EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No.
356
t »* ■-
\ ‘j. V .:'klSlIcr ci t'-K* ■ 
' ' I
*19 j a i l  P1:13
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
INSTITUTING  ABSOLUTE DIVORCE IN  THE PHILIPPINES
EXPLANATORY NOTE
The Philippines is the only country in the world, aside from the Vatican City, 
where divorce is not legal. Despite this, the number and proportion of Filipinos who are 
separate has been increasing over time -  demonstrating that the denial of legal 
remedies to those seeking to dissolve their union has largely been an ineffective way of 
upholding the policy of the State to keep families together.
It has been well-documented that the absence of a divorce law has had 
disproportionate effects on women who are more often the victims of abuse within 
marriages, and who are forced to remain in joyless and unhealthy unions because of 
the dearth of legal options. Studies have shown that breaking free from such unions 
and being given a fresh start result in improved health outcomes for women1. Studies 
likewise show that it is not divorce that creates well-being issues for children, it is 
bearing witness to the troubled marriages of their parents2.
While the State continues to recognize the sanctity of family life and endeavors 
to protect and strengthen the family as a basic autonomous social institution consistent 
with Article II, Section 12 of the 1987 Constitution, it is also dutybound to promote and 
protect the well-being of its citizens. It is a duty that should extend to circumstances 
whereby this well-being is being compromised by the inability to break free from 
irremediably broken marriages and start anew in 
healthier family and 
living 
arrangements.
1 https://w w w .liebertpub.eom /doi/10.1089/1w h .2 0 1 6 .5 9 2 5
2 https://w w w .sciencedirect.com /science/article/abs/pii/S 08908567Q 9662948


In view of the foregoing, immediate passage of this bill is earnestly sought.
RISAHONTIVEROS 
V 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)))
SENATE
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S. No. 
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*19 JULll Pin 4
RECEIV c J  tiv.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
INSTITUTING ABSOLUTE DIVORCE IN  THE PHILIPPINES
Be it enacted by the Senate and House o f Representatives o f the Phiiippines in 
Congress assembled:
1 
Sec. 1. Short Title. -  This Act shall be entitled as the "Divorce Act of 2019".
2 
Sec. 2. 
Declaration o f Policy. -  While the State continues to recognize the
3 
sanctity of family life and endeavors to protect and strengthen the family as a basic
4 
autonomous social institution consistent with Article II, Section 12 of the 1987
5 
Constitution, it is also dutybound to promote and protect the well-being of its
6 
citizens. It is a duty that should extend to circumstances whereby this well-being is
7 
being compromised by the inability to break free from irremediably broken marriages
8 
and start anew in healthier family and living arrangements.
9 
Likewise, it is the duty of the State to save children from the pain, stress and agony
10 
of witnessing regular marital clashes with no end in sight. Finally, cognizant of the
11 
economic vulnerability of women in de facto separation arrangements, it is
12 
imperative to lay down clear rules for their support and protection.
13 
Sec. 3. Guiding principles. -T h e  following shall be the guiding principles of the
14 
Act:
15 
a) Gender equality, the protection of women from abuse and violence,
16 
and the best interests of children are the fundamental guiding
17 
principles of this legislation, and shall 
be read alongside the
18 
responsibility of the State to protect and strengthen the family as an
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autonomous social institution.
20 
b) Absolute divorce shall be judicially decreed after the fact of an
21 
irremediably broken union or a marriage that is defective from the
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start.
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c) The State shall assure that the court proceedings for the grant of
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absolute divorce shall be affordable and inexpensive, particularly for
3 
court-assisted litigants or petitioners.
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d) In resolving issues of child custody, visitation and child support, issues
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of sexual identity and orientation will not be made a factor in deciding
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the award/s.
7 
Sec. 4. Divorce. -  Divorce is the legal termination of a marriage by a court in a
8 
legal proceeding, requiring a petition or complaint for divorce by one party, which will
9 
have the effect of returning both parties to the status of single for all legal intents
10 
and purposes, including the right to contract a subsequent marriage. A divorce
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decree shall include provisions for the care and custody of children, protection of
12 
their legitime, termination and liquidation of the conjugal partnership of gains or the
13 
absolute community and, when deemed proper by the court, alimony for the spouse
14 
deemed by the court to be in need of the same.
15 
Sec. 5. 
Grounds. -  The following are the grounds for a judicial decree of
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absolute divorce:
17 
a) The grounds for legal separation under Article 55 of the Family Code
18 
of the Philippines, p ro v id e d p h y s ic a l violence and grossly abusive
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conduct under Article 55(1) need not be repeated offenses to be
20 
considered as ground;
21 
b) The grounds for annulment of marriage under Article 45 of the Family
22 
Code of the Philippines, provided that the grounds cited in numbers
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2, 5, 6 of Article 45 may either have existed at the time of the
24 
marriage, or supervening after the marriage;
25 
c) Psychological incapacity of either spouse as provided for in Article 36
26 
of the Family Code of the Philippines, whether or not the incapacity
27 
was present at the time of the celebration of the marriage or later;
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d) All acts mentioned under Section 5 of Republic Act No. 9262, or the
29 
Anti-Violence Against Women and their Children Act of 2004;
30 
e) The commission of the crime of rape by the respondent-spouse
31 
against the petitioner-spouse before the celebration of marriage;
32 
f) When one of the spouses has been sentenced by final judgment
33 
under Republic Act No. 9262, or a permanent protection order has
34 
been issued in favor of the petitioner spouse against the other spouse
35 
under the said Act; Republic Act No. 9995, and Republic Act No.
36 
9775, whether or not the complainants in the criminal cases filed


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under the mentioned Acts is the petitioner-spouse or their common
2 
children;
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g) When the spouses are legally separated by judicial decree under
4 
Article 55 of the Family Code of the Philippines for at least two (2)
5 
years;
6 
h) When the spouses have been separated in fact for at least five (5)
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years at the time the petition for absolute divorce is filed, and
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reconciliation is highly improbable;
9 
i) Irreconcilable marital differences or irreparable breakdown of the
10 
marriage, despite earnest efforts at reconciliation.
11 
Sec. 6. Procedure For Obtaining Absolute Divorce. -  The established and
12 
recognized procedures for securing legal separation, annulment of marriage and
13 
voiding of a marriage under the Family Code of the Philippines, as far as practicable,
14 
shall govern the process of obtaining a Judicial decree of absolute divorce from the
15 
proper family court which shall be commenced by the filing of a verified petition for
16 
absolute divorce by the petitioner-spouse or petitioner-spouses.
17 
A petition for absolute divorce may be filed jointly by the spouses on the basis of
18 
grounds g, h and i of Section 5 of this Act. A joint petition filed by both spouses with
19 
common children should be accompanied by a joint plan for parenthood which
20 
provides for the support, parental authority, custody and living arrangements of the
21 
common children. If the court determines that the joint plan for parenthood is
22 
adequate to protect the rights and interests of the common children, the court shall
23 
approve the joint plan for parenthood together with the grant of a divorce decree if
24 
warranted.
25 
All creditors of the absolute community or of the conjugal partnership of gains, as
26 
well as the personal creditors of the spouses, shall be listed in the petition for
27 
absolute divorce.
28 
Sec. 7. Indigent litigants. -  Upon application by the petitioner-spouse and
29 
presentation of evidence of indigency, the court shall waive the payment of filing fees
30 
and other costs of litigation, and shall appoint a counsel de oficio and assign social
31 
workers, psychologists and psychiatrists, preferably from appropriate government
32 
agencies, to assist the petitioner and the common children of the parties. The
33 
quantum of evidence required to prove indigency shall not be unduly cumbersome.
34 
Sec. 8. Mandatory Cooling-Off Period. -  If a petition for absolute divorce is
35 
filed jointly by the spouses under Section 5(i) of this Act, the proper court shall not
36 
begin to hear the petition before the expiration of a six-month cooling-off period
3


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reckoned from the date of the filing of the petition, during which time, all efforts to
2 
reunite and reconcile the parties will be explored and exercised.
3 
Sec. 9. Summary judicial proceedings. -  If the grounds invoked by the party or
4 
parties fall under Section 5 paragraphs f, g and h of this Act, the court may opt to
5 
resolve the petition via summary judicial proceedings. If the petition invokes
6 
paragraph i of Section 5 of this Act, summary judicial proceedings may likewise be
7 
resorted to if the petition is jointly signed by the parties.
8 
Summary judicial proceedings refer to an expeditious manner of resolving a petition
9 
for divorce with minimal regard for technical rules, provided however that a full-
10 
blown hearing may be required at the discretion of the court to resolve issues of child
11 
custody, child support and alimony; if there is reason to suspect that a petition for
12 
divorce was made to defraud creditors, or that conformity by one of the parties to a
13 
joint petition for divorce and/or joint plan for parenthood was obtained through
14 
force, fraud or intimidation.
15 
Sec. 10. Overseas Filipino Workers. -  Petitioners who are OFWs shall be given
16 
priority by the proper court with respect to the hearing of their petitions and the
17 
court shall set the reception of evidence, upon the availability of the petitioners, for
18 
not more than two (2) consecutive days.
19 
Sec. 11. Marriage Between A Filipino Citizen And A Foreign National. -  Where
20 
a marriage between a Filipino citizen and a foreign national is validly celebrated and
21 
a divorce is thereafter validly obtained abroad by either the Filipino citizen or the
22 
foreign national, the divorce shall be valid in the Philippines. This provision shall
23 
likewise be applicable in a situation where two Filipino citizens marry, and
24 
subsequent to the celebration of marriage, one of the spouses becomes the
25 
naturalized citizen of another country.
26 
Sec. 12. Effects O f Absolute Divorce. -  The decree of absolute divorce shall
27 
have the following effects:
28 
a) The marriage bonds shall be severed and the divorced spouses shall
29 
have the right to contract marriage again.
30 
b) The custody of the minor children, and the visitation rights of the
31 
spouse not granted primary custody, shall be decided by the proper
32 
court in accordance with the best interests of the children, subject to
33 
the provisions of Article 213 of the Family Code of the Philippines,
34 
taking into consideration that no child under seven (7) shall be
35 
separated from the mother unless the proper court finds compelling
36 
reasons to order otherwise. 
A child over the age of 14 should be
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asked for his or her opinion regarding custody and visitation rights, 
and this opinion should be given full consideration by the court. In no 
case will child custody be given to the respondent-spouse when the 
ground/s for the divorce fall under paragraphs d, e and f of Section 5.
c) 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. The 
recognition and delivery of the presumptive legitime of the common 
children shall be at the option of both spouses. The presumptive 
legitime shall be computed as of the date of the finality of the degree 
of absolute divorce. The partition and distribution of the properties of 
the spouses and the delivery of the children's presumptive legitime 
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.
d) The proper court shall have the discretion to grant alimony and child 
support, pursuant to the pertinent provisions of the Family Code. In 
seeking alimony, the court may take into account the length of the 
marriage, the income disparities between the parties, and the number 
of years devoted to reproductive labor or care work by the party 
seeking alimony. Child support shall be granted by the court to the 
parent to whom primary custody is awarded, and shall be governed 
by Articles 194, 201, 202 and 203 of the Family Code. Support 
pendente lite may likewise be claimed during the pendency of divorce 
proceedings. In case the respondent is an OFW, a copy of the order 
to grant alimony and child support shall be furnished to the Philippine 
Overseas Employment Administration.
e) 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, 
provided 
that 
insurance 
policies 
with 
investment 
component such as a variable life insurance may be considered by the 
court as part of the absolute community or conjugal partnership of 
gains. The revocation of the donations shall be recorded in the
5


1 
registries of properties in the places where the properties are located.
2 
Alienations, liens and encumbrances registered in good faith before
3 
the recording of the complaint for revocation in the registry of
4 
property shall be respected. The revocation of or a change in the
5 
designation of the insurance beneficiary shall take effect upon written
6 
notification thereof to the insured.
7 
f) The effects on the divorced spouses with respect to intestate
8 
succession, testamentary dispositions, 
donations and 
insurance
9 
provision on beneficiaries in accordance with the Family Code of the
10 
Philippines and jurisprudence will be observed.
11 
g) The legitimate, legitimated and adopted children of divorced parents
12 
shall retain their legal status and legitimacy. A child conceived or born
13 
within 300 days after the filing of a petition for absolute divorce shall
14 
be considered legitimate, unless the ground for divorce is the marital
15 
infidelity of the wife.
16 
Sec. 13. Recognition o f Reconciiiation. -  If the petitioners have agreed to
17 
reconcile, a corresponding joint manifestation under oath duly signed by them shall
18 
be filed with the same court where the petition for absolute divorce was filed, with
19 
the interests of the children duly protected. The joint manifestation of reconciliation
20 
shall terminate the proceedings for absolute divorce, at whatever stage.
21 
Sec. 14. Penaities. -  A spouse who is a party to a petition for absolute divorce
22 
who is found by the court to have used force, fraud or intimidation to compel the
23 
other spouse to file the petition shall be punished with imprisonment of five (5) years
24 
and a fine of two hundred thousand pesos (PhP 200,000.00).
25 
Any parent in default of providing court-ordered child support, or any spouse in
26 
default of paying court-ordered alimony, shall be punished by prision mayor and shall
27 
be fined in the amount of one hundred thousand pesos (PhP 100,000.00) to not
28 
more than three hundred thousand pesos (PhP 300,000.00) on top of unpaid child
29 
support and/or alimony.
30 
Sec. 15. Options and Remedies. -  The concerned spouse or spouses shall
31 
have the option to file a petition for absolute divorce under this Act or avail of legal
32 
separation, annulment or nullification of marriage as provided for in the Family Code.
33 
Petitions for legal separation, annulment or nullification of marriage that are pending
34 
before the courts upon passage of this Act may, by motion of any of the parties, be
35 
converted into proceedings for absolute divorce. The court shall ensure the


1 
protection of the best interests of the children at all times and may order the
2 
provision of psycho-social support to the same, or to any of the spouses.
3 
Sec. 16. Appeals. -  A decree of divorce is final and executory insofar as the
4 
capacity to remarry is concerned. Orders for child support, child custody and alimony
5 
are immediately executory pending appeal. Either of the parties may file at any time
6 
for a motion to review orders of child support, custody and alimony, on the ground of
7 
a material change in the factual circumstances upon which the orders of child
8 
support, custody and alimony were predicated. The court that granted the decree of
9 
divorce shall have jurisdiction over the motions for review.
10 
Sec. 17. Implementing Rules and Regulations. -  The Department of Justice
11 
(DOJ) as lead agency, together with the Department of Social Welfare and
12 
Development (DSWD), the Philippine Commission on Women (PCW), the National
13 
Youth 
Commission 
(NYC), 
Children's 
Welfare 
Commission, 
at 
least 
two
14 
representatives from women's organizations and two representatives from children's
15 
organizations to be identified by the PCW and the NYC respectively, shall promulgate
16 
the Implementing Rules and Regulations (IRR) within sixty (60) days after the
17 
effectivity of this Act.
18 
Sec. 18. Repealing Clause. -  All other laws, decrees, executive orders,
19 
issuances, rules and regulations, or part thereof inconsistent with this Act are hereby
20 
likewise repealed or amended accordingly.
21 
Sec. 19. Separability Clause. -  If, for any reason, any section or provisions of
22 
this Act is declared unconstitutional or invalid, the other sections or provisions not
23 
affected thereby shall remain in full force and effect.
24 
Sec. 20. Effectivity Clause. -  This Act shall take effect after fifteen (15) days
25 
upon publication in at least two (2) newspapers of general circulation.
Approved,