versions filed resulted in a consolidated
version that was eventually passed in the Lower House on Third Reading but failed to advance in the Senate

This bill reflects the consolidated version with some additions such as the Tecognition of a divorce decree
obtained abroad, and additional grounds for annulment which can also be considered as grounds for obtaining a
divorce decree. sos

This bill proposes the following grounds for granting ofa judicial decree of divorce, premised on the irreparable
breakdown ofthe marriage-and the total non-performance of marital obligations:

1. The existing grounds for legal separation under Article 55 of the Family Code of the Philippines, modified to
include, among others: serious physical or sexual violence to highlight not just the number of times the violence
was inflicted, the severity or gravity of violence committed; chronic gambling; and bisexuality;

2. When the spouses are legally separated by judicial decree for more than two (2) years;

3. Grounds for annulment of marriage under Article 45 of the Family Code of the Philippines, which are restated
as follows:

(1) The party in whose behalf itis 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;

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;

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:
(5) Either party was physically incapable of consummating the marriage with the other, and such
incapacity continues or appears to be incurable;
(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 numbers 2, 5 and 6 may either be existing at the time of the

marriage or supervening after the marriage;

Q)

(4

4. When the spouses have been separated in fact for at least five (5) years atthe ime the petition
for absolute divorce is fled, and reconciliation is highly improbable;


Ih view of the foregoing, the passage of this billis eamestly sought.

Gabriela Women’s Party

oval
EUREMIA C. CULLAMAT DINAND R. GAITE T. ZARATE
Bayan Muna Partylist Bayan Muna Partylist Bayan Muna Partylist


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

EIGHTEENTH CONGRESS
First Regular Session

838

HOUSE BILL NO.

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |, ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

‘AN ACT INTRODUCING DIVORCE IN THE PHILIPPINES

Be it enacted by the House of Representatives and the Senate of the Congress ofthe Philpines in
session assembled:

SECTION 1. Short Title. - This Act shall be known as the “Philippine Divorce Act of 2019."

SEC. 2. Declaration of Policy. — While the State continues to protect and preserve mariage as a social
institution and as the foundation of the family, it gives the opportunity fo spouses in iremediably faled mariages
'0 secure an absolute divorce decree under limited grounds and well-defined judicial procedures to terminate a
continuing dysfunction of @ long broken marriage; save the children from the pain, stress, and agony
consequent to their parents’ constant marital clashes; and grant the divorced spouses the right to marry again
for another chance to achieve marital bliss.

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

ff Absolute divorce shall be judicially decreed after the fact of an iremediably broken marital
union or a marriage vitiated from the start

2. The State shall assure that the court proceedings for the grant of absolute divorce shall be
affordable and inexpensive, particularly for court assisted itigants or petitioners.

Concemed spouses have the option to file for a'solute divorce under this Act or seek legal
Separation, annulment of marriage or nulification of marriage under the pertinent provisions of Executive Order
No, 209 otherwise known as the Family Code of the Philippines,

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

5. A six-month cooling-off period is instituted after the filing of a petition for absolute divorce as a
final attempt of reconciling the concerned ‘spouses, .

6. A divorce decree shall include provisions for the care and custody of children, protection of their
legiime, termination and liquidation ofthe conjugal partnership of gains or the absolute community, and alimony
for the petitioner.

7. Even as absoluté divorce is instituted, the State has the role of strengthening marriage and
family life by undertaking relevant pre-nuptial and post-matrimonial programs and activities


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

3) _Abandonment refers to the departure of a husband or wife from 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;

b) Absolute divorce refers to the separation between married couples that is total and final where
the husband and wife retum to their status of being single withthe right to contract marriage again;

¢) Alcoholism refers to an abuse or a disease characterized by addiction to intoxicating alcohol
Arinks, offen resulting in impaired social functioning and in damage to the liver, heart and nervous system;

@) ___ Alimony refers to an allowance for support made under court order to a divorced person by the
former spouse, usually the main financial provider during the marriage;

®) __Bigamous marriage refers to the second marriage contracted with a wilful knowledge by the
offender that the first marriage is still subsisting and the marital ties undissolved:

{) Child refers to a descendant ofthe fist degree by birth, and shall include an offspring by legal
‘adoption or one whose custody and care is judicially decreed to be given to a guardian;

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

h) Child support refers to a method of compensating a parent needing monies for raising and
Sheltering @ child by the other parent who has the-means.to.manage the expenses associated with child
Support. A court of law usually determines the payments, based on the income level ofthe otfier parent and the
needs of the child, Stif fines and even contempt of court shall be imposed against a defaulting parent

i). , ironic gambling refers to a disorder of impulse control in which a person makes wagers of
Various types 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 8369 which
Shall exercise jurisdiction both over the absolute divorce proceeding and the persons of the petitioner and
respondent spouses;

") Court assisted petitioner or petitioners refer to those who have personal or real properties not
exceeding a total of Five milion pesos (PhP5,000,000.00);

)) Domestic or marital abuse refers to violence or aggressive behavior within the home, typiclly
involving the violent abuse of a spouse by the other. It may be committed in the form of:

(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;

1) Homosexual refers to a person who is attracted to persons of the same sex:

0) __ Insanity refers to a condition or “a manifestation in language or in conduct of a disease or defect
Of the brain, a more or less permanent disease or disorder condition ofthe mentalty, functional or organic, and
characterized by perversion, inhibition, or disordered function of the sensory or of the intellectual faculties, or by
impaired or disordered volition";

) ___Itreconcilable differences refer to the existence of overriding confcts between a married couple
that are so pronounced and beyond repair as to make the marriage unworkable, and for which the law permits a
divorce;

9) Joint petition refers to the legal action fled by both spouses, before the Family Court for the
dissolution oftheir marriage based on any of the grounds for absolute divorce provided for in this Act.

1) __Legitime refers to the portion of a parent's estate of,which they cannot disinherit the children,
without a legal cause;

s) Marital infidelity refers to the unfaithfulness of a spouse during the marriage;

') Overseas Filipino Worker or OFW refers to a citizen of the Philippines who is living and working
in a foreign country, typically on afemporary basis with a work contract;

¥) 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;

Y) 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 ofthe identified or preferred gender;

W)__ 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 court may allow presentation of evidence ex parte as warranted by circumstances. The decision shall be
immediately final and executory;

x) Transgender refers to those whose gender identity or expression differs from what is typicelly
associated with the sex assigned at birth;

y) __ Transsexual refers to a person who emotionally and psychologically feels that one belongs to
the opposite sex, and who opt fora 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 65-of the Family Code of the Philippines,
modified or amended, as follows:

i. Serious physical or sexual violence, repeated physical or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner,

ii, Physical violence or moral pressure to compel the petitioner to change religious or politcal
affiliation;

iil, 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;

iv. Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned;

v. _ Drug addiction or habitual alcoholism or chronic gambling of the respondent;

vi. Homosexuality or bisexuality of the respondent;

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

vil 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 by in vitro or a similar procedure or when the wife bears a child after being a victim of

rape;
ix. Attempt by the respondent against the life of the petitioner, a common child or a child of the
petitioner;
x. Abandonment of petitioner by respondent without justifiable cause for more than one year:

When the spouses are legally separated by judicial decree for more than two (2) years, ether or both
Spouses can petition the proper 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 the Philippines,
which are restated as follows: .

(7) 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 attaihing the age of twenty-one (21), such party freely cohabited with the other and
both lived together as husband and wife;

(8) Either party was of unsound mind, unless such party after coming to reason, freely cohabited

9


with the other as husband and wife;

(9) 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;

(10) 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;

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

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

Provided, That the grounds mentioned in numbers 2, 5 and 6 may either be existing atthe time of the
marriage or supervening after the marriage.

<) gen the spouses have been separated in fact for atleast five (5) years at the time the petition
for absolute divorce is filed, and reconciliation is highly improbable.

4) -P8¥Chological incapacity of either spouse as provided for in Article 36 ofthe Family Code of the
Prilippines, whether or not the incapacity was present atthe time ofthe celebration ofthe marriage or later.

®) ___ When one of the spouses undergoes a gender reassignment surgery or transions from one
Sex to another, the other spouse is entitled to petition for absolute divorce withthe transgender or transsexual
‘as respondent, or vice versa,

f) ___Irreconcilable marital differences and conficts which have resulted in the total breakdown of the
marriage beyond repair, despite eamest and repeated efforts at reconciliation, shal entitle either spouse or both
spouses to petition for absolute divorce.

8) __ When a decree of divorce has been validly obtained abroad, the same shall be recognized in
this country after a determination by a Philippine cout that the divorce was based on a ground fang under
Section 5 (a to of this Act.

SEC. 6. Procedure for Obtaining Absolute Divorce. - (a) The established and recognized procedures for
Securing legal separation, annulment of marriage and voiding of a mariage under the Family Code of the
Philippines, as far as practicable, shall govern the process of obtaining a judicial decree of absolute divorce from
the proper family court which shall be commenced by the peitioner or joint petitioner fling a verified petition for
absolute divorce.

(b) The factors and grounds which militate against the grant of legal separation and the annulment and
nullification of marriages 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.

(c) Upon application of a court-assisted petitioner or petitioners, the proper court shall waive the
Payment of fling fees and other costs of litigation, and shall appoint a counsel de oficio for the court assisted
petttoner or petitioners and assign social workers, psychologists, and psychiatrists, preferably from appropriate
government agencies, to assist the said petitioner and the court

(d) A petition for absolute divorce may be filed jointy by the spouses on the grounds of de facto
Separation for five (6) years, legally separated by judicial declaration or atleast two (2) years, or ireconclable
differences or other grounds for absolute divorce provided for inthis Act.

A joint petition filed by both spouses with common children should be accompanied by a joint plan for

Parenthood which provides for thé suppor, parental authority, custody, and lving arrangements of the common
children. (

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lf the court determines that the joint plan for parenthood is adequate to protect the rights and interests of
the common children, the court shall approve the joint plan for parenthood together with the grant of a divorce
decree if warranted.

The court shall ensure the enforcement of the joint plan for parenthood and may require the spouses to
submit periodic reports on its implementation subject to the validation of cours social worker or by the local
social welfare officer.

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

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

(g) The Office of the Public Prosecutor in provinces, cities and capital towns is authorized and obliged to
Conduct investigations to find out whether or not there is collusion between the spouses in a petition for absolute
divorce and shall report its findings to'the proper court within six (8) months from the filing of the petition.

SEC. 7. Overseas Filipino Workers (OFWs). ~ Petitioners who are OFWs shall be given preference by
the proper court with respect to the hearing of their petitions and the court shall set the reception of evidence,
upon the availabilty of the petitioners, for not more than two (2) consecutive days.

SEC. 8. Summary Judicial Proceedings. - The following grounds for absolute divorce may be subject to
summary judicial proceeding as defined above:

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

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

(c) When the spouses have been legally separated by judicial decree for two (2) years or more;

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

(©) When one of the spouses has undergone a sex reassignment surgery or has transitioned into
another sex; and

(f) When both spouses have filed a joint pettion for the dissolution of their marriage before the proper
family court based on any of the grounds provided for in this Act.

(g) When a decree of divorce has been validly obtained abroad on a ground falling under Section 5 (a
tof) of this Act

SEC. 9, Mandatory six-month cooling-off period. - Except for grounds under summary judicial
proceedings, the proper court shall not start the trial of a petition for‘absolute divorce before the expiration of a
six-month cooling-off period after the filing of the petition during which the court shall exercise all efforts to
reunite and reconcile the parties.

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 ofthe other spouse or
acommon child or a child of the petitioner.

SEC. 10. Effects of Absolute Divorce. - The decree of pbsolute divorce shall have the following
effects.

a) The marriage bonds shall be severed and the divorced spouses shall have the right to contract
marriage again, either by civil or religious. ceremony.

b) The custody of the minor children shall be decided by the proper 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

1


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.

©) ____ [he Conjugal partnership of gains or the absolute community shall be dissolved and liquidated
and the assets shall be equally divided between the spouses. The recognition and delivery of the presumptive
legitime of the common children shall be at the option of both spouses. The presumptive legitme shall be
Computed as of the date of the finality of the decree of absolute divorce. The partition and distribution of the
Properties ofthe spouses and the delivery of the children's presumptive lege upon the option of the spouses
Shall be recorded in the appropriate civil registry and registries of property, otherwise the same shall not affect
third persons.

) ___In addition to the equal share in the assets of the absolute community or conjugal partnership,
the pettioner who is not gainfully employed shall be ented fo support from the respondent unti the petoner
finds adequate employment: Provided, That the support shall only be for one (1) year from the finality of the
decree of absolute divorce; Provided, Further, That the right to support shall be subject to the provisions of
Alcle 201 of the Family Code of the Phiippines where the amount of support shall be in proportion to the
esources or means of the giver and fo the necessities of the recipient

©) ___ Actual, moral and exemplary damages shall be awarded to the aggrieved spouse in accordance
with the provisions of the Civil Code on damages.

f) The proper court shall have the discretion to. grant alimony, child’ support-and-chld-custedy
Pursuant fo the pertinent provisions of the Family Code of the Philippines, and impose contempt of court against
the defauting partes. The pettioner may opt fora one-time or periodic alimony. The necessity of alimony and
the amount shall be determined by the court taking into consideration all relevant factors,

9) ___ The petitioner may revoke the donations made in favor of the respondent, as well as the
designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as
irrevocable. The revocation of the donations shall be recorded in the registries of properties in the places where
the properties are located. Alienatons, liens and encumbrances registered in good faith before the recording of
the complaint for revocation in the registy of property shall be respected. The revocation of or a change in he
designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this provision must be brought within five (6) years from the
time the decree of absolute divorce has become final.

hn) ____ The effects on the divorced spouses with respect to intestate succession, testamentary
Aispositions, donations and insurance provisions on beneficiaries in accordance with the Family Code of the
Philippines and jurisprudence will be observed.

i) __The legitimate and adopted children of divorced parents shall retain their legal status and
legitimacy; a child conceived or bom within 300 days after the fling of a petition for absolute divorce shall be
Considered legtimate, unless the ground for divorce isthe martal infidelity ofthe wife

SEC. 11. Recognition of Reconciliation - (a) If the petitioners have agreed to reconcile, a corresponding
Joint manifestation under oath duly signed by them shall be fled with the same court where the petition for
absolute divorce was fled with the interests of the children duly protected

(b) The plan to reconcile shall have the following consequences:
(1) The absolute divorce proceedings, if still pending, shall be terminated at whatever stage,
and
(2) The final decree of absolute divorce shall be se} aside, but the separation of property and
any forfeiture of the share of the respondent already effected shall subsist, unless the spouses
agree to revive their former property regime.

The court order containing the foregoing shall be recorded in the proper civil registries.

(c) _ The agreement to revive the former property regime referred to in this Act shall be executed
under oath and shall specify

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(1) the properties to be contributed anew to the restored regime;
(2) those to be retained as separate properties of each spouse; and
(3) the names of al their known creditors, their addresses and the amounts owing to each,

The agreement of revival and the motion for its approval shall be filed with the court in the same
proceeding for absolute divorce, with copies of both furnished to the creditors named therein. After due hearing,
the court shall issue an order to protect the interest of creditors and such order shall be recorded in the proper
registries of properties.

The recording of the order in the registries of properties shall not prejudice any creditor not listed or not
notified.

SEC. 12. Penalty. - A spouse who is a party o a petition for absolute divorce who is found by the court
to have used threats or coercion to compel the other spouse in fling the petition, and spouses who are guity of
collusion, shall be punished with imprisonment of five (5) years and a fine of Two hundred thousand pesos
(PhP200,000.00),

SEC. 13. Options and remedies. - The concerned spouse or spouses shall have the option to fle a
petition for absolute divorce a under this Act or avail of legal separation, annuiment or nullification of mariage
as provided for in the Family Code of the Philippines, the pertinent provisions of which’have-notbeen-repealed.

SEC. 14. Implementing Rules and Regulations (IRR). - The Department of Justice (DOJ) as lead
agency, together with the Department of Social Welfare and Development (DSWD), the Philippine Commission
on Women (PCW), the National Youth Commission (NYC), and at least two (2) representatives from women’s
organizations to be appointed by the PCW in consultation with civil society and women’s organizations, shall
promulgate the Implementing Rules and Regulations (IRR) within sixty (60) days after the effectivity ofthis Act.

SEC. 15. 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. 16. 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. 17. Effectvity. - This Act shall take effect fieen (15) days after its publication in the Official
Gazette or in any newspaper of general circulation

Approved,