EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
r,j<
if see cf t’j?
Introduced by Senator Grace Poe
AN ACT
AMENDING THE GROUNDS FOR LEGAL SEPARATION UNDER ARTICLE 55 
OF THE FAMILY CODE OF THE PHILIPPINES
Explanatory Note
One of the commitments which the Philippines signed and ratified under the 
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 
is the legislation of appropriate measures to eliminate discrimination against women in 
all matters relating to marriage and family relations. Further, CEDAW General 
Recommendation No. 19 suggests that State Parties review their laws and policies 
relating to gender-based violence.
To this end, we seek to update the current enumeration of grounds for legal 
separation under Article 55 of the Family Code of the Philippines. As it stands now, the 
provision requires repeated physical violence or grossly abusive conduct in order to 
justify a legal separation. The wording is problematic because (1) the abuse must be 
repeated or grossly abusive sexual abuse, putting the life of the victim at risk; and (2) it 
does not recognize sexual abuse which is what usually happens in the privacy of homes.
Under the Civil Code, any physical violence less than an attempt on the life of 
the other spouse is not a ground for legal separation. A husband who physically 
manhandles the wife every time he is drunk without intent to kill was not a ground for 
legal separation.1 This ground was retained in Article 55 of the Family Code as one of 
the grounds for legal separation. While the enumeration of grounds under the same 
Article has recognized attempts on the life of the spouse without intent to kiss as 
sufficient to grant legal separation, it has required proof of repetitiveness and gross 
abuse from the victim to legally separate from an abusive spouse.
Rodriguez, Ruilis B.. The Family Code o f the Philippines Annotated. 3rd. ed. citing Munoz v. Del 
Barrio 51 O G # 10 p. 5217 (CA). pp. 118-119.


The seemingly innocuous wording of this ground has put undue burden on 
victim spouses who would have wanted to legally separate from their abusers but could 
not do so until they are physically and emotionally battered due to multiple instances of 
abuse. Why should we wait until abuse has become repetitive or gross? We should stop 
abuse at the first instance and we should not allow abusers take refuge behind gaps in 
the law.
While the proposed amendment will apply to both spouses regardless of gender, 
the updating of the grounds for legal separation will undoubtedly benefit women more 
as they comprise the majority of reported domestic violence cases.2
In view of the foregoing, the immediate passage of this bill is earnestly sought.
GRACE POE
1 Philippine Commission on Women Policy Brief No. 7, “Recognizing Sexual Abuse and Focusing on 
the Violence and Abusive Conduct as Grounds fo r Legal Separation: Amending the Family Code Provision on 
Legal Separation”, Retrieved on 28 February 2017: http://pcw.gov.ph/wpla/recognizing-sexual-abuse-andfocusing- 
violence-and-abusive-conduct-grounds-legal-separation-amending-family-code-provision-legalseparation


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1498
(i'ffit? r.'f 
iptmp
20 ‘lAY -■
Introduced by Senator Grace Poe rece! ;l’> n-
AN ACT
AMENDING THE GROUNDS FOR LEGAL SEPARATION UNDER ARTICLE 55 OF 
THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Republic of 
the Philippines in Congress assembled:
1 
SECTION. 1. Article 55 of the Family Code of the Philippines is hereby amended
2 
to read as follows:
3 
Article 55, A petition for legal separation may be filed on any of
4 
the following grounds;
5 
1. [Repeated] physical AND/OR SEXUAL VIOLENCE,
6 
[grossly] OR ABUSIVE CONDUCT directed against the petitioner, a
7 
common child, or a child of the petitioner, xxx
8 
Sec. 2. Separability Clause. If any provision or part hereof is held invalid or
9 
unconstitutional, the remaining parts or provisions not affected shall remain in full force
10 
and effect.
11 
Sec. 3. Repealing Clause. - All laws, decrees, orders, and issuances, or portions
12 
thereof, which are inconsistent will the provisions of this Act, are hereby repealed,
13 
amended or modified accordingly.
14 
SEC. 4. EffectMty Clause. -This Act shall take effect fifteen (15) days after its
15 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,