Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. ____
Introduced by ANG PROBINSIYANO
Party-List Representative Alfred Delos Santos
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.
Executive Order No. 209, s 1987 or the Family Code of the Philippines was
enacted
into
law
in
1987—thirty-five
years
ago.
Significant
strides
and
revisions
to
laws
have
been
made
to
reflect the current values of the
generation. It is high time, then, that the laws are revised to respond to the
present condition. Appropriate interventions and legal remedies must consider
the realities for victim-survivors that recognizes the sexual abuse and focuses
on violence and abusive conduct.
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 physical violence must be repeated or the abusive conduct
should be gross, putting the life of the victim at risk; and (2) it does not
recognize other forms of violence and abuse which is what usually happens in
the privacy of homes.
Waiting for the abuse to happen multiple times and in a grave manner for it to
be grounds for legal separation is unacceptable. Victim-survivors do not
deserve to endure the pain and suffering of having to stay in an unsafe home
with their abuser. Once is already way too many. Research demonstrates that
without
intervention,
domestic
violence
increases in both frequency and
severity.1 This seemingly innocuous wording of this ground undermines a
married person’s right to physical security. It 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 or the severity of the abuse.2 It is clear that violence
should be stopped at the first instance and abusers should not be allowed to
take refuge behind gaps in the law.
Amending the provision guarantees that survivors are provided sufficient
protection under the law, consistent with contemporary laws such as Republic
2 Date accessed: 03 March 2022. Accessed from:
https://pcw.gov.ph/assets/files/2019/10/PCW-WPLA-PB-04-Amending-the-Family-Code-Provision-on-Legal-Separation-AEB-l.pdf?x25110;
1 Date accessed: 19 September 2022 from
https://www.unodc.org/documents/southeastasiaandpacific/vietnam/publication/Trainee_manual_in_English_6-5-11_.pdf
1
September 23, 2022
2:17 pm
5124


Act 9262 or the Anti-Violence Against Women and their Children Act. Allowing
the survivors to reclaim their sense of safety and security.
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 are more vulnerable to these kinds of abuse,
especially at the Philippine Commission on Women, (n.d.). “Recognizing Sexual
Abuse and Focusing on the Violence and Abusive Conduct as Grounds for
Legal Separation” especially at the wake of the pandemic.3
In view of the foregoing, the immediate passage of this bill is earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
3 Baron, Gabriela. (19 November 2021). “COVID-19 Pandemic Worsens Violence A.gainst Women, Girls—
GABRIELA”. Manila Bulletin. Accessed from: https://mb.com.ph/2021/11/19/covid-19-pandemic-worsensviolence-against-women-girls-gabriela/
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
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 House of Representative of the Philippines in
Congress assembled:
Section 1. Grounds for Legal Separation — Article 55 of E.O. No. 209,
otherwise known as “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)
[Repeated
physical]
ANY
FORM
OF
GENDER
BASED
DOMESTIC
violence,
or
[grossly] ABUSIVE CONDUCT directed
against the petitioner, a common child, or a child of the petitioner;
X X X."
Section 2. Repealing Clause. - All laws, decrees, orders, and issuances,
or portions thereof, which are inconsistent with the provisions of this Act, are
hereby repealed, amended, or modified accordingly.
Section 3. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general
circulation.
Approved,
3
5124