Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No.3693

Introduced by Hon. Jonathan Keith T. Flores

EXPLANATORY NOTE

While the 1987 Constitution affirms that the State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous social institution, it does not preclude
the enactment of laws that recognize the right of individuals to be free from violence, abuse,
emotional distress, or long-term incompatibility that renders the marriage oppressive.

The absence of an absolute divorce law in the Philippines places it among the last two
countries in the world—alongside the Vatican—that do not permit the full dissolution of marriage.
This legal gap persists despite the changing realities and the pressing need to protect individuals
from prolonged suffering in marriages that are beyond repair. Current options such as legal
separation, annulment, or declaration of nullity often fail to provide genuine relief to spouses.
These existing remedies are not only inadequate but also prohibitively expensive and emotionally
draining, leaving many Filipinos—particularly women and children—trapped in dysfunctional or
abusive situations without any viable recourse.

This bill secks to establish absolute divorce as a legal remedy for irreparably broken
marriages, without undermining the institution of marriage. It provides clear, limited, and
reasonable grounds for divorce, such as marital abuse (physical, emotional, psychological),
irreconcilable differences, long-term separation (de facto or legal), infidelity and abandonment,
and nullifying circumstances already recognized under existing laws. Measures to preserve the
sanctity of marriage include mandatory cooling-off period (except in cases involving abuse or
violence), required counselling and mediation. This bill also addresses crucial post-divorce issues
such as child custody, support and property relations, and protection for economically
disadvantaged spouses.

During the 19th Congress, this proposed legislation underwent extensive consultation,
public hearings, and both committee and plenary debates — and was ultimately passed by the House
of Representatives on third reading. Thus, this bill is now refiled to build upon that progress and
respond to the continued clamor from victims, advocates, and ordinary Filipino families seeking
justice and progress.

In view of the foregoing, approval of this bill is earnestly sought.

JONATHAN KEIYH T. FLORES
2nd District,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House BiLt.No._3693 _

Introduced by Jonathan Keith T. Flores

AN ACT
REINSTITUTING ABSOLUTE DIVORCE AS AN ALTERNATIVE MODE
FOR THE DISSOLUTION OF MARRIAGE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Absolute Divorce Act.”

SECTION 2. Declaration of Policy. 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 differences; and grant the divorced
spouses the right to marry again.

To this end, the State shall adopt a divorce policy in keeping with the fundamental freedoms
guaranteed under the Constitution, the rights guaranteed under Republic Act No. 9710, otherwise
known as “The Magna Carta of Women”, the provisions of the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination
of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, and
other international human rights instruments of which the Philippines is a party.

SECTION 3. Guiding Principles. ‘The following shall be the guiding principles of this Act:

(a) Absolute divorce shall be judicially decreed after the fact of an irremediably broken
marriage.

(b) The State shall assure that the court proceedings for the grant of absolute,divorce shall
be affordable and expeditious.


(c) Concerned spouses shall have the option to file for absolute divorce under this Act or
seek legal separation, annulment of marriage or nullification of marriage under the
pertinent provisions of Executive Order No. 209, otherwise known as the Family Code of
the Philippines.

(d) 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 and to help
her regain dignity and self-esteem.

(e) A sixty-day cooling-off period is instituted after the filing of a petition for absolute
divorce to ensure a final attempt at reconciliation of the concerned spouses.

(1) A divorce decree shall include provisions for the care, custody, and support of children,
protection of their legitime, termination and liquidation of the conjugal partnership of gains
or the absolute community, and alimony for the offended spouse.

(g) Even as absolute divorce is reinstituted, the State has the mandate of strengthening
marriage and family life by undertaking, among others, relevant pre-nuptial and post-
matrimonial programs and activities adequately funded by the government.

SECTION 4. Definition of Terms. As used in this Act:

(a) Abandonment refers to the act ofa spouse leaving 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. The abandonment
may also be physical estrangement, or financial desertion;

(b) Absolute divorce refers to the judicial dissolution of a marriage or the termination of
the bond of matrimony where the spouses retum to their status of being single with the
right to contract marriage again;

(©) Alcoholism refers to excessive consumption of alcoholic beverages at a level that
interferes with physical or mental health, and social, family, or occupational
responsibilities;

(d) Alimony refers to spousal support adjudged in the divorce decree by the proper Family
Court in favor of the offended spouse against the offending spouse:

(e) Bigamous marriage 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:

(£) Child refers to a common child of the spouses below eighteen (18) years of age or older
but is incapable of taking care of or protecting oneself from abuse, neglect, cruelty,
exploitation and/or discrimination because of physical infirmity or mental disability, and
shall include an offspring by legal adoption or one whose custody and care is judicially
decreed to be given to a guardian. In the proper cases, a child also refers to an offspring of
one of the spouses;


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

(h) Child support 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 Family Court shall
determine the amount of support, based on the financial capacity of the parent giving
support and the needs of the child or children requiring support pursuant to the provisions
of the Family Code of the Philippines:

(i) Chronic gambling refers to an impulse control disorder in which a person makes
habitual engages in games of chance which compromise, disrupt or damage family, work
and social relations, and vocational pursuits;

(i) Competent court 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;

(k) Court-assisted petitioner refers to a petitioner-spouse who has personal and real
properties collectively not exceeding Two million five hundred thousand pesos
(PhP2,500,000.00):

(1) Domestic or marital abuse refers to violence or aggressive behavior within the home,
typically involving the violent abuse of a spouse by the other which may be committed
through:

(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;

(n) Irreconcilable differences refer to the substantial incompatibility of the spouses due
to their intransigence or fault by holding on to divergent and divisive behavior resulting
in the total breakdown of their marriage which could not be repaired despite carnest
efforts to reconcile;

(0) Joint petition refers to the legal action filed by both spouses based on the grounds
subject to summary judicial proceedings under Section 11 of this Act;

(p) Legitime refers to the portion of a parent’s estate from which they cannot
disinherit the children, without sufficient legal cause;

(q) Marital infidelity refers to the extramarital sexual relations of a spouse, which shall
include having or bearing a child with a third party;


(8) Offended spouse refers to the spouse who is aggrieved or innocent as found by the
proper Family Court;

(5) Offending spouse refers to the spouse found by the Family Court to have given the
cause or reason for the divorce;

(t) Overseas Filipinos refer to Filipino migrant workers, other Filipino nationals and their
dependents abroad or as defined under Section 3 of Republic Act No. 8042, as amended,
otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”;

(u) 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;

(v) Separation refers to the absolute cessation of marital relations, duties, and rights,
with the intention of perpetually living apart;

(w) 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 of the
identified or preferred gender:

(x) 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 Family Court may allow presentation of evidence
ex parte as warranted by circumstances. The decision shall be immediately final and
executory;

(y) Support refers to the amount indispensable for sustenance, shelter, clothing, medical
care, education, and other allied needs, consistent with the financial capacity and social
standing of the family;

(z) Transgender refers to a person whose gender identity or expression differs from what
is typically associated with the sex at birth;

(aa) Transsexual refers to a person who emotionally and psychologically feels that one
belongs to the opposite sex, and who opts for a transition from one sex to another through
the use of hormones or surgical procedure.

SECTION 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 55 of the Family Code of the

Philippines, modified, as follows:

(1) 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, or
achild 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
(6) years, even if pardoned;

(5) Drug addiction or habitual alcoholism or chronic gambling of the respondent;
(6) Homosexuality of the respondent;

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

(8) 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 through in vitro fertilization or a similar
procedure or when the wife bears a child after being 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 (1) year. When the spouses are legally separated by judicial decree for
more than two (2) years, either spouse can petition the proper Family 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, modified, as follows:

(1) 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 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;

(3) 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;

(4) 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; or

(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 Subsection (b), paragraphs 2, 5 and 6
herein existed either at the time of the marriage or supervenes after the marriage;

(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;

(a) Psychological incapacity of either spouse as provided for in Article 36 of the Family
Code of the Philippines, whether or not the incapacity existed at the time of the marriage
or supervenes after the marriage;


(e) When one of the spouses undergoes a sex reassignment surgery or transitions from one

sex to another, the other spouse is entitled to petition for absolute divorce with the

transgender or transsexual as respondent, or vice versa;

(f) Irreconcilable differences as defined in Section 4. Definition of Terms, Subsection (n);

and

(g) Other forms of domestic or marital abuse as defined under Section 4, Definition of

Terms, Subsection (1).

The grant of absolute divorce based on domestic or marital abuse or violation of Republic
Act No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act
of 2004”, shall be without prejudice to the prosecution of the offending or errant spouse under
the said Act.

SECTION 6. Civil Recognition of a Valid Foreign Divorce. A valid foreign divorce
secured by either the alien or Filipino spouse has the effect of a divorce under this Act without
going through the judicial process. Said foreign divorce must be authenticated by the Philippine
Consul in or proximate to the foreign country where it was secured, and subsequently registered
with the proper Civil Registry Office in the Philippines or the Office of the Philippine Consul
abroad where the Filipino spouse is residing.

SECTION 7. Valid Canonical or Church Dissolution, or Declaration of Nullity of
Marriage. A marriage which is nullified or dissolved by the proper matrimonial tribunal of the
Roman Catholic Church or any other recognized religious sect or denomination shall be granted
civil recognition as if a divorce had been granted in accordance with the provisions of this Act,
without going through the judicial process when it is authenticated by the proper authorities of the
Roman Catholic Church or any other recognized religious sect or denomination, and registered
with the proper Civil Registry Office in the Philippines.

SECTION 8. Prescription of Action. A petition for absolute divorce shall be filed with
the proper Family Court by the petitioner or joint petitioners within ten (10) years from the
occurrence or discovery of the cause for divorce or from the effectivity of the Absolute Divorce
Act, whichever comes later.

SECTION 9. Procedure for Obtaining Absolute Divorce. The procedure for obtaining
absolute divorce shall be as follows:

(a) The established and recognized procedures for securing legal separation, annulment of
marriage, and nullification of marriage 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
filing of a verified petition for absolute divorce by the petitioner-spouse or joint petitioner-
spouses.

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

(©) When the application as a court-assisted petitioner is approved, the proper Family
Court shall waive the payment of filing fees and other costs of litigation, and shall appoint


a counsel de oficio for the court-assisted petitioner and assign such number of social
workers, psychologists, 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). to assist the said petitioner and the court free of charge, and assist
the children of the parties.

(4) Allcreditors of the conjugal partnership of gains or absolute community, 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.

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

(f) Public prosecutors in provinces, cities and capital towns are mandated 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 Family Court within sixty (60) days from the filing of the
petition.

SECTION 10. Overseas Filipinos. Petitioners who are overseas Filipinos shall be given
priority by the proper Family Court with respect to the hearing of their petitions and the court shall
set the reception of evidence, upon the availability of the petitioners, for not more than two (2)
consecutive days.

SECTION 11. Summary Judicial Proceedings. — The following grounds for absolute
divorce may be subject to summary judicial proceedings as defined in Section 4. Definition of
Terms, Subsection (x):

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

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

(e) When one of the spouses has undergone a sex reassignment surgery or has
transitioned into another sex.

A petition under this section may be filed individually or jointly by the concerned spouses.

SECTION 12. Mandatory Sixty-Day Cooling-off Period. — Except for grounds under
summary judicial proceedings, the proper Family Court shall exercise all efforts to reunite and
reconcile the concerned spouses during the sixty-day cooling-off period after the filing of the
petition, Upon expiration of the cooling-off period without the parties having reconciled, the court
shall immediately commence trial and is mandated to decide the petition within one (1) year after
the lapse of the sixty-day cooling-off period.

‘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


of the other spouse or a common child or a child of the petitioner. The cooling-off period is not
required for petitions under summary judicial proceedings.

SECTION 13. Waiver of Expert Testimony. ~ Expert testimony shall be dispensed with
unless the proper Family Court decides that such testimony is indispensable in deciding the petition
for divorce.

“TION 14. Effects of Absolute Divorce. — The decree of absolute divorce shall have
the following effects:
(a) The marriage is dissolved and the divorced spouses shall have the right to contract
marriage again;

(b) The custody of the minor children, and the visitation rights of the spouse not
granted primary custody, shall be decided by the proper Family 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. When the child is over the age of seven (7), the court may ask
the child’s preference with respect to parental custody and visitation unless such preference
will not be for the best interest of the child. In no case shall child custody be given to the
offending spouse when the grounds for divorce fall under Section 5(a) (1), (2). (4), (5). (7).
(8), (9), and (10) of this Act;

Provided, That in a subsequent divorce of a previously divorced spouse, the custody
of children may be granted to the spouse with lesser number of children, subject to the
discretion of the Family Court;

(©) 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, in accordance
with the Family Code of the Philippines. 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 Iegitime 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) During the pendency of the divorce proceedings, the liabilities of the spouses to
creditors for family expenses shall remain solidary;

(©) In addition to the equal share in the assets of the absolute community or
conjugal partnership, the offended spouse who is not gainfully employed shall be entitled
to spousal support or alimony from the offending spouse: Provided, That the support shall
not exceed three (3) years from the finality of the decree of absolute divorce and shall cease
when the offended spouse secures gainful employment or remarries: Provided, further,
That the right to support shall be subject to the provisions of Article 201 of 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;

Provided, finally, That the three (3)-year support period may be extended to


reasonable period of time by the Family Court when the offended spouse entitled to
support is a senior citizen, a person with disability, or has limited educational attainment;

(f) The proper Family 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;

(g) The offended spouse may revoke the donations made in favor of the offending
spouse, as well as the designation of the latter as a beneficiary in any insurance policy,
even if such designation be stipulated as irrevocable;

Donations by reason of marriage shall remain valid, except if the donee is the
offending spouse under any of the grounds under Section 5(a) of this Act. The revocation
of the donations shall be recorded in the registries of properties 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 registry of property shall be respected.
The revocation of or a change in the designation of the insurance beneficiary shall take
effect upon written notification thereof to the beneficiary. The action to revoke the donation
under this provision must be brought within five (5) years from the time the decree of
absolute divorce has become final;

(h) 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 shall be observed;

(i) The legitimate and adopted children of divorced parents shall retain their legal
status and legitimacy; a child conceived or born within three hundred (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; and

() After the filing of the petition for divorce, the spouses shall be entitled to live
separately. The court shall appoint a competent third party as administrator to manage the
absolute community or conjugal partnership property during the pendency of the divorce
proceedings in order to prevent dissipation of the common properties. Prior to the discharge
of the administrator's functions and duties, the administrator shall post a surety bond
approved by the proper Family Court. The administrator shall have the same powers and
duties as those of a guardian under the Rules of Court.

SECTION 15. Support for Children. The proper Family Court shall provide for child
support pursuant to the pertinent provisions of the Family Code. The court shall give the paramount
consideration to the best interest of the children in accordance with Article 194 of the Family Code
of the Philippines.

In considering the award of support, the proper Family Court shall consider relevant
circumstances of the case, and of the parties. On application of either party, the proper Family
Court may order an increase or decrease in the amount of support upon showing of a substantial
and material change of circumstances. In case the offending spouse is an overseas Filipino, a copy
of the order to grant spousal and child support shall be furnished to the Department of Migrant
Workers and the overseas Filipino’s employer for compliance.



SECTION 16. Custody and Support Pendente Lite. During the pendency of the petition
and in the absence of adequate provisions in a written agreement between the spouses, the court,
upon application of the proper party, shall provide for spousal support, and the custody and support
of their common children. The court shall give the paramount consideration to the best interest of
the children, as well as their choice of the parent with whom they wish to remain, in accordance
with the Family Code of the Philippines. It shall also provide the appropriate visitation rights of
the other parent.

SECTION 17. Award for Damages. ~ The proper Family Court may, as warranted by
evidence, award actual, moral, and exemplary damages as provided for under the Civil Code of
the Philippines to the offended spouse against the offending spouse.

SECTION 18. Conversion of Pending Petitions. - Parties who have pending petitions
under Articles 36, 45, and 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 19. Reconciliation During the Pendency of the Divorce Proceedings. If the
spouses agree to reconcile during the pendency of the divorce proceedings or before the finality of
judgment of divorce, a corresponding joint manifestation under oath duly signed by them shall be
filed with the same court where the petition for absolute divorce was filed.

Upon hearing of the joint manifestation and the court finds it in order, the petition for
divorce shall be dismissed.

SECTION 20. Reconciliation After the Finality of the Divorce Decree. Even after the
divorce decree is final, the former spouses may agree to reconcile by filing a joint manifestation
before the proper Family Court which issued the divorce decree. Upon hearing of the joint
manifestation and the court finds it in order, the court shall nullify the final decree of divorce and
the parties shall live together without the need of contracting a new marriage.

SECTION 21. Guidelines and Parameters for Reconciliation. The following shall be the
guidelines or parameters for reconciliation:

(@) Any reconciliation during the pendency of the divorce proceedings or after the
finality of the divorce decree shall protect the interests of the concerned children;

(b) The proper Family Court shall exercise due discretion as warranted by evidence
which must protect the offended spouse or the children from future or recurrence of
violence from the offending spouse whether or not to grant the joint manifestation of
reconciliation in the following:

(1) Cases which involve acts of violence against women and their children under
R.A. No. 9262; and

(2) Cases on attempt against the life of the offended spouse, a common child,
ora child of the offended spouse;
(c) When the decree of absolute divorce is nullified upon reconciliation of the parties,

the separation of property or any forfeiture of the share of the offending spouse already
affected shall subsist, unless the spouses agree to revive their former property regime;


(d) The reconciling spouses shall also submit a plan of reconciliation under oath which
shall include the following:

(1) The properties to be contributed anew to the restored regime:
(2) The properties to be retained as separate properties of each spouse;

(3) The names of all their known creditors, their addresses, and the mounts
owing to each;

(4) The joint manifestation and verified plan of reconciliation shall furnished
to the creditors named therein;

(5) After due hearing, the court shall issue an order approving the joint
manifestation and plan of reconciliation which order shall include the protection of
the interest of creditors;

(6) The order shall be registered in the proper registry of deeds; and

(7) The recording of the order in the proper registry of deeds shall not prejudice
any creditor not listed or notified.

SECTION 22. Penalty. — A spouse who is a party to a petition for absolute divorce and
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 Three hundred thousand pesos (PhP300,000.00).

Any offending spouse in default of providing the required spousal support or alimony and
child support under this Act shall be charged with contempt of court and be imposed a fine of:

(a) Fifty thousand pesos (50,000.00) for the first default;
(b) One hundred thousand pesos (P100,000.00) for the second default; and

(©) Two hundred thousand pesos (P200,000.00) each for the third and the succeeding
defaults.

The offending spouse found guilty of indirect contempt of court shall be punished with
imprisonment thereupon until the obligation for spousal and/or child support has been paid.

SECTION 23. Options. The concerned spouse shall have the option to file a petition for
dissolution of marriage, annulment of marriage, or legal separation under Articles 36, 45, and 55,
respectively, of the Family Code of the Philippines or a petition or joint petition for absolute
divorce under this Act.

SECTION 24. Appeals. Within fifteen (15) calendar days from receipt of the decree of
absolute divorce, any of the spouses may file an appeal with the Court of Appeals under the
pertinent provisions of the Rules of Court.

‘A motion for execution pending appeal may be issued by the Court of Appeals upon
application of the appellee. Moreover, the Court of Appeals may dismiss an appeal forthwith once
it finds the same frivolous.

SECTION 25. Community-Based Pre-Nuptial and Post-Matrimonial Programs and
Activities. ‘The National Government shall, through the DSWD, implement community-based pre-
nuptial, reconciliatory phase or cooling-off counseling, and post-matrimonial programs and
activities aimed at strengthening the marital and family life of Filipinos.

These social welfare interventions, which will protect the stability of Filipino families,


shall 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.

SECTION 26. Community-Based Women’s Desk. — The frontline desk in every barangay
stablished under Republic Act No. 9710 shall be readily available and easily accessible to provide
support and assistance to victims, especially women, of all forms of abuse and acts of violence
identified under the said Act and those provided for under Republic Act No. 9262.

SECTION 27. Attomey’s Fees. Subject to the plenary authority of the Supreme Court to
regulate the practice of law, in petitions with no court-assisted petitioner, the attorney's fees,
inclusive of acceptance fee, appearance fees, and success fee, shall not exceed. Fifty thousand
pesos (P50,000) for the entire proceedings. However, the petitioner and counsel can mutually agree
on a higher rate of attorney’s fees.

SECTION 28. Creation of More Positions of Public Attorneys and Family Courts. The
Department of Justice is authorized to create the necessary additional positions for public attorneys
under the Public Attorney’s Office to advocate for court-assisted petitioners.

At the discretion of the Supreme Court, more Family Courts may be created to adjudicate
petitions for absolute divorce.

SECTION 29. Congressional Oversight Committee on the Absolute Divorce Act. There
is hereby created a Congressional Oversight Committee (COC) composed of five (5) members
each from the Senate and the House of Representatives. The members from the Senate and the
House of Representatives shall be appointed by the Senate President and the Speaker, respectively,
with at least one (1) member representing the Minority.

The COC shall be headed by the respective Chairs of the Committee on Health and
Demography of the Senate and the Committee on Population and Family Relations of the House
of Representatives. The Secretariat of the COC shall come from the existing Secretariat personnel
of the Senate and the House of Representatives committees concerned.

The COC shall monitor and ensure the effective implementation of this Act, recommend
the necessary remedial legislation or administrative measures, and shall conduct a review of this
Actevery five (5) years from its effectivity. The COC shall perform such other duties and functions
as may be necessary to attain the objectives of this Act.

(CTION 30. Appropriations. The amount necessary for the initial implementation of this
Act shall be sourced from the savings of the DSWD for the current fiscal year, and the subsequent
amounts necessary for the full implementation of this Act shall be included in the subsequent
annual General Appropriations Acts.

SECTION 31. Implementing Rules and Regulations. The DSWD shall, as lead agency,
together with the Department of Justice, the Philippine Commission on Women (PCW), and the
National Youth Commission (NYC), in consultation with at least two (2) representatives from
women’s organizations with proven track record in women and gender rights advocacy to be
identified by the PCW, and two (2) representatives from children’s organizations with proven track
record in child rights advocacy to be identified by the NYC, promulgate the implementing rules
and regulations within sixty (60) days after the effectivity of this Act.

SECTION 32. 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.


SECTION 33. 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.

SECTION 34. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,