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House of Representatives
Quezon City, Metro Manila

Nineteenth Congress £
Third Regular Session :

HOUSE BILL NO. 21261

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Introduced by Representative Rosanna “Ria” V. Vergara

EXPLANATORY NOTE

This bill seeks to redefine the effects of legal separation, amending for the
purpose the Executive Order No. 209, Series of 1987, otherwise known as “The
Family Code of the Philippines.”

Legal separation is a legal remedy provided under the Family Code for
married couples who want to live apart without dissolving the marriage. This
remedy grants spouses the right to live separately from each other and be
released from their marital duties and obligations. It does not dissolve the
marriage tie, but it separates the property regime. There are ten grounds
for legal separation, provided in Article 55 of the Family Code. These are
separate from the grounds for annulment and grounds for the declaration of
nullity of marriage.

Unlike in the annulment of marriage where the marriage bond is severed,
in legal separation, the spouses may live separately from each other but not free
to contract subsequent marriages because the marriage bond is not severed.

There is a need to redefine the effects of legal separation. While the
Constitution recognizes marriage as the foundation of the family and the
primary institution of society, the reality, however, is that not all marriages are
successful. Many married individuals suffer domestic abuses committed by
their spouses.

Under the existing legal framework, individuals who obtained a decree
of legal separation are not allowed to remarry. When a decree of separation has

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been issued and the marriage has been irretrievably broken, spouses live a
separate and independent life. All of them desire happiness and some of them
wish to remarry. Each one should have a chance at finding happiness and a
peaceful life. It is unjust to deny legally separated persons or victims of the
grounds of legal separation a chance to be legally married to another person and
remain married to someone they are no longer living with.

What is envisioned here is to give a second chance to married couples
whose marriage ties have been beset with insurmountable problems rendering
their marital life irreparably broken. Under this bill, spouses who obtain a
decree of legal separation may be allowed to remarry another person after a
lapse of time, subject to some conditions that will protect the rights of the
common children and creditors who might be affected by the remarriage.

This amendment will not only provide justice and fairness to affected
individuals but will also align our laws more closely with modern societal

values and the principles of human rights.

In view of the foregoing, approval of this bill is earnestly recommended.

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Ri INA “RI . VERGARA


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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
Third Regular Session

HOUSE BILL NO. _11261

Introduced by Representative Rosanna “Ria” V. Vergara

AN ACT
REDEFINING THE EFFECTS OF LEGAL SEPARATION, AMENDING
FOR THE PURPOSE THE EXECUTIVE ORDER NO. 209, SERIES OF
1987, AS AMENDED, OTHERWISE KNOWN AS “THE FAMILY CODE
OF THE PHILIPPINES”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 63 of Executive Order No. 209, amending for the
purpose the Executive Order No. 209, Series of 1987, as amended, otherwise
known as “The Family Code of the Philippines” is amended to read as follows:

“Art. 63. The decree of legal separation shall have the
following effects:
“(1) The spouses shall be entitled to live separately from

each other, [but-the-marriage-bonds-shall net-be-severed;] AND

AFTER TWO (2) YEARS FROM THE DATE OF THE

DECREE OF LEGAL SEPARATION, MAY ENTER INTO

A CONTRACT OF MARRIAGE WITH ANOTHER

PERSON AFTER COMPLYING WITH THE



CONDITIONS PROVIDED UNDER THIS CODE AND
SECURING THE LICENSE TO REMARRY.

“THE DECREE OF LEGAL SEPARATION IN
SUCH CASE SHALL PROVIDE FOR’ THE
LIQUIDATION, PARTITION, AND DISTRIBUTION OF
THE PROPERTIES OF THE SPOUSES, THE CUSTODY,
SUPPORT AND PRESUMPTIVE LEGITIMES OF THE
COMMON CHILDREN UNLESS SUCH MATTERS HAD
BEEN ADJUDICATED IN PREVIOUS JUDICIAL
PROCEEDINGS;

“(2) The absolute community or the conjugal partnership
shall be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall be
forfeited in accordance with the provisions of Article 43(2);

“(3) IN THE LIQUIDATION OF ABSOLUTE
COMMUNITY OR CONJUGAL PARTNERSHIP, THE
PRESUMPTIVE LEGITIME OF THE COMMON
CHILDREN SHALL BE COMPUTED AT THE DATE OF
THE FINALITY OF THE DECREE OF LEGAL
SEPARATION ISSUED BY THE COURT AND ALL

CREDITORS OF THE SPOUSES AND THE ABSOLUTE


COMMUNITY OR THE CONJUGAL PARTNERSHIP
SHALL BE NOTIFIED OF THE PROCEEDINGS FOR
LIQUIDATION;

“(4) IN ADDITION TO THE SHARE OF THE
SPOUSES IN THE ASSETS OF THE ABSOLUTE
COMMUNITY OR THEIR RESPECTIVE SHARE IN
THE CONJUGAL PARTNERSHIP, THE SPOUSE WHO
IS NOT GAINFULLY EMPLOYED SHALL BE
ENTITLED TO SUPPORT FROM THE OTHER SPOUSE
UNTIL THE FORMER’ FINDS ADEQUATE
EMPLOYMENT: PROVIDED, THAT THE SUPPORT
SHALL ONLY BE FOR ONE (1) YEAR FROM THE
FINALITY OF THE DECREE OF LEGAL SEPARATION:
PROVIDED, FURTHER, THAT THE RIGHT TO
SUPPORT SHALL BE SUBJECT TO THE PROVISIONS
OF ARTICLE 201 OF THIS CODE;

“([3]5) The custody of the minor child[ren] shall be
[awarded—te—the—innecent—spouse] DECIDED BY THE
COURT IN ACCORDANCE WITH THE BEST
INTERESTS OF THE CHILD, subject to the provisions of

Article 213 of this Code; [and]


“(6) THE CHILDREN SHALL BE ENTITLED TO
SUPPORT IN ACCORDANCE WITH THE PROVISIONS
OF TITLE VIII OF THIS CODE ON SUPPORT;

“(7) ADOPTED CHILDREN AND CHILDREN
CONCEIVED OR BORN BEFORE THE ISSUANCE OF
THE ELIGIBILITY TO REMARRY SHALL BE
CONSIDERED LEGITIMATE CHILDREN OF THE
SEPARATED SPOUSES; AND

“([4]8) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made in
the will of the innocent spouse shall be revoked by operation of
law.”

SEC. 2. A new Article denominated as Article 67-A is inserted after
Article 67 of the same code, to read as follows:

“ART. 67-A. ELIGIBILITY TO REMARRY. — FOR
PURPOSES OF CONTRACTING A SUBSEQUENT
MARRIAGE, THE SPOUSE MUST FILE A PETITION
FOR THE ISSUANCE OF THE CERTIFICATE OF
ELIGIBILITY TO REMARRY WITH THE COURT
THAT ISSUED THE DECREE OF LEGAL SEPARATION

STATING THAT PETITIONER HAS BEEN SEPARATED


FOR AT LEAST TWO YEARS AND RECONCILIATION
IS HIGHLY IMPROBABLE.

“UPON THE FILING OF THE PROPER PETITION
BY THE SPOUSE WITH THE COURT, THE COURT
MAY ISSUE A CERTIFICATE OF ELIGIBILITY TO
REMARRY TO A LEGALLY SEPARATED PERSON:
PROVIDED, THAT THE PRESUMPTIVE LEGITIMES
OF THE COMMON CHILDREN WITH THE
SEPARATED SPOUSE HAVE BEEN DELIVERED,
MEASURES TO PROTECT THE CREDITORS OF THE
SPOUSES HAVE BEEN UNDERTAKEN, AND TWO
YEARS HAVE ELAPSED FROM THE ISSUANCE OF
THE FINAL DECREE OF LEGAL SEPARATION.

“THE PRESUMPTIVE LEGITIME OF THE
COMMON CHILDREN, COMPUTED AS OF THE DATE
OF THE FINALITY OF THE LEGAL SEPARATION
SHALL BE DELIVERED TO THEM BEFORE THE
ISSUANCE OF THE CERTIFICATE OF ELIGIBILITY
TO REMARRY AND IN ACCORDANCE WITH
ARTICLE 51 OF THIS CODE. THE PARTITION AND
DISTRIBUTION OF THE PROPERTIES OF THE

SPOUSES AND THE DELIVERY OF THE CHILDREN’S


PRESUMPTIVE LEGITIME SHALL BE RECORDED IN
THE APPROPRIATE CIVIL REGISTRY AND
REGISTRIES OF PROPERTY, OTHERWISE THE SAME
SHALL NOT AFFECT THIRD PERSONS.

“UPON PROPER DETERMINATION BY THE
COURT THAT THE PRESUMPTIVE LEGITIMES OF
THE COMMON CHILDREN HAVE BEEEN
DELIVERED AND MEASURES TO PROTECT THE
CREDITORS OF THE SPOUSES HAVE BEEN
UNDERTAKEN, AND TWO YEARS HAVE LAPSED
FROM THE ISSUANCE OF THE DECREE OF LEGAL
SEPARATION, THE COURT SHALL SEVER THE BOND
OF MARRIAGE OF THE LEGALLY SEPARATED
SPOUSES AND ISSUE TO THE SPOUSES THE
CERTIFICATE OF ELIGIBILITY TO REMARRY.

“UPON THE ISSUANCE OF THE CERTIFICATE
OF ELIGIBILITY TO REMARRY THE SPOUSES MAY
REMARRY OR CONTRACT SUBSEQUENT
MARRIAGE WITH ANOTHER PERSON.

“THE FINAL DECREE OF LEGAL SEPARATION

AND THE CERTIFICATE OF ELIGIBILITY TO


REMARRY MUST BE REGISTERED WITH THE

LOCAL CIVIL REGISTRY.”

SEC. 3. Spouses who obtained a decree of legal separation before the
passage of this Act may enter into a contract of marriage with another person
after complying with the conditions provided under this Act.

SEC. 4. If any part or provision of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in
force and effect.

SEC. 5. All laws, executive orders, issuances, presidential decrees, rules
and regulations or parts thereof inconsistent with or contrary to the provisions
of this Act are amended, modified or repealed accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,