Republic of the Philippines RECEIVED

Ff
HOUSE OF REPRESENTATIVES (ure. “UL” 8 Z010
Batasan Hills, Quezon City i

EIGHTEENTH CONGRESS NG
First Regular Session

HOUSE BILL NO. _1143_

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

Legal separation is one of the existing tools under the Family Code of the Philippines whereby a women
suffering from an abusive spouse can opt to use to get out of an atrocious relationship. Itwill 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 to Republic Act 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) and (6) 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 viblence committed, while amendments to Article 55 (6) & (6) are additional grounds related and
‘equated to the previously considered marriage offenses.

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

The urgent passage of this bill is earnestly sought

Cad
IE AS
Worten’s Rarty

FRANCE L. CASTRO ae {ULLAMAT

‘SARAH JANE AC
ACT Teachers Partylist fartylist Bayan Muna Partylist

CARLOS ISAGANI T. ZARATE. Gaah. E

Bayan Muna Partylist Bayan Muna Partylist


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. uate

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

(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 pettioner, a common child, or a child of the pettioner,

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corupt or induce the petitioner, a common child, or a child of the petitioner, to
‘engage in prostitution, or connivance in such coruption or inducement;

(4) Final judgment sentencing the respondent fo imprisonment of more than six years, even if pardoned;
(6) Drug addiction, habitual alcoholism OR EXCESSIVE GAMBLING of the respondents;
(6) Lesbianism, homosexuality, OR BISEXUALITY of the respondent; xxx"

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

Approved,