Dissolution of Marriage Act

2t17 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P3:23 SENATE S.B. No. RECEIVED BY: INTRODUCED BY SENATOR RISA HONTIVEROS 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 EXPLANATORY NOTE The International Covenant on Civil and Political Rights (ICCPR), ' of which the Philippines is a signatory, begins by recognizing that "the inherent dignity of all persons and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."? This Bill was drafted with these fundamental principles in mind, in keeping with the State's policy to guarantee full respect for human rights and to ensure the fundamental equality before the law of women and men. 4 Families are not rigid structures unaffected by the pressures of society-they are diverse and constantly changing, but their essence remains the same: to relate intimately with each other and provide love and support for the growth and development of its members. The total development of the family can only happen in an environment that is governed by mutual love and respect. It is within this context that absolute divorce is proposed to be reinstituted in the Philippines. It is proposed ' International Covenant on Civil and Political Rights (ICCPR), GA Res. 2200A (XXI), (1966). 2 ICCPR, Preamble. 3 CONST. (1987), art. II, sec. 11 provides: "The State values the dignity of every human person and guarantees full respect for human rights." * CONST. (1987), art. II, sec. 14. 5 Veronica Fenix-Villavicencio, Our Right to Self- Determination: PILIPINA's Position on the Issues of Divorce ind Abortion. FRIEDRICH-EBERT-STIFTUNG PHILIPPINE OFFICE. 4 (2000), <http://librarv.fes.de/pdf les/bueros/ohilioninen/50068.odf›

as a legal remedy for marital unions that have ceased to be an environment where spouses can attain true well-being, growth, and self-fulfillment. Legislation catering to the protection of the fundamental human rights and dignity of persons trapped in failed and irreparable marriages is long overdue. Recognizing the sanctity of family life, the 1987 Constitution mandates the State to protect the family as the basic social institution, strengthen its solidarity, and actively promote its total development.? The International Covenant on Economic, Social, and Cultural Rights (ICESCR)® also obligates the State to provide the widest possible protection and assistance to the family.? The State policy in favor of the family should be read alongside the constitutional command of valuing the inherent dignity of every human person.10 In truth, protecting the family entails safeguarding the equal and inalienable rights of all its members, 1 ensuring the fundamental equality before the law of men and women, 12 and defending the children from all conditions prejudicial to their development. 13 When a marriage totally breaks down and reconciliation is futile, it becomes the duty of the State to afford full relief to the spouses and save children from the pain, stress and agony of witnessing regular marital clashes with no end in sight. Reality tells us that there are many unhappy, failed, or abusive marriages across all Filipino classes. Data show that in most cases, it is the women who are usually at the receiving end of abuse and violence. According to the 2022 National Demographic and Health Survey conducted by the Philippine Statistics Authority, 17.5% of married women aged fifteen to forty-nine years old has experienced spousal violence, whether physical, sexual, or emotional. 14 The same study shows that the biggest perpetrator of physical and sexual violence against women is the husband.15 Data from the Philippine National Police (PNP) also prove the rising VAW incidence through 2004 to 2012: (1) 8 percent of married women experience sexual violence; (2) 14.4 percent of married women experience physical violence; (3) 3.6 percent of pregnant women 6 CONST. (1987), art. II, sec. 12 provides in part: "The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution." 7 CONST. (1987), art. XV, sec. 1. "The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development." 8 International Covenant on Economic, Social, and Cultural Rights (ICESCR), GA Res. 2200A (XXI), (1966). 9 ICESCR, art. 10(1). 1° CONST. (1987), art. II, sec. 11 provides: "The State values the dignity of every human person and guarantees full respect for human rights." 11 /d. 12 CONST. (1987), art. Il, sec. 14 provides: "The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men." 13 Rep. Act. No. 7610 (1992), sec. 2. 14 PHILIPPINE STATISTICS AUTHORITY (PSA) AND ICF, Key Findings from the Philippines National Demographic and Health Survey 2022. 15 /d.

experience physical violence. In 2016 alone, the number of VAW cases reported to the PNP amounted to 40,536, about 13 percent higher than the 2015 report at 35,897 cases. 16 It is in the pursuit of their rights that women are pushing for the remedy of absolute divorce as a means to end their abuse. Studies also show an unprecedented increase in marital dissolutions across the country since the 1960s, from 28,988 Filipino men and 52,187 Filipino women to 330,253 men and 565,802 women as of 2010.17 This does not include couples from the marginalized sectors who have no access to the courts and end up separating without the benefit of a legal process.18 Official figures show that Filipino couples rarely availed themselves of these remedies because of the high financial costs, the tedious legal procedure involved, and the lack of any guarantee that their request will be granted. 19 While the Family Code provides for grounds for the dissolution of marriage, the remedies available are painfully restrictive and inadequate. To illustrate, the remedies of annulment20 and declaration of nullity21 under the Family Code only allow the dissolution of the marital union on grounds that existed at the time of or prior to the celebration of the marriage, respectively. Legal separation, on the other hand, while recognizing the separation on grounds that may have arisen after the celebration of the marriage, does not terminate the marital union. The State's obligation to provide assistance to families necessarily includes ensuring that married couples are able to avail adequate and accessible legal remedies. It is high time for the Philippines to reinstitute absolute divorce, allowing married spouses in irremediably broken unions to finally start anew. The sanctity of marriage, after all, pertains not to the quantity but to the quality of marital relationships.23 Justice Mario Victor M.V.F. Leonen articulates this well in his concurring opinion in Republic v. Manalo:24 16 Philippine Commission on Women, Violence Against Women (VAW), <https://pcw.gov.ph/statistics/201405/statistics-violence-against-filipino- women?wptouch_preview_theme=enabled> (Last on 15 August 2020). 17 Jeofrey B. Abalos, Divorce and separation in the Philippines: Trends and correlates, 36 DEMOGRAPHIC RESEARCH 1515, 1525 (2017). 18 /d. 1526, citing B.T.G. Medina, E.A. de Guzman, A.A. Roldan, and R.M.J Bautista, The Filipino family: Emerging structures and arrangements. Quezon City: Office of Research Coordination, University of the Philippines (1996). 19 Jeofrey B. Abalos, Divorce and separation in the Philippines: Trends and correlates, 36 DEMOGRAPHIC RESEARCH 1515, 1525 (2017). 20 FAMILY CODE, art. 45. 21 FAMILY CODE, arts. 35-38. 22 FAMILY CODE, art. 55. 23 House Bill No. 1599, 15th Cong., Explanatory Note (2010). 24 Republic v. Manalo, G.R. No. 221029, April 24, 2018 shttp://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64093>

The restrictive nature of our marriage laws tends to reify the concepts of a family which is already far from the living realities of many couples and children. For instance, orthodox insistence on heteronormativity may not compare with the various other "non-traditional" arrangements present in many loving households. The worst thing we do in a human relationship is to regard the commitment of the other formulaic. That is, it is shaped exclusively by legal imperatives or by the ideals romanticized by those who dominate the government. In truth, each commitment is unique, borne of its own personal history, ennobled by the sacrifices it has gone through, and defined by the intimacy which only the autonomy of the parties creates. In view of the foregoing, theimmediate passage of this bill is earnestly sought. RISA HONTIVEROS Senator

) TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P3:23 SENATE S.B. No. 394 RECEIVED INTRODUCED BY SENATOR RISA HONTIVEROS 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 House of Representatives of the Philippines in Congress assembled:

SECTION 1, Short Title. - This Act shall be entitled as the "Dissolution of

Marriage 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 8 of children as the paramount consideration in all matters concerning them. Towards g 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 conjugal partnership of gains or the absolute community, 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, including 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 survival, 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 below eighteen (18) years of age or eighteen (18) years and older but who 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 sees 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, dwelling, 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 court refers 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; 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 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 cooling11 off period of sixty (60) days pursuant to Section 8 of this Act; 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 14 for absolute divorce by the petitioner-spouse or petitioner-spouses. A petition for 15 absolute divorce may be filed separately or jointly by the spouses on the basis of 16 Section 5 of this Act. A joint petition filed by both spouses with common children 17 should be accompanied by a joint plan for parenthood which provides for the support, 18 custody, and living arrangements of the common children. If the court determines that the joint plan for parenthood is adequate to protect the rights and interests of the common children, the court shall approve the joint plan for parenthood together with the grant of a divorce decree if warranted. For the recognition of customs and practices of ICC or IP having the same effect as a decree of divorce, annulment, dissolution or declaration of nullity, any independently- verifiable proof of such customs or practices, and of the membership 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 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

1 and other costs of litigation, and shall appoint a counsel de oficio and assign social 2 workers, psychologists, and psychiatrists, preferably from appropriate government 3 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 6 services of counsel after considering his or her basic necessities for himself or herself 7 and his or her family. The court may also consider if the petitioner is from a 8 marginalized group or entity and is not financially able to afford the services of counsel 9 under the circumstances, such as in the case of farmers, indigenous peoples, victims 10 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; F. Other proofs of net income.

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

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

25 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 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 done 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.

1 In considering the award of support, the court shall consider relevant circumstances 2 of the case and of the parties. On application of either party, the court may decree an 3 increase or decrease in the amount of support upon a showing of a substantial and material change of circumstances. 5 In case the respondent-spouse is an OFW, a copy of the order to grant spousal 6 support, if any, and child support shall be furnished to the Overseas Workers Welfare 7 Administration (OWWA) and the Department of Migrant Workers (DMW).

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

9 action and in the absence of adequate provisions in a written agreement between the 10 spouses, the court, upon application of the proper party, shall provide for the support 11 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 64, 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 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

1 spousal support, on the ground of a material change in the factual circumstances upon 2 which the orders of child support, custody and spousal support were predicated. The 3 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

6 (DOJ) as lead agency, together with the Department of Social Welfare and Development (DSWD), the Philippine Commission on Women (PCW), the Department 8 of Foreign Affairs (DFA), the Department of Interior and Local Government (DILG), 9 the Council for the Welfare of Children, the Office of the Solicitor General (OSG), one representative from a women's organization with proven track record in women and 11 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 CWC, and two gender and family law experts from the UP Law Center shall promulgate the Implementing Rules and Regulations (IRR) within sixty (60) days after the effectivity of this Act.

Sec. 17. Repealing Clause. - All other laws, decrees, executive orders, issuances,

rules and regulations, or part thereof inconsistent with this Act are hereby likewise repealed or amended accordingly.

Sec. 18. Separability Clause. - If, for any reason, any section or provisions of

this Act is declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.

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

upon publication in at least two (2) newspapers of general circulation. Approved,