TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 14
25 JUL-2 P4:26
Introduced by Senator Robinhood Padilla
AN ACT
EXPANDING THE GROUNDS FOR DISSOLUTION OF MARRIAGE, 
INSTITUTING DIVORCE AND SETTING THE PROCEDURES THEREOF, 
PROVIDING PROTECTIONS TO THE PARTIES TO THE MARRIAGE AND ITS 
COMMON CHILDREN, AMENDING FOR THIS PURPOSE EXECUTIVE ORDER 
NO. 209, OR THE FAMILY CODE OF THE PHILIPPINES
EXPLANATORY NOTE
Section 12, Article II of the 1987 Constitution guarantees the recognition of the 
sanctity of family life and endeavors the protection of the family as a basic autonomous 
social institution. By definition, a family constitutes the relations between husband and 
wife, parent and child, among other ascendants and their descendants, and brothers 
and sisters. The U.N. Human Rights Committee also declares the importance of 
acknowledging the various forms of a family including unmarried couples and their 
children and single parents and their children.
Hence, in implementing the policy of the State to recognize the sanctity of 
family life, it must be duty-bound to promote and strengthen the well-being of its 
members. This duty should extend to cases of irremediably failed marriages that bring 
sorrow, pain, and other detrimental effects to families.
This bill rests upon the view that the dissolution of marriages marred by 
unhealthy, abusive, and even unhappy relations will protect the well-being of family 
members, especially of the children bearing the misery of the troubled marriage. This 
legal recourse is demanded when there is a dearth of love, respect, and support 
between married couples without sacrificing the very essence and spirit of a family.


The continuous lack of legislation for the dissolution of marriage in the country 
traps individuals in a supposed union that has long been destroyed and can at times 
be abusive especially to women, as well as expose the children to a prolonged and 
constant marital clash affecting their overall well-being. The dissolution of unions is 
also unlikely to slow down with annulment and nullity cases averaging over 10,000 
from 2013 to 2017.1
To date, the Philippines stands solitary in the world, aside from Vatican City, as 
the only country where divorce is not legal. Meanwhile, a growing number of our 
population is becoming more receptive to the legalization of divorce, with an average 
of 53% of adult Filipinos responding positively to its application for irreconcilably 
separated couples based on a 2017 survey.2
The growing acceptance of divorce helps in reducing the stigma and opens the 
discourse on how we can redress an otherwise irreparable marriage to the best 
interest of the family. It also upholds the policy of the State to promote and protect 
the well-being of its citizens.
In view of the foregoing, the approval of this bill is earnestly sought.
ROBIN
OD C. PADILLA
Senator
1 Office of Solicitor General. “Number of Annulment and Nullity Cases filed for the last 10 Years. ” Retrieved 
from https://www.osg.gov.ph/documents/open-data/mrcwithdecisions.pdf
2 Social Weather Stations (9 March 2018). Retrieved from the 
http://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180309165548


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14
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
25 JUL-2 P4:26
SENATE 
S. No. 14
Introduced by Senator Robinhood Padilla
AN ACT
EXPANDING THE GROUNDS FOR DISSOLUTION OF MARRIAGE, 
INSTITUTING DIVORCE AND SETTING THE PROCEDURES THEREOF, 
PROVIDING PROTECTIONS TO THE PARTIES TO THE MARRIAGE AND ITS 
COMMON CHILDREN, AMENDING FOR THIS PURPOSE EXECUTIVE ORDER 
NO. 209, OR THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Dissolution of Marriage
Act".
Sec. 2. Declaration of Policy. - While the State continues to recognize the 
sanctity of family life and endeavors to protect and strengthen the family as a basic 
autonomous social institution, it is also dutybound to safeguard the dignity of every 
human person, guarantee full respect for human rights, uphold the fundamental 
equality before the law of men and women and protect and ensure the best interest 
of children as the paramount consideration in all matters concerning them.
Towards this end, the State shall adopt a divorce policy in keeping with the 
fundamental freedoms guaranteed under the Constitution, the rights guaranteed 
under the Universal Declaration of Human Rights, the International Convention of Civil 
and Political Rights, the Convention on the Elimination of All Forms of Discrimination 
against Women, Convention on the Rights of the Child, and other International Human 
Rights Instruments of which the Philippines is a party.


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Act:
Sec. 3. Guiding Principles. - The following shall be the guiding principles of the
a. Recognizing the family as the foundation of the nation, the State shall 
afford the family necessary protection and assistance to ensure that it is 
an environment conducive to the growth and well-being of all its 
individual members so that it can fully assume its responsibilities within 
the community.
b. The inherent dignity and the equal and inalienable rights of all members 
of the family, the protection of all persons from abuse and violence, 
gender equality, and the best interests of children are the fundamental 
guiding principles of this legislation and shall be read alongside the 
responsibility of the State to protect and strengthen the family as an 
autonomous social institution.
c. Absolute divorce shall be judicially decreed based on grounds that 
existed before or after the celebration of a valid marriage.
d. The State shall assure that the court proceedings for the grant of 
absolute divorce shall be affordable, expeditious, and inexpensive, 
particularly for indigent litigants.
e. A divorce decree shall include provisions for the care and custody of 
children, termination, and liquidation of the absolute community or the 
conjugal partnership of gains, and spousal support for the aggrieved 
spouse. In resolving issues of child custody, visitation, and support, 
issues of sexual orientation, gender identity or expression, and sexual 
characteristics will not be made a factor in deciding the award/s.
f. In the invocation of the grounds for absolute divorce, the provisions of 
this act shall not be construed as permitting any form of discrimination 
on the basis of age, racial or ethnic origin, religious belief or activity, 
cultural practices, political inclination or conviction, social class, sex, 
gender, sexual orientation, gender identity and expression, sexual


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characteristics, maritai or reiationship status, disabiiity, migrant status. 
HIV status, heaith status or medicai history, ianguage, physicai features, 
or other status.
Sec. 4. Definition of Terms. -
a. Absoiute divorce refers to the iegai termination of a marriage by a court 
in a iegai proceeding, requiring a petition or compiaint for divorce by one 
or both party/ies, which wiii have the effect of returning both parties to 
the status of singie for aii iegai intents and purposes, inciuding the right 
to contract a subsequent marriage;
b. Best interest of the chiid refers to the totaiity of the circumstances and 
conditions most congeniai to the survivai, protection, and feeiings of 
security of the chiid, and most encouraging to their physicai, 
psychoiogicai, and emotionai deveiopment. It aiso means the ieast 
detrimentai avaiiabie aiternative for safeguarding the growth and 
deveiopment of the chiid;
c. Chiid refers to a common chiid of the spouses beiow eighteen (18) years 
of age or eighteen (18) years and oider but is incapabie of taking care 
of oneseif as defined under Repubiic Act No. 7610, as amended, and 
shaii inciude an offspring by iegai adoption or one whose custody and 
care is judiciaiiy decreed to be given to a guardian;
d. Chiid custody refers to the parentai authority and care of a chiid as 
decreed by a proper court when the parents of the chiid are divorced;
e. Indigent iitigant refers to one whose gross income, inciuding that of the 
spouse, if married, does not exceed an amount doubie the monthiy 
minimum wage of an empioyee;
f. Marriage annulment or dissolution refers to a marriage duiy soiemnized 
by a priest, imam, rabbi, or presiding eider of a church or reiigious entity, 
or duiy soiemnized or performed by an eider or ieader of an indigenous 
cuiturai community (ICC) or indigenous peopie (IP) in the Phiiippines,


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which is subsequently annulled, dissolved, declared a nullity, or 
terminated in a final judgment or pronouncement in accordance with the 
canons or precepts of such church, religious entity, or customs and 
practices of ICCs or IPs;
g. Migrant worker refers to a person who is to be engaged, is engaged, or 
has been engaged in remunerated activity in a state of which he or she 
is not a citizen or on board a vessel navigating the foreign seas other 
than a government ship used for military or non-commercial purposes 
or on an installation located offshore or on the high seas; to be used 
interchangeably with overseas Filipino worker;
h. Mixed Marriage refers to a marriage between a Filipino citizen and a 
foreigner that is validly celebrated abroad or in the Philippines;
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Support refers to the amount indispensable for sustenance, dwelling, 
clothing, medical attendance, education and transportation, in keeping 
with the financial capacity of the family. The education of the person 
entitled to be supported shall include his schooling or training for some 
profession, trade or vocation, even beyond the age of majority. 
Transportation shall include expenses in going to and from school, or to 
and from place of work;
j. Proper courtxefers 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; and
k. Separation refers to the absolute cessation of marital relations, duties, 
and rights.
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Sec. 5. Grounds. - Either or both spouses may seek a judicial decree of
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absolute divorce based on the following grounds:
a. Five years of separation, whether continuous or broken, without a 
judicial decree of separation: Provided, That when the spouses are


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legally separated by judicial decree under Article 55 of the Family Code
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of the Philippines, a two (2)-year period from the time of the issuance
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of the decree of legal separation will suffice;
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b. The commission of the crime of rape by the respondent-spouse against
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the petitioner-spouse, whether before or after the celebration of their
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marriage;
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c. The grounds for legal separation under article 55 of the Family Code or
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any other special law: Provided, That physical violence or grossly abusive
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conduct under article 55(1) need not be repeated: Provided, further,
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That lesbianism and homosexuality per se under article 55(6) shall not
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be a ground, unless either or both spouses commit marital infidelity;
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d. A final decree of absolute divorce validly obtained in a foreign jurisdiction
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by any Filipino citizen, regardless of who they married;
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e. Irreconcilable marital differences or irreparable breakdown of the
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marriage, despite earnest efforts at reconciliation, subject to a cooling-
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off period of sixty (60) days pursuant to Section 8 of this Act; and
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f. A marriage annulment or dissolution, duly authorized by a church or
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religious entity, or a marriage termination duly authorized by customs
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and practices traditionally recognized, accepted and observed by an ICC
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or IP to which the parties belong, having the same effect as a decree of
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divorce, annulment, dissolution or declaration of nullity issued by a
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competent court.
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Sec. 6. Procedure For Obtaining Absoiute Divorce. - The established and
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recognized procedures for securing legal separation, annulment of marriage and
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voiding of a marriage under the Family Code of the Philippines shall, as far as
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practicable, govern the process of obtaining a judicial decree of absolute divorce from
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the proper famiiy court which shall be commenced by the filing of a verified petition
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for absolute divorce by the petitioner-spouse or petitioner-spouses. A petition for
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absolute divorce may be filed separately or jointly by the spouses on the basis of


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Section 5 of this Act. A joint petition filed by both spouses with common children
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should be accompanied by a joint plan for parenthood which provides for the support,
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custody, and living arrangements of the common children. If the court determines
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that the joint plan for parenthood is adequate to protect the rights and interests of
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the common children, the court shall approve the joint plan for parenthood together
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with the grant of a divorce decree if warranted.
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For the recognition of customs and practices of ICC or IP having the same effect
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as a decree of divorce, annulment, dissolution or declaration of nullity, any
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independently-verifiable proof of such customs or practices, and of the membership
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of the spouses in an ICC or IP, will be admissible in evidence. The conduct of online
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filing and hearings may be available to OFWs, subject to issuances of the Court. Ali
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creditors of the absolute community or of the conjugal partnership of gains, as well
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as the personal creditors of the spouses, shall be listed in the petition for absolute
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divorce.
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Sec. 7. Indigent Litigants. - Upon application by the petitioner-spouse and
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presentation of evidence of indigency, the court shall waive the payment of filing fees
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and other costs of litigation, and shall appoint a counsel de officio assign social
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workers, psychologists, and psychiatrists, preferably from appropriate government
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agencies, to assist the petitioner and the common children of the parties.
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In evaluating evidence of indigency, the court may take into consideration the
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petitioner's independent source of income, property, and capacity to afford the
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services of counsel after considering his or her basic necessities for himself or herself
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and his or her family. The court may also consider if the petitioner is from a
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marginalized group or entity and is not financially able to afford the services of counsel
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under the circumstances, such as in the case of farmers, indigenous peoples, victims
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of gender violence, and other similar causes.
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Evidence of indigency shall include but is not limited to the following:
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a. An affidavit of indigency stating no income or insufficiency of income;
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b. The latest income tax return or pay slip;


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c. Certificate of Indigency from the Public Attorney's Office;
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d. Certificate of Indigency from the Department of Social Welfare and
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Development (DSWD) having jurisdiction 
over the residence 
of the
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litigant;
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e. Certificate of Indigency and/or no income from the Office of the Punong
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Barangay/ Barangay Chairperson having jurisdiction over the residence
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of the litigant; and
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f. Other proof of net income.
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Sec. 8. Mandatory Cooling-Off Period. - An action for absolute divorce shall in
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no case be tried before sixty (60) days from the filing of the petition on the ground of
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irreconcilable differences.
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Sec. 9. When A Divorce Is Secured In Any Other Country. - In a marriage where
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one or more of the parties is a foreign national, either or both spouses may seek
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judicial recognition or enforcement of the foreign decree dissolving a marriage in
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accordance with existing laws and rules, provided, that the spouse who did not
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participate in the divorce proceedings may seek relief in the proper court with respect
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to the incidents of the judgment.
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Sec. 10. Effects of Absolute Divorce. - The decree of absolute divorce shall
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have the fol lowi ng effects;
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a. The marriage bonds shall be 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 court in 
accordance with the best interests of the children upon the 
recommendation of a registered social worker. In no case will child 
custody be given to the offender-spouse when the ground/s for the 
divorce falls under Article 55, paragraphs (1), as herein modified, (2), 
(3), (4), (5), (7), (8), (9), and (10) of the Family Code of the Philippines.


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c. 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 divided between the spouses.
d. The liabilities of the spouses to creditors for family expenses shall remain 
solidary.
e. Donations by reason of marriage shall remain valid, except that if the 
donee is an offender-spouse under article 55, paragraphs (1), as herein 
modified, (2), (3), (4), (5), (7), (8), (9), and (10) of the Family Code of 
the Philippines, such donations made to said donee are revoked by 
operation of law;
f. Either spouse may revoke the designation of the other spouse as 
beneficiary in any insurance policy, even if such designation be 
stipulated as irrevocable.
g. With respect to testate and intestate succession, the divorced spouses 
shall no longer be compulsory heirs to one another.
h. The legitimate, legitimated, and adopted children of divorced parents 
shall retain their legal status and legitimacy. Children conceived or born 
prior to the finality of the divorce decree shall be considered legitimate.
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Sec. 11. Support. - The court shall provide for child support pursuant to the
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pertinent provisions of the Family Code.
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The court shall provide for spousal support: Provided, That the spouse who
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gave cause for divorce shall not be entitled to spousal support.
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In considering the award of support, the court shall consider relevant
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circumstances of the case and of the parties. On application of either party, the court
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may decree an increase or decrease in the amount of support upon a showing of a
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substantial and material change of circumstances.
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In case the respondent-spouse is an OFW, a copy of the order to grant spousal
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support, if any, and child support shall be furnished to the Overseas Workers Welfare
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Administration (OWWA) and the Department of Migrant Workers (DMW).


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Sec. 12. Custody And Support Pendente Lite. - During the pendency of the
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action and in the absence of adequate provisions in a written agreement between the
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spouses, the court, upon application of the proper party, shall provide for the support
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of the spouses and the custody and support of their common children. It shall also
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provide the appropriate visitation rights of the other parent.
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Sec. 13. Recognition Of Reconciliation. - If the spouses have agreed to
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reconcile at any time, the procedure under Articles 65 and 66 of the Family Code of
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the Philippines shall apply.
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Sec. 14. Penalties. - Any person who fails to provide court-ordered child
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support and/or court-ordered spousal support, shall be punished by prision mayor^nd^
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shall be fined in the amount of one hundred thousand pesos (Php 100,000.00) to not
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more than three hundred thousand pesos (Php 300,000.00) on top of unpaid child
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support and/or spousal support with compounding legal interest computed from date
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of default until full payment. Interest due on the principal amount accruing as of
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judicial demand shall separately earn legal interest accruing from date of demand until
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full payment.
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Notwithstanding other laws to the contrary, the court shall order an appropriate
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percentage of the income or salary of the respondent to be withheld regularly by the
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respondent's employer for the same to be automatically remitted directly to the other
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spouse. Failure to remit and/or withhold or any delay in the remittance of support to
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the other spouse and/or their common children without justifiable cause shall render
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the respondent and/or their employer liable for indirect contempt of court.
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Sec. 15. Appeals. - A decree of divorce validly obtained is final and executory
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insofar as the capacity to remarry is concerned. Orders for child support, child custody
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and spousal support are immediately executory pending appeal. Either of the parties
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may file at any time for a motion to review orders of child support, custody, and
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spousal support, on the ground of a material change in the factual circumstances upon
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which the orders of child support, custody and spousal support were predicated. The
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court that granted the decree of divorce shall have jurisdiction over the motions for
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review.


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Sec. 16. Implementing Rules and Regulations. - The Department of Justice
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(DOJ) as lead agency, together with the Department of Social Welfare and
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Development (DSWD), the Philippine Commission on Women (PCW), the Department
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of Foreign Affairs (DFA), the Department of Interior and Local Government (DILG),
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the Council for the Welfare of Children, the Office of the Solicitor General (OSG), one
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representative from a women's organization with proven track record in women and
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gender rights advocacy identified by the PCW, one representative from a children's
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organization with proven track record in child rights advocacy to be identified by the
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CWC, and two gender and family law experts from the UP Law Center shall promulgate
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the Implementing Rules and Regulations (IRR) within sixty (60) days after the
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effectivity of this Act.
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Sec. 17. Separability Clause. - If any provision or part hereof is held invalid or
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unconstitutional, the remaining provisions not affected thereby shall remain valid and
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subsisting.
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Sec. 18. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, rule or regulation contrary to or
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inconsistent with the provisions of this Act is hereby repealed, modified or amended
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accordingly.
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Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in any two (2) newspapers of general circulation
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in the Philippines.
Approved,
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