Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 2144

Introduced by: HON. MA. AMELITA CALIMBAS - VILLAROSA

EXPLANATORY NOTE

The sanctity of marriage and the solidarity of the family had been the
cornerstones of our society since the beginning of time. Attempts to undermine
the same arise every so often disguised as mechanisms for gender equality.
Many partisan groups exploit women issues and claim to be protective of feminist
interests but forget that reckless disregard for the solemnity of marriage leave
children at the losing end. Breakdown of marriage leads to breakdown of the
family and, to stress the unnecessary, the ultimate result is breakdown of society.

Hence, the popular clamor for divorce is not the answer to our worsening societal
woes. Instead, there is simply a need to make the grounds for legal separation
more responsive to the problems that beset modern Filipino households while
retaining the strict legal requirements in procedure and evidence before a
marriage can be dissolve via a declaration of psychological incapacity so as not
to downgrade the importance of the family as a basic autonomous social
institution. Flimsy reasons such as irreconcilable incompatibility should not be
‘sufficient to dissolve what would otherwise be lifelong union.

This Bill thus propose to expand the grounds for legal separation at the same
time making the concurrence of at least five such grounds as prima facie
indication of psychological incapacity which, in turn, is a grounds for declaration
of nullity of marriage. Let it be made clear that the intention is not to make a
conclusive but a rebuttable presumption only, subject to confirmatory diagnosis
by experts in the field of psychiatry and/or clinical psychology.

In view of foregoing, approval of this measure is earnestly recommended.

MELITA A. CALIMBAS - VILLAROSA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BILLNO.__ 2144

Introduced by: HON. MA. AMELITA CALIMBAS - VILLAROSA

AN ACT
EXPANDING THE GROUNDS FOR LEGAL SEPARATION AND
CONSTITUTING A COMBINATION THEREOF AS PRIMA FACIE INDICATION
OF PSYCHOLOGICAL INCAPACITY, AMENDING FOR THE PURPOSE,
ARTICLES 36 AND 55 OF THE FAMILY CODE OF THE PHILIPPINES.

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

SECTION 1 Article 36 of Executive Order No. 209, otherwise known as
the Family Code of the Philippines, is hereby amended to read as follows:

Art. 36. A marriage contracted by any party, who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligation of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.

A combination of at least five (5) of the grounds for legal separation
enumerated under Article 55 that becomes manifest during the marriage shall
constitute prima facie indication of psychological incapacity

SECTION 2. Article 55 of the same statute is hereby amended to read as
follows:

Art. 55. A petition for legal separation may be filed on any of the
following grounds:

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 Political affiliation;

3. 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


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. Sexual infidelity or perversion, including the act_forcing the
petitioner to engage in sexual intercourse through violence and

intimidation;

9. Affliction _of the respondent of a sexually transmissible disease
regardless of its nature, whether or not passed on to the petitioner;

10. Attempt by the respondent against the life of the petitioner, his or

her descendants or ascendants, brothers or sisters whether of the
full or half — blood;

11. Uniustifiable refusal _of the respondent to provide support to the
petitioner and/or their common children;

12. Uniustifiable reluctance of the respondent to engage in a decent
occupation or means of livelihood;

13.Abandonment of petitioner by the respondents without justifiable
cause for more than one year.

For purpose of this Article, the term “child” shall include a child nature or
by adoption.

SECTION 3. This Act shall take effect immediately upon approval

Approved,