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

NINETEENTH CONGRESS
First Regular Session

1339

HOUSE BILL NO.

introduced by Honorable Representatives

ARLENE D. BROSAS (Gabriela Women's Party);
FRANCE L. CASTRO (ACT Teachers Partylist);

and RAOUL DANNIEL A. MANUEL (Kabataan Partyli

AN ACT EXPANDING THE GROUNDS FOR LEGAL SEPARATION, AMENDING FOR
THE PURPOSE ARTICLE 55 OF THE FAMILY CODE OF THE PHILIPPINES

EXPLANATORY NOTE

Legal separation is one of the existing tools under the Family Code of the Philippines
whereby @ woman suffering from an abusive spouse can opt to use it to get out of an atrocious
relationship. It will not dissolve the marriage, yet it will give a sort of relief to the aggrieved
party.

‘Amending certain provisions on legal separation will give women and their children
additional State protection consistent with Republic Act (RA) No. 9262, otherwise known as
the Anti-Violence Against Women and Their Children Act of 2004. While the proposed
amendments shall apply to both spouses, more women will benefit from the measure since
they comprise the majority of the reported victims of violence within the typical Filipino family
home.

This measure proposes to amend Article 55 (1), (5), (6), (8), and (9) under the grounds
for legal separation. Amendment to Article 55 (1) is to consider not only the number of times
violence is perpetrated but also the severity or gravity of the violence committed. Amendments
to Article 55 (5), (6) and (8) are additional grounds related to and equated to the previously
considered marriage offenses. Meanwhile, the Article 55 (9) amendment adds threat by one
of the spouses to the life of their legal or biological children as the basis for filing a case for
legal separation

tt is with hope that this measure be considered, consistent with the Magna Carta of
Women, in order to attain substantive protection and enhancement of the right of all Filipinos
to human dignity.



The urgent passage of this bill is earnestly sought.

YA

‘(ARLENE DY BROSAS
Gabriela Women’s Party

FRANCE L. CASTRO wood oe

ACT Tegchers Partylist Kabataan Partylist



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

NINETEENTH CONGRESS,
First Regular Session

39

HOUSE BILL NO.

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party);
FRANCE L. CASTRO (ACT Teachers Partylist);
and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT EXPANDING THE 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 in Congress assembled:
SECTION 1. Article 55 of the 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. SERIOUS PHYSICAL OR SEXUAL VIOLENCE, 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
Political affiliation:

3. Attempt of respondent to corrupt or induce the petitioner, a common child, oF a child of
the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;

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

5. Drug addiction, habitual alcoholism OR EXCESSIVE GAMBLING of the respondents;
6. Lesbianism, homosexuality, OR BISEXUALITY of the respondent;

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

8. MARITAL [Sexual] 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
ACHILD AFTER HAVING BEEN A VICTIM OF RAPE;

9. Attempt by the respondent against the life of the petitioner, A COMMON CHILD OR A
CHILD OF THE PETITIONER; or

10. Abandonment of petitioner by respondent without justifiable cause for more than one
year xxx"

SECTION 2. This Act shall take effect immediately upon approval.

Approved,