Senate
of tijf ^fcvftar^
NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
Senate Bill No. p]_S
*22 JUL-7 P5M
RECEIVED BV
Introduced by: Senator Raffy T. Tulfo
"AN ACT AMENDING CERTAIN PROVISIONS OF EXECUTIVE ORDER 209 AS 
AMENDED, IN ORDER TO DEFINE AND INTRODUCE DIVORCE AND FOR
OTHER PURPOSES"
EXPLANATORY NOTE
The State recognizes the sanctity of family life and has the policy to protect 
and strengthen the family as a basic autonomous social institution. It is for this reason 
that it is about time that the Philippines enact a divorce law. The quality of family life 
for spouses who are already In an unhealthy marital relationship is not what was 
envisioned by the State as something that needs protecting. While Executive Order 
No. 209 or the Family Code of the Philippines provides for various remedies for the 
termination of a marital union, those processes have proven to be excessively 
adversarial, tedious, and unjustly expensive, especially for the poor. It is the less 
advantaged who are forced to endure a miserable family life just because of their 
economic circumstance. This divorce law is an act of social justice giving everyone a 
chance at a fresh start.
e^iba Tulfo
Senator


NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
'3' 'V ■ ■ i
of tijc s-T-finir
•22 JUL-7 P5 *44
SENATE
Senate Bill No.
RtCEIVED BY.
Introduced by: Senator Raffy T. Tulfo
"AN ACT AMENDING CERTAIN PROVISIONS OF EXECUTIVE ORDER 209 AS 
AMENDED, IN ORDER TO DEFINE AND INTRODUCE DIVORCE 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. Title II of Executive Order 209 or the Family Code is hereby amended as
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follows -
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Title II
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" Divorce "
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SECTION 2. Article 55 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 55. - Divorce is a judicial termination of marriage returning the parties thereto
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to the civil status of'single' allowing both to contract marriage which may be instituted
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by an aggrieved party to the marriage on the following grounds:
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(1) Repeated physical violence or grossly abusive conducted directed against the 
aggrieved spouse, a common child, or a child of the aggrieved spouse;
(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 aggrieved spouse, a common 
child, or a child of the aggrieved spouse, to engage In prostitution, or 
connivance In such corruption or inducement;
(4) Final Judgment sentencing the offending spouse to imprisonment of more 
than six years, even If pardoned;
(5) Drug addiction or habitual alcoholism of the offending spouse;


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(6) Homosexuality of the offending spouse;
(7) Contracting by the offending spouse of a subsequent bigamous marriage or a 
second marriage with another person abroad;
(8) Sexual perversion of the offending spouse subjecting the aggrieved spouse, a 
common child, or a child of the aggrieved spouse;
(9) Attempt by the offending spouse against the life of the aggrieved spouse;
(10)
Marital Infidelity of the offending spouse;
(11) 
Abandonment of the offending spouse without justifiable cause for 
more than one year;
(12) 
Commission of any of the punishable acts of Republic Act No. 9262 as 
amended or the Anti-Violence Against Women and their Children Act of 2004;
(13) 
Commission of any of the punishable acts of Republic Act No. 7610 as 
amended or the Special Protection of Children Against Abuse, Exploitation, 
and Discrimination Act";"
SECTION3. Article 56 of Executive Order 209 or the Family Code Is hereby amended 
as follows -
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"Article 56. Divorce shall be denied on any of the following grounds:
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(1) Where the offended spouse has condoned the offense or act complained of in
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a written public document.
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(2) Where the offended spouse has consented to the commission of the offense or
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act complained of.
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(3) Where there is connivance between the parties in the commission of the offense
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or act constituting the grounds for divorce;
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(4) Where there is collusion between the spouses to falsify any ground to acquire
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a decree of divorce;
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(5) Where the action is barred by prescription."
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SECTION 4. Article 57 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 57. An action for divorce shall be filed within five years from the time of the
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occurrence of the cause or within five years from the discovery of the cause whichever
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is later."


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SECTION 5. Article 58 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 58. An action for divorce shall in no case be tried before sixty (60) days have
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elapsed since the filing of the petition."
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SECTION 6. Article 59 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 59. No divorce shall be decreed unless the Court has directed the parties
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thereto to any form of Alternate Dispute Resolution and such method has failed."
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SECTION 7. Article 60 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 60. No decree of divorce shall be based upon a stipulation of facts or a
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confession of j udg ment."
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SECTION 8. Article 61 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 61. After the filling of the action for divorce, the spouses shall be entitled to
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live separately from each other.
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In the absence of a written agreement, the court shall designate either of the spouses
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or a qualified third person to administer the absolute community or conjugal
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partnership property. The administrator appointed y the court shall have the same
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powers and duties as those of a guardian under the Rules of Court."
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SECTION 9. Article 62 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 62. During the pendency of the action for divorce the provisions of Article 49
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shall likewise apply to the support of the spouses and the custody and support of the
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common children."
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SECTION 10. Article 63 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 63. The decree of divorce shall have the following effects:
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(l)The spouses In the divorce shall have their marriage bonds severed returning
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them to the civil status of single allowing either to contract marriage anew.
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(2) The absolute community or conjugal partnership shall be dissolved and
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liquidated.
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(3) The custody of the minor children shall be awarded to the innocent spouse
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subject to the provisions of Article 213 of this code; and
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(4) The offending spouse shall be disqualified from inheriting from the innocent
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spouse by intestate succession. Moreover provisions in favor of the offending
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spouse made in the will of the offended spouse shall be revoked by operation
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of law.


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SECTION 11. Article 64 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 64. After the finality of the decree of divorce, the Innocent spouse may revoke
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donations made by him or her in favor of the offending spouse as well as the
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designation of the latter as beneficiary In any Insurance policy, even if such designation
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be stipulated as irrevocable. The revocation of the donations shall be recorded in the
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registries of property in the places where the properties are located. Alienations liens
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and encumbrances registered in good faith before the recording of the complaint for
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revocation In the registries of property shall be respected. The revocation of or change
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in the designation of the insurance beneficiary shall take effect upon written
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notification thereof to the insured."
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SECTION 12. Article 65 of Executive Order 209 or the Family Code is hereby amended
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as follows -
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"Article 65. Upon finality of a divorce decree, reconciliation between the parties shall
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have no legal effect and the marital relation shall remain severed. Parties to a divorce
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that has reached finality are not barred to enter into marriage with each other after
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obtaining a decree of divorce."
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SECTION 13. Article 66 and Article 67 of Executive Order 209 or the Family Code is
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hereby repealed.
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SECTION 14. Separability Clause. - If any section or provision of this Act is held
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unconstitutional or Invalid, the other sections or provisions shall not be affected.
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SECTION 15. Repeating Clause - All laws, Presidential decrees, executive orders and
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rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
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hereby repealed or modified accordingly.
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SECTION 16. EfTectivity-~W\\s Act shall take effect fifteen (15) days from the date of
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its complete publication in the Official Gazette at least two (2) newspapers of general
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circulation.
Approved,