`-`'LL_.__lpe_\pr
Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
|9th Congress
First Regular Session
Hou;eBi|iNo.4957
RECEIVED
RATE.E.PLjj!22
TIME;
iNTRODucnD Bv: HON. DORIS E. MANIQUIZ
EXPLANATORY NOTE
AN ACT INSTITUTING ABSOLUTE DIVORCE AS AN ALTERNATIVE MODH
FOR DISSOLUTION 0F MARRRIAGE
Our Constitution clearly gives value to the sanctity of marriage. Marriage in our country is not
only a civil contract, but it is a new relation, a new institution the maintenance of which the
public is so deeply interested. No less than the Constitution provides that the State recognizes
the sanctity of family life and affords protection to the family as a basic autonomous social
institution. The State is mandated to protect the marriage, being the foundation of the family,
which in turn is the foundation of the nation.
The  Philippines  is  the  only  country  in world,  bar the  Vatican City,  to  outlaw divorce - a
prescriptive  adherence  to  religious  doctrine  as  a Roman  Catholic  country.  Quite  literally,
spouses  are  sworn together through  thick and  thin,  even  if such  relationship  has  mudded
through time.
But, it is a truth universally acknowledged, that not all marriages are meant to last. While some
families are able to work through trials and tribulations, some come to an end. Thus, while it
is our obligation to protect marriage as a fundamental unit of the country, it is also our duty
under the Constitution to protect the dignity of every human person, to guarantee full respect
for human rights, and ensure fundanental equality before the law of women and men.
According to the 2017 National Demographic and Health Survey conducted by the Philippine
Statistics  Authority,  one  in  four  Filipino  ever-married  women  age  15-49  has  experienced
physical, emotional or sexual violence by their husband or partner. Violence against women is
deemed  to  be  closely  linked  with  the  unequal  power  relation  between  women  and  men
otherwise known as "gender based violence." Societal norms and traditions dictate that men
are the leaders, pursuers, and providers, and take on the dominant roles in society while women
are  the  nurturers,  men's  companions  and  supporters,  and  take  on the  subordinate  roles  in
society.


Divorce laws  is  intimately bound with the rights of women, their access to justice,  and its
evolution mirrors the changing role of women in society. A divorce law in the Philippines will
effectively transform all women' s role to being an autonomous part of a marital partnership.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
tw-
HON. DORIS E. MANIQUIZ
2nd District of zambales


``,`,-|J`eFIT!~',,
Republic of the Philippines
HOUSE OF REPRESENTATIVHS
Quezon City
|9th Congress
First Regular Session
Hojs~e:i:|No.4957
INTRODUCED BY: HON. DORIS E. MANIQUIZ
AN ACT REINTRODUCING DIVORCE IN THE PHILIPIINES
Be  i[  enacted  by  the  Senate  and  House  Of Representatives  Of the  Philippines  in  Congress
assembled:
SECTION 1. Sfeorf ri.f/c. -This Act shall be known as the "Absolute Divorce Act".
SECTION  2. DecJ¢m!fi.o„  a/ Po/I.ey.  -  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
separation;  and  grant the  divorced  spouses  the  right to  marry  again  for another chance  to
achieve marital bliss.
SECTION 3. G#l.dl.ng PrJ.„ciz}/e§` -The following shall be the guiding principles of this Act:
1.   Absolute divorce shall be judicially decreed after the fact of an irremediably broken
marriage.
2.   The State shall assure that the court proceedings for the grant of absolute divorce shall
be affordable, expeditious, and inexpensive.
3.   Concerned spouses have the option to file for absolute divorce under this Act or seek
legal  separation  under  the  pertinent  provisions  of Executive  Order  (EO)  No.  209,
otherwise known as the Family Code of the Philippines (the Family Code).
4.    The option of absolute divorce is a pro-woman legislation because in most cases, it is
the wife who is entitled to a divorce as a liberation from an abusive relationship 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 for reconciliation of concerned spouses.
6.   A  divorce  decree  shall  include  provisions  for  the  care  and  custody  of  children,
protection of their legitime, termination and liquidation of the conjugal partnership of
gains or the absolute community, and alimony for the aggrieved or innocent spouse.
7.   Even as absolute divorce is reinstituted,  the  State has the mandate of strengthening
marriage and family life by undertaking, among others, relevant prenuptial and post-
matrimonial programs and activities adequately funded by the government.
SECTION 4. De#"Jrl.o# a/ rerun. -- As used in this Act:
a)   4bcr7zc7o#me#r refers to the act of a spouse leaving the conjugal home withoutjustifiable
cause and with a deliberate intention of creating a perpetual separation. The desertion
amounts   to   an   absolute   cessation   of  marital   relations,   right   and   duties.   The
abandonment may also be physical estrangement, or financial desertion;
b)   4bs`o/w/e c/J.vorce 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;
c)   .4/J.mo#}J refers to spousal support made under cout order to a divorced person by the
former spouse;
d)   87.gr"oztL`` mczrr7.c7ge 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;
e)   Cfoj/c7 refers to a descent of the first 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
gundian;
f)    C/2j./cJ  czzL`'focrj/  refers  to  the  parental  authority  and  care  of a  child  as  decreed  by  a
competent court when the parents of the child are divorced;
g)   C/?;/cJ L`'wj2f?or/ 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 court shall determine
the payments, based on the income level of the parent giving support and the needs of
the child or children requiring support;
h)   Co7#pe/e#/ co"r/ 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;


i)    Cozjrf-cz^TLTj^g/CCJ  pe/i/j.o#er  refers   to   a   petitioner-spouse   who   has   personal   or   real
properties not exceeding Two million five hundred thousand pesos (Php2,500,000.00);
j)    Domes/z.c or 772czrj.fcz/ czbwj'e refers to violence or aggressive behavior within the home,
typically involving the violent abuse of a spouse by the other which may be commited
through:
a.    Physical violence,
b.   Psychological and emotional violence,
c.    Sexual violence, or
d.   Economic abuse;
k)   Drzfg czc#/'cf /.o# refers to habitual dependence on a prohibited drug or drugs;
1)    fJczb;.f2{cz/ 4/cofeo/r's'm refers to excessive consumption of alcoholic beverages at a level
that interferes with the physical or mental health, and social, family, or occupational
responsibilities;
in) /rreco#cj/¢b/e c7;jgrtzre#ces refer to the substantial incompatibility of the spouses due to
their intransigence or fault by holding on to divergent and divisive behavior resulting
to the total breakdown of their marriage which could not be repaired despite earnest
efforts to reconcile;
n)   £eg7tj.7%c refers to the portion of a parent's estate from which they cannot disinherit the
children, without sufficient legal cause;
o)   A4lcrrj/cz/ z.#¢c7e/r.fy refers to the extramarital sexual relations of a spouse;
p)   Szjmmczr); /.ztc77.cz.cz/ proccecJ;#gr refer to an expeditious manner of resolving a petition
for divorce without regard to technical rules and petitioner is given the option to be
assisted or not by a lawyer.  The proper court may allow presentation of evidence ex
par/e  as  warranted  by  circumstances.  The  decision  shall  be  immediately  final  and
executory.
SECTION 5. Grow#ds/or Adso/w/c DJ.vorce. - 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:
(1) Repeated  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
pot itical affiliation;
(3) Attempt of respondent to cormpt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such cormption
or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;


(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
(8)  Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(]0)     Abandonment of petitioner by respondent without justifiable cause for more
than one year.
b)   Domestic or marital abuse, as defined under Section 4 0).
c)   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 due to
irreconcilable differences.
SECTIOIN   6.  Procedure  fior  Obtaining  Absolute  Divorce.   -  (a)  rThe  estalbLished  trnd
recognized procedures for securing legal separation 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 petitioner filing a verified petition for absolute divorce.
(b) The factors and grounds which militate against the grant of legal separation 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 as a court-assisted petitioner, the proper court shall waive the payment of
filing fees and other costs of litigation, and shall appoint a c`ozt7}se/ c7e o/cj.o for court assisted
petitioner  and   assign   social   workers,   psychologists,   and  psychiatrists,   preferably   from
appropriate government agencies, to assist the said petition and the court free of charge.
(d) 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 filing thereof.  The court shall take measures to protect the creditors and other
persons with pecuniary interest.
(e) No decree of absolute divorce shall be based upon a stipulation of facts or a confession
judgment.
(I) Public Prosecutors  in provinces,  cities,  and capital towns  are  authorized and obliged 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 court within six (6) months from the filing of the petition.


SHCTION  7.  OiJcrseas  Fz./I.p;."o.  -  Petitioners  who  are  overseas  Filipinos  shall  be  given
priority by the proper court with respect to the hearing of their petitions and the court shall set
the  reception  of evidence,  upon  availability  of the  petitioners,  for  not  more  than  two  (2)
consecutive days.
SECTION 8. S#Jiov!trry J#di.c..fl[/ Proceedz.#gr. -- The following grounds for absolute divorce
may be subject to summary judicial proceedings as defined under Section 4 (p):
a)   When the spouses have been separated c7e/#c/a for at least five (5) years at the time the
petition for absolutive divorce is filed;
b)   When one of the spouses has contracted a bigamous marriage; and
c)   When the spouses have been legally separated by judicial decree for at least two (2)
years.
SEC"ON  9.  Mandatory  Six-month  Cooling-off  Period.  -  Eneept  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 requirements 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, otherwise known as the "Anti-
Violence Against Women and Their Children Act of 2004" or attempt against the life of the
other spouse or a common child or a child of the petitioner.
SECTION 10. W¢J.vcr a/Experr resfJ.Ji¢o#j7. -Expert testimony shall be dispensed with unless
the court decides that such testimony is indispensable in deciding the petition for divorce.
SHCTI0N 11. Ej/eats a/Adso/#fe Di.tlorce. -The decree of absolute divorce shall have the
following effects:
a)   The marriage bond shall be severed and the divorced spouses shall have the right to
contract marriage again;
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 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;
c)   The absolute community or the conjugal partnership shall be dissolved and liquidated
but the offending spouse shall have no right to any share of the net profits earned by
the  absolute  community  or  the  conjugal  partnership,  which  shall  be  forfeited  in
accordance with the provisions of Article 43(2).  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)   The innocent spouse who is not galnfully employed shall be entitled to spousal support
or  alimony  from  the  other  spouse  until  the  former  finds  adequate  employment:
Prow;.c7ed, That the support shall not exceed two (2) years from the finality of the decree
of absolute divorce and shall cease upon the innocent spouse' s remarriage; Prov7.c7ed,
F#r/feer, That 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;
e)   The proper 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;
I)    The innocent spouse may revoke the donations made by him or by her in favor of the
offending spouse, as well as the designation of the latter as 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 property  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 registries of property shall
be  respected.   The  revocation  of  or  change  in  the  designation  of  the  insurance
beneficiary shall take effect upon written notification thereof to the insured.
The action to revoke the donation under this Article must be brought within five years
from the time the decree of absolute divorce become final;
g)   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 will be observed; and
h)   The legitimate and adopted children of divorced parents shall retain their legal status
and legitimacy; a child conceived or born within 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.
SECTION 12. Awfl!rd/or D¢m¢ges. -The proper court may, as warranted by evidence, award
actual,  moral,  and  exemplary  damages  as  provided  for  under the  New  Civil  Code  to  the
innocent spouse against the errant spouse.
SHCTI0N 13. Co„vcrsj.o„ a/Pc"di.#g Pgfl.fi.o#s. -Parties who have pending petitions under
Article 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.
SECTION 14. J[ecognj.#.o# a/Rccowci.Jfofr.o#. -(a) If the petitioners have agreed to reconcile,
a correspondingjoint manifestation under oath duly signed by them shall be filed with the same
court where the  petition  for  absolute  divorce  was  filed with  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 set aside, but the separation of
property and any forfeiture of the share of the errant spouse already effect 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:
1 ) the properties to be contributed anew to the restored regime;
2) those to be retained as separate properties of each spouse; and
(3) those names of all 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 property registry deeds.
The recording of the order in the proper registry of deeds shall not prejudice any creditor
not listed or not notified.
SECTION 15. Pe#¢/fz.es. -A spouse who is a party to a petition for absolute divorce 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 Two hundred thousand pesos (Php200,000.00).
Any parent in default of providing the required child support under this Act shall be charged
with contempt of court and be imposed a fine of:
(a) Fifty thousand pesos (P50,000,00) for the first default;
(b) One hundred thousand pesos (P100,000.00) for the second default;
(c)  Two  hundred  thousand  pesos  (P200,000.00)  each  for  the  third  and  succeeding
defaults.
SECTION 16. Op/I.o"s ¢"d Rericedl.es. ~ The concerned spouse shall have the option to file a
petition for legal separation under Article 55 of the Family Code of the Philippines.
SECTION 17. 4pp/j.cofz.o#/or ¢ Cow"-4ssi.sfed Pt3tr.fz.o#. -A petitioner-spouse may apply for
a court-assisted petition in obtaining absolute divorce. Upon approval of the application, the
proper court shall waive the payment of all forms of filing fees and other costs of litigation and
shall  appoint a Co##L`'e/ c7L. o/c7-o in favor of court-assisted petitioner or petitioners and shall
assign such number of social workers, psychogists, 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,  and  the  Department  of Justice  (DOJ),  to  assist  the
petitioner free of charge.
SEC"OIN   18.   Coml'nilnity-Based   Prenuptlal   and   Post-Matrii'nonial   Prograrl'is   and
4c#.vi.#cs. -The National G ovemment, through the DSWD, shall implement community-based
pre-nuptial, reconciliatory phrase or cool].ng-off counseling,  and post-matrimonial programs
and activities armed at strengthening the marital and family life of Filipinos.
These social welfare interventions, which will protect the stability of Filipino families, will 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.
SncTI0N 19. Commli#try-Based Wome" 's Dcst.  -The frontline desk in every barangay
established under Republic Act 9710 or the "Magma Carta of women" shall be readily avallable
and easily accessible to provide  support and assistance to victims,  especially women,  of all
forms of abuse and acts of violence identified under this Act and those provided under Republic
Act No. 9262 or the "Anti-Violence Against Women and their Children Act of 2004."
SE:CTI0IN  20. Inaplementing Rules  and Regulatlous  (IRR).  --  The Depan:meat o£ Social
Welfare and Development (DSWD) as lead agency, together with 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 of this Act.
SncTI0N  21.  Scp¢r¢b!./;.ty  C/¢wfe.  -  If any  provision  or  part  hereof is  held  invalid  or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.
SHCTI0N 22. Repe¢/;.i€g C7¢cise. -Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with
the provisions of this Act are hereby repealed, modified, or amended accordingly.
SECTION 23. EJ7lecfJ.vrty. ~ This Act shall take effect fifteen ( 15) days after its publication in
the O/7?cj.cz/ Gczz'e//e or a newspaper of general circulation.
Approved,