TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENi
S.B. No.
of fljj S-i ra-!ii P
25 AUG 27 AH :28
Ri;cF.iV'F.n i:v.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
EXPANDING THE GROUNDS FOR LEGAL SEPARATION, AMENDING FOR 
THIS PURPOSE CERTAIN PROVISIONS OF EXECUTIVE ORDER NO. 209 OR 
THE "FAMILY CODE OF THE PHILIPPINES" AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Despite the lack of a divorce law in the Philippines and the difficulties of 
obtaining a civil or religious annulment, the modern reality is that growing number 
of Filipinos have effectively severed their marital ties and live outside of officially 
sanctioned conjugal unions.
To ease the burden and personal struggles of Filipinos living under these 
conditions, this bill seeks to encompass this truth by expanding the grounds for the 
filing of a petition for legal separation under E.O. No. 209 otherwise known as the 
"Family Code of the Philippines", such as the deprivation of financial support and 
causing of mental or emotional anguish, and ridicule or public humiliation to the 
petitioner or their common child, among others. Further, the unrealistic obligation to 
observe mutual love and support between spouses shall also be severed once 
separation is finalized. However, the obligation to the common children is explicitly 
stated, to be charged against the offending spouse.
For the welfare of the common children, justice for the aggrieved spouse, and 
future prospects of all family members, the passage of this bill is earnestly sought.
^RCOS


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SEN
S.B. No. 1?G7
o( ti)>’ 
-' ft.iip
25 ftUG 27 All :28
RECEIVED BY;,
Introduced by SENATOR IMEE R. MARCOS
AN ACT
EXPANDING THE GROUNDS FOR LEGAL SEPARATION, AMENDING FOR 
THIS PURPOSE CERTAIN PROVISIONS OF EXECUTIVE ORDER NO. 209 OR 
THE "FAMILY CODE OF THE PHILIPPINES" AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled.
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SECTION 1. Declaration of Policy. - It is the policy of the State to protect
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the sanctity of marriage and to promote the well-being of its citizens. In cases where
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marriage becomes burdensome, abusive, or unhealthy, the State shall endeavor to
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give viable options to individuals and the opportunity for them to start over. The
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State, acting as parens patriae, likewise puts primordial importance to the best
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interest of the children, who shall be saved from having to witness countless
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disagreements, and from possible abusive conduct and emotional abuse from the
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same people who should be taking care of the children.
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SEC 2. Grounds for Legal Separation. - Article 55 of E.O. No. 209, otherwise
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known as the "Family Code of the Philippines", is hereby amended to read, as
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follows:
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"Art. 55. A petition for legal separation may be filed on any of the
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following
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grounds:
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(1) [Repeated] ACTUAL OR THREATENED physical violence or grossly
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abusive conduct directed against the petitioner, a common child, or a child
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of the petitioner;
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(2) XXX
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(3) XXX
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(4) XXX
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(5) Drug addiction or [habitual] alcoholism of the respondent;
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(6) XXX


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(7) XXX
(8) XXX
(9) xxx; or
(10) Abandonment of petitioner by respondent without justifiable cause 
than one year [.];
(11) 
DEPRIVING 
OR 
THREATENING 
TO 
DEPRIVE 
THE
PETITIONER OR THEIR COMMON CHILDREN OF FINANCIAL 
SUPPORT LEGALLY DUE HIM/HER FAMILY, OR DELIBERATELY 
PROVIDING THE PETITIONER'S CHILDREN INSUFFICIENT 
FINANCIAL SUPPORT;
(12) 
DEPRIVING 
OR 
THREATENING 
TO 
DEPRIVE 
THE
PETITIONER OR HIS/HER CHILD OF A LEGAL RIGHT;
(13) INFLICTING OR THREATENING TO INFLICT PHYSICAL HARM 
ON ONESELF FOR THE PURPOSE OF CONTROLLING THE 
PETITIONER'S ACTIONS OR DECISIONS;
(14) ENGAGING IN PURPOSEFUL, KNOWING, OR RECKLESS 
CONDUCT, PERSONALLY OR THROUGH ANOTHER, THAT ALARMS 
OR CAUSES SUBSTANTIAL EMOTIONAL OR PSYCHOLOGICAL 
DISTRESS TO THE PETITIONER OR HIS/HER CHILD; AND
(15) CAUSING MENTAL OR EMOTIONAL ANGUISH, PUBLIC 
RIDICULE OR HUMILIATION TO THE PETITIONER OR HIS/HER 
CHILD, INCLUDING, BUT NOT LIMITED TO, REPEATED VERBAL 
AND EMOTIONAL ABUSE, AND DENIAL OF FINANCIAL SUPPORT 
OR CUSTODY OF MINOR CHILDREN OF ACCESS TO THE 
PETITIONER'S CHILD/CHILDREN."
SEC. 3. A new Article shall be added in E.O. No. 209 to be read, as follows:
"ART. 56. PREFERENCE GIVEN TO OVERSEAS FILIPINO WORKERS 
(OFWS). - PETITIONERS WHO ARE OFWS SHALL BE GIVEN 
PREFERENCE BY THE COMPETENT 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."
SEC. 4. Effects of Legal Separation. - Article 63 of the E.O. No. 209, otherwise 
known as the "Family Code of the Philippines", is hereby amended to read as follows:
"Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other [,btrt 
the marriage bonds shall nct-bc severed];


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(2) 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);
(3) The custody of the minor children shall be awarded to the innocent 
spouse, WITHOUT PREJUDICE TO THE VISITORIAL AND OTHER 
RIGHTS OF THE ERRING SPOUSE, AND subject to the provisions of 
Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the 
innocent spouse by intestate succession BUT SHALL NOT AFFECT THE 
RIGHT OF THE COMMON CHILDREN TO INHERIT FROM THE 
OFFENDING SPOUSE. Moreover, provisions in favor of the offending 
spouse made in the will of the innocent spouse shall be revoked by 
operation of law. (106a)"
FURTHER, THE RIGHTS AND OBLIGATIONS BETWEEN HUSBAND 
AND WIFE UNDER TITLE III OF E.O. NO. 209 OR THE "FAMILY 
CODE OF THE PHILIPPINES" SHALL BE SEVERED UPON FINALITY 
OF THE PETITION FOR LEGAL SEPARATION, WITHOUT 
PREJUDICE TO THE OBLIGATION OF THE ERRING SPOUSE TO 
SUPPORT THE INNOCENT SPOUSE AND THEIR COMMON 
CHILDREN, IN ACCORDANCE WITH ARTICLES 194 AND 195, 
TITLE VIII OF THE SAME CODE."
SEC. 5. All articles in E.O. No. 209 shall be renumbered accordingly.
SEC. 6. Separability Clause. - If, for any reason, any section or provisions 
of this Act is declared unconstitutional or invalid, the other sections or 
provisions not affected thereby shall remain in full force and effect.
SEC. 7. Repealing Clause. - All other laws, decrees, executive orders, 
issuances, rules and regulations, or part thereof inconsistent with this Act are 
hereby likewise repealed or amended accordingly.
SEC. 8. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication either in the Official Gazette or in a 
newspaper of general circulation in the Philippines.
Approved,