Dissolution of Marriage Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -2 P4:26 SENATE S. No.. Introduced by Senator Robinhood Padilla AN ACT EXPANDING THE GROUNDS FOR DISSOLUTION OF MARRIAGE, INSTITUTING DIVORCE AND SETTING THE PROCEDURES THEREOF, ENSTEIN PROVIDING PROTECTIONS TO THE PARTIES TO THE MARRIAGE AND ITS COMMON CHILDREN, AMENDING FOR THIS PURPOSE EXECUTIVE ORDER NO. 209, OR THE FAMILY CODE OF THE PHILIPPINES EXPLANATORY NOTE

Section 12, Article II of the 1987 Constitution guarantees the recognition of the

sanctity of family life and endeavors the protection of the family as a basic autonomous social institution. By definition, a family constitutes the relations between husband and wife, parent and child, among other ascendants and their descendants, and brothers and sisters. The U.N. Human Rights Committee also declares the importance of acknowledging the various forms of a family including unmarried couples and their children and single parents and their children. Hence, in implementing the policy of the State to recognize the sanctity of family life, it must be duty-bound to promote and strengthen the well-being of its members. This duty should extend to cases of irremediably failed marriages that bring sorrow, pain, and other detrimental effects to families. This bill rests upon the view that the dissolution of marriages marred by unhealthy, abusive, and even unhappy relations will protect the well-being of family members, especially of the children bearing the misery of the troubled marriage. This legal recourse is demanded when there is a dearth of love, respect, and support between married couples without sacrificing the very essence and spirit of a family.

The continuous lack of legislation for the dissolution of marriage in the country traps individuals in a supposed union that has long been destroyed and can at times be abusive especially to women, as well as expose the children to a prolonged and constant marital clash affecting their overall well-being. The dissolution of unions is also unlikely to slow down with annulment and nullity cases averaging over 10,000 from 2013 to 2017.1 To date, the Philippines stands solitary in the world, aside from Vatican City, as the only country where divorce is not legal. Meanwhile, a growing number of our population is becoming more receptive to the legalization of divorce, with an average of 53% of adult Filipinos responding positively to its application for irreconcilably separated couples based on a 2017 survey.? The growing acceptance of divorce helps in reducing the stigma and opens the discourse on how we can redress an otherwise irreparable marriage to the best interest of the family. It also upholds the policy of the State to promote and protect the well-being of its citizens. In view of the foregoing, the approval of this bill is earnestly sought. ROBINHOOD C. PÁDILLA Senator ' Office of Solicitor General. "Number of Annulment and Nullity Cases filed for the last 10 Years." Retrieved from https://www.osg.gov.ph/documents/open-data/mrcwithdecisions.pdf Social Weather Stations (9 March 2018). Retrieved from the http://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180309165548

tate pies TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 JUL - 2 P4:26 SENATE S. No.. Introduced by Senator Robinhood Padilla AN ACT EXPANDING THE GROUNDS FOR DISSOLUTION OF MARRIAGE, INSTITUTING DIVORCE AND SETTING THE PROCEDURES THEREOF, PROVIDING PROTECTIONS TO THE PARTIES TO THE MARRIAGE AND ITS COMMON CHILDREN, AMENDING FOR THIS PURPOSE EXECUTIVE ORDER NO. 209, OR THE FAMILY CODE OF THE PHILIPPINES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Dissolution of Marriage

2 Act".

Sec. 2. Declaration of Policy. - While the State continues to recognize the

4 sanctity of family life and endeavors to protect and strengthen the family as a basic 5 autonomous social institution, it is also dutybound to safeguard the dignity of every 6 human person, guarantee full respect for human rights, uphold the fundamental 7 equality before the law of men and women and protect and ensure the best interest of children as the paramount consideration in all matters concerning them. Towards this end, the State shall adopt a divorce policy in keeping with the fundamental freedoms guaranteed under the Constitution, the rights guaranteed under the Universal Declaration of Human Rights, the International Convention of Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Rights of the Child, and other International Human Rights Instruments of which the Philippines is a party.

Sec. 3. Guiding Principles. - The following shall be the guiding principles of the

Act: a. Recognizing the family as the foundation of the nation, the State shall afford the family necessary protection and assistance to ensure that it is an environment conducive to the growth and well-being of all its individual members so that it can fully assume its responsibilities within the community. b. The inherent dignity and the equal and inalienable rights of all members of the family, the protection of all persons from abuse and violence, gender equality, and the best interests of children are the fundamental guiding principles of this legislation and shall be read alongside the responsibility of the State to protect and strengthen the family as an autonomous social institution. c. Absolute divorce shall be judicially decreed based on grounds that existed before or after the celebration of a valid marriage. d. The State shall assure that the court proceedings for the grant of absolute divorce shall be affordable, expeditious, and inexpensive, particularly for indigent litigants. e. A divorce decree shall include provisions for the care and custody of children, termination, and liquidation of the absolute community or the conjugal partnership of gains, and spousal support for the aggrieved spouse. In resolving issues of child custody, visitation, and support, issues of sexual orientation, gender identity or expression, and sexual characteristics will not be made a factor in deciding the award/s. f. In the invocation of the grounds for absolute divorce, the provisions of this act shall not be construed as permitting any form of discrimination on the basis of age, racial or ethnic origin, religious belief or activity, cultural practices, political inclination or conviction, social class, sex, gender, sexual orientation, gender identity and expression, sexual

characteristics, marital or relationship status, disability, migrant status. HIV status, health status or medical history, language, physical features, or other status.

Sec. 4. Definition of Terms. -

a. Absolute divorce refers to the legal termination of a marriage by a court in a legal proceeding, requiring a petition or complaint for divorce by one or both party/ies, which will have the effect of returning both parties to the status of single for all legal intents and purposes, inciuding the right to contract a subsequent marriage; b. Best interest of the child refers to the totality of the circumstances and conditions most congenial to the survivai, protection, and feelings of security of the child, and most encouraging to their physical, psychological, and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child; C. Child refers to a common child of the spouses beiow eighteen (18) years of age or eighteen (18) years and oider but is incapable of taking care of oneself as defined under Republic Act No. 7610, as amended, and shall include an offspring by legal adoption or one whose custody and care is judicially decreed to be given to a guardian; d. Child custody refers to the parental authority and care of a child as decreed by a proper court when the parents of the child are divorced; e. Indigent litigant refers to one whose gross income, including that of the spouse, if married, does not exceed an amount double the monthly minimum wage of an employee; f. Marriage annulment or dissolution refers to a marriage duly solemnized by a priest, imam, rabbi, or presiding elder of a church or religious entity, or duly solemnized or performed by an elder or leader of an indigenous cultural community (ICC) or indigenous people (IP) in the Philippines,

which is subsequently annulled, dissolved, declared a nullity, or terminated in a final judgment or pronouncement in accordance with the canons or precepts of such church, religious entity, or customs and practices of ICCs or IPs; g. Migrant worker refers to a person who is to be engaged, is engaged, or has been engaged in remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on an installation located offshore or on the high seas; to be used interchangeably with overseas Filipino worker; h. Mixed Marriage refers to a marriage between a Filipino citizen and a foreigner that is validly celebrated abroad or in the Philippines; i. Support refers to the amount indispensable for sustenance, awelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education of the person entitled to be supported shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work; j. Proper courtrefers to the proper family court established under Republic Act No. 8369 or the "Family Courts Act of 1997", which shall exercise jurisdiction both over the absolute divorce proceeding and the persons of the petitioner and respondent spouses; and k. Separation refers to the absolute cessation of marital relations, duties, and rights.

Sec. 5. Grounds. - Either or both spouses may seek a judicial decree of

27 absolute divorce based on the following grounds: a. Five years of separation, whether continuous or broken, without a judicial decree of separation: Provided, That when the spouses are

legally separated by judicial decree under Article 55 of the Family Code of the Philippines, a two (2)-year period from the time of the issuance of the decree of legal separation will suffice; b. The commission of the crime of rape by the respondent-spouse against the petitioner-spouse, whether before or after the celebration of their marriage; c. The grounds for legal separation under article 55 of the Family Code or any other special law: Provided, That physical violence or grossly abusive conduct under article 55(1) need not be repeated: Provided, further, That lesbianism and homosexuality per se under article 55(6) shall not be a ground, unless either or both spouses commit marital infidelity; d. A final decree of absolute divorce validly obtained in a foreign jurisdiction by any Filipino citizen, regardless of who they married; e. Irreconcilable marital differences or irreparable breakdown of the marriage, despite earnest efforts at reconciliation, subject to a cooling- off period of sixty (60) days pursuant to Section 8 of this Act; and f. A marriage annulment or dissolution, duly authorized by a church or religious entity, or a marriage termination duly authorized by customs and practices traditionally recognized, accepted and observed by an ICC or IP to which the parties belong, having the same effect as a decree of divorce, annulment, dissolution or declaration of nullity issued by a competent court.

Sec. 6. Procedure For Obtaining Absolute Divorce. - The established and

recognized procedures for securing legal separation, annulment of marriage and voiding of a marriage under the Family Code of the Philippines shall, as far as practicable, govern the process of obtaining a judicial decree of absolute divorce from the proper family court which shall be commenced by the filing of a verified petition for absolute divorce by the petitioner-spouse or petitioner-spouses. A petition for absolute divorce may be filed separately or jointly by the spouses on the basis of

1 Section 5 of this Act. A joint petition filed by both spouses with common children 2 should be accompanied by a joint plan for parenthood which provides for the support, 3 custody, and living arrangements of the common children. If the court determines 4 that the joint plan for parenthood is adequate to protect the rights and interests of 5 the common children, the court shall approve the joint plan for parenthood together 6 with the grant of a divorce decree if warranted. For the recognition of customs and practices of ICC or IP having the same effect 8 as a decree of divorce, annulment, dissolution or declaration of nullity, any 9 independently-verifiable proof of such customs or practices, and of the membership 10 of the spouses in an ICC or IP, will be admissible in evidence. The conduct of online filing and hearings may be available to OFWs, subject to issuances of the Court. All creditors of the absolute community or of the conjugal partnership of gains, as well 13 as the personal creditors of the spouses, shall be listed in the petition for absolute divorce.

Sec. 7. Indigent Litigants. - Upon application by the petitioner-spouse and

presentation of evidence of indigency, the court shall waive the payment of filing fees and other costs of litigation, and shall appoint a counsel de officio and assign social 18 workers, psychologists, and psychiatrists, preferably from appropriate government agencies, to assist the petitioner and the common children of the parties. In evaluating evidence of indigency, the court may take into consideration the petitioner's independent source of income, property, and capacity to afford the services of counsel after considering his or her basic necessities for himself or herself and his or her family. The court may also consider if the petitioner is from a marginalized group or entity and is not financially able to afford the services of counsel under the circumstances, such as in the case of farmers, indigenous peoples, victims of gender violence, and other similar causes. Evidence of indigency shall include but is not limited to the following: a. An affidavit of indigency stating no income or insufficiency of income; b. The latest income tax return or pay slip;

c. Certificate of Indigency from the Public Attorney's Office; d. Certificate of Indigency from the Department of Social Welfare and Development (DSWD) having jurisdiction over the residence of the litigant; e. Certificate of Indigency and/or no income from the Office of the Punong Barangay/ Barangay Chairperson having jurisdiction over the residence of the litigant; and f. Other proof of net income.

Sec. 8. Mandatory Cooling-Off Period. - An action for absolute divorce shall in

10 no case be tried before sixty (60) days from the filing of the petition on the ground of irreconcilable differences.

Sec. 9. When A Divorce Is Secured In Any Other Country. - In a marriage where

13 one or more of the parties is a foreign national, either or both spouses may seek judicial recognition or enforcement of the foreign decree dissolving a marriage in accordance with existing laws and rules, provided, that the spouse who did not participate in the divorce proceedings may seek relief in the proper court with respect 17 to the incidents of the judgment.

Sec. 10. Effects of Absolute Divorce. - The decree of absolute divorce shall

have the following effects: a. The marriage bonds shall be dissolved and the divorced spouses shall have the right to contract marriage again. b. The custody of the minor children, and the visitation rights of the spouse not granted primary custody, shall be decided by the proper court in accordance with the best interests of the children upon the recommendation of a registered social worker. In no case will child custody be given to the offender-spouse when the ground/s for the divorce falls under Article 55, paragraphs (1), as herein modified, (2), (3), (4), (5), (7), (8), (9), and (10) of the Family Code of the Philippines.

c. Unless otherwise agreed upon in a marriage settlement executed before the celebration of the marriage, the conjugal partnership of gains or the absolute community shall be dissolved and liquidated, and the assets shall be divided between the spouses. d. The liabilities of the spouses to creditors for family expenses shall remain solidary. e. Donations by reason of marriage shall remain valid, except that if the donee is an offender-spouse under article 55, paragraphs (1), as herein modified, (2), (3), (4), (5), (7), (8), (9), and (10) of the Family Code of the Philippines, such donations made to said donee are revoked by operation of law; f. Either spouse may revoke the designation of the other spouse as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. g. With respect to testate and intestate succession, the divorced spouses shall no longer be compulsory heirs to one another. h. The legitimate, legitimated, and adopted children of divorced parents shall retain their legal status and legitimacy. Children conceived or born prior to the finality of the divorce decree shall be considered legitimate.

Sec. 11. Support. - The court shall provide for child support pursuant to the

pertinent provisions of the Family Code. The court shall provide for spousal support: Provided, That the spouse who gave cause for divorce shall not be entitled to spousal support. In considering the award of support, the court shall consider relevant circumstances of the case and of the parties. On application of either party, the court may decree an increase or decrease in the amount of support upon a showing of a substantial and material change of circumstances. In case the respondent-spouse is an OFW, a copy of the order to grant spousal 29 support, if any, and child support shall be furnished to the Overseas Workers Welfare 30 Administration (OWWA) and the Department of Migrant Workers (DMW).

Sec. 12. Custody And Support Pendente Lite. - During the pendency of the

action and in the absence of adequate provisions in a written agreement between the spouses, the court, upon application of the proper party, shall provide for the support 4 of the spouses and the custody and support of their common children. It shall also provide the appropriate visitation rights of the other parent.

Sec. 13. Recognition Of Reconciliation. - If the spouses have agreed to

reconcile at any time, the procedure under Articles 65 and 66 of the Family Code of the Philippines shall apply.

Sec. 14. Penalties. - Any person who fails to provide court-ordered child

support and/or court-ordered spousal support, shall be punished by prision mayor and shall be fined in the amount of one hundred thousand pesos (Php 100,000.00) to not more than three hundred thousand pesos (Php 300,000.00) on top of unpaid child support and/or spousal support with compounding legal interest computed from date of default until full payment. Interest due on the principal amount accruing as of judicial demand shall separately earn legal interest accruing from date of demand until full payment. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the other spouse. Failure to remit and/or withhold or any delay in the remittance of support to the other spouse and/or their common children without justifiable cause shall render 22 the respondent and/or their employer liable for indirect contempt of court.

Sec. 15. Appeals. - A decree of divorce validly obtained is final and executory

insofar as the capacity to remarry is concerned. Orders for child support, child custody and spousal support are immediately executory pending appeal. Either of the parties may file at any time for a motion to review orders of child support, custody, and 27 spousal support, on the ground of a material change in the factual circumstances upon 28 which the orders of child support, custody and spousal support were predicated. The court that granted the decree of divorce shall have jurisdiction over the motions for review.

Sec. 16. Implementing Rules and Regulations. - The Department of Justice

2 (DOJ) as lead agency, together with the Department of Social Welfare and Development (DSWD), the Philippine Commission on Women (PCW), the Department 4 of Foreign Affairs (DFA), the Department of Interior and Local Government (DILG), 5 the Council for the Welfare of Children, the Office of the Solicitor General (OSG), one 6 representative from a women's organization with proven track record in women and gender rights advocacy identified by the PCW, one representative from a children's organization with proven track record in child rights advocacy to be identified by the 9 CWC, and two gender and family law experts from the UP Law Center shall promulgate 10 the Implementing Rules and Regulations (IRR) within sixty (60) days after the effectivity of this Act.

Sec. 17. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.

Sec. 18. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. Approved,