TITLE

Divorce

THESIS STATEMENT

Divorce in the Philippines is planning to take over Filipino values and culture. Today our 1987

Philippines Constitution protects the Filipino family on the belief that Family is the foundation of the nation

wherein marriage used as instrument to bind the family to be more indissoluble. On the other hand, our

constitution adopts marital separation that may pertain to legal separation and annulment rather than divorce,

the reason is that marriage presumes sacred and holiness that warrant them to preserve the union of the family.

This research will introduce the substance of divorce and the implication to Filipino families in light of our

constitutions. In support thereof, the researcher will illustrate some provisions of The Family Code of The

Philippines that would establish the study more pertinent and sensible to the reader.

Objective of the Study

The main objective of the study is to ascertain the true intent and the effect of divorce in the Philippines.

It specifically aims the following below:

1. To determine the effects of divorce to the Filipino families.

2. To elaborate the natural and logical consequences of divorce to Filipino family.

THESIS OUTLINE

Divorce (or the dissolution of marriage)1 is the termination of a marital union, the canceling of the legal duties

and responsibilities of marriage and the dissolving of the bonds of matrimony between married couples.

Divorce is unlike annulment which declares the marriage `null and void. Divorce laws vary considerably around

the world, but in most countries it requires the sanction of a court or other authority in a legal process.

1 http://en.wikipedia.org/wiki/Divorce
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Today divorce is not a novel legal right granted by Philippine civil laws: the Family Code of the Philippines

sanctions relative divorce (a mensa et thoro). Under the provision of Title II of said Code, legal separation, or

separation from bed and board, is a recognized remedy for victims of failed marriages. To be sure, our civil

laws have always recognized the need to allow married individuals to sever conjugal ties under certain

justifiable conditions. However, absolute divorce was recognized in our country for those non-christians groups

and widely practiced among our ancestral tribes, the Tagbanwas of Palawan, the Gadang of Nueva Vizcaya, the

Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and Moslems of Visayas and Mindanao islands, to

name a few. During Spanish occupation the Spanish Civil Code introduced legal separation or the so called

Siete Partidas but suspended and never enforced2.

After the passage of time, Siete Partidas was amended by 1917 Act 2710 allowing absolute divorce on the

grounds of adultery on the part of the wife and concubinage on the part of the husband. When Japanese

occupied the Philippines, they introduced new paramount on divorce law which is E.O No. 141 that could

availed provided the ten grounds of divorce. The law was lasted up to the American regime but repealed on

1950 by the Civil Code of the Philippines which allow only legal separation. The present family code of the

Philippines prohibits absolute divorce except a divorce obtained by the alien spouse of a Filipino citizen abroad.

Under our present laws, legal separation does not dissolve the marriage bond between legally separated spouses;

said parties are considered married individuals for all legal intents and purposes. Our civil laws on marriage

justify and allow the separation of married individuals but does not confer them the legal right or remedy to

extricate themselves from the ordeal of a broken marriage. This is because we preserve the sanctity of marriage

and maintain the family union.

Chapter I

EXISTING LITERATURES

Legal Separation in the Philippines

2 House Bill no. 6993

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 Legal separation is a decree from the court permitting the husband and the wife to live separately from

each other. However, though both spouses were separated from board and bed but still the marriage is not

dissolved. In the other words, they are not allowed to remarry notwithstanding the fact that death is the reason3.

Moreover, the researcher imports the pertinent provisions of legal separation on Title II: The Family

Code of the Philippines to realize the legal requisites and effects of adopting the latter.

These are several grounds on which a petition for legal separation may be filed on. This includes4:

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child,

or a child of the petitioner;

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 petitioner, a common child, or a child of the petitioner to

engage in prostitution, or connivance in such corruption or inducement;

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

5. Drug addiction or habitual alcoholism of the respondent;

6. Lesbianism or homosexuality of the respondents;

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

8. Sexual infidelity or perversion;

9. Attempt by the respondent against the life of the petitioner; or

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

A petition for legal separation is not heard immediately after it is filed. A mandatory six-month cooling-off

period is set by the court to give the parties enough time to contemplate on a possible reconciliation.

Not all petitions for legal separation are granted by the courts. The reasons for the denial vary from failure

to prove the attendance of any of the above-mentioned grounds, as well as any of the following5:

3
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
4
Title II: Family Code of the Philippines Art. 55
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 1. Where the aggrieved party has condoned the offense or act complained of;

2. Where the aggrieved party has consented to the commission of the offense or act complained of;

3. Where there is connivance between the parties in the commission of the offense or act constituting the

ground for legal separation;

4. Where both parties have given ground for legal separation;

5. Where there is collusion between the parties to obtain the decree of legal separation; or

6. Where the action is barred by prescription;

7. Death of one of the parties; and

8. Reconciliation of the parties.

On the other hand, a petition for legal separation which is granted by the courts shall have the following

effects6:

1. The spouses shall be entitled to live separately from each other even if the marriage bond is not severed;

2. The absolute community or conjugal partnership shall be dissolved and liquidated;

3. The custody of the minor children shall be awarded to the innocent spouse, subject to exceptions like the

tender-age rule or the choice of a child above seven years;

4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate

succession, and the provisions in favor of the offending spouse made in a will of the innocent spouse

shall be revoked by operation of law;

5. The offending spouse shall have no right to any share in the net profits of the absolute community or the

conjugal partnership;

5 Title II: Family Code of the Philippines Art. 56

6 Title II: Family Code of the Philippines Art. 63

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 6. The innocent spouse may revoke the donations made by him in favor of the offending spouse, as well as

the designation of the latter as beneficiary in any insurance policy, even if the designation be

irrevocable.

As an additional effect, the wife cannot petition to be allowed to use her maiden surname even after legal

separation is granted.

Annulment in the Philippines

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive,

meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken

place (though some jurisdictions provide that the marriage is only void from the date of the annulment). In

legal terminology, an annulment makes a voidable marriage null. If a marriage is void ab initio, then it is

automatically null, although a declaration of nullity is required to establish this. The process of obtaining a

declaration of nullity is similar to an annulment process. Despite its retroactive nature, children born before an

annulment are considered legitimate in the Philippines7.

There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of the

following causes, existing at the time of the marriage8:

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform

marriages, unless such marriages were contracted with either or both parties believing in good faith that the

solemnizing officer had the legal authority to do so).

3. Absence of marriage license (except in certain cases).

7 http://en.wikipedia.org/wiki/Annulment
8 https://www.christianfilipina.com/research/what-is-the-process-of-annulment-in-the-philippines/
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4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively

dead).

5. Mistaken identity (those contracted through the mistake of one contracting party as to the identity of the

other).

6. After securing a judgment of annulment or of absolute nullity of marriage, the parties, before entering into

the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribution of the

properties of the first marriage; And (ii) delivery of the childrens presumptive legitime.

7. Incestuous marriages (between ascendants and descendants of any degree, between brothers and sisters,

whether of the full or half blood).

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or

illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-

law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted

child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of

the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry

the other, killed that other persons spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity contemplates downright incapacity or inability to take

cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less,

ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional

immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and

abandonment, by themselves, also do not warrant a finding of psychological incapacity. [Note] the guidelines

and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and

procedure in filing a petition.

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 The researcher did not include the effects of annulment due to limited pages which was required in the

study. Please refer to

"TITLE I MARRIAGE9

"CHAPTER 3 VOID AND VOIDABLE MARRIAGES

"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."

Sec. 2. Effectivity clause. This Act shall take effect after fifteen (15) days following its publication in the

Official Gazette or in two (2) newspapers of general circulation.

Divorce

The researcher used the pending House Bill No.6993 which states as follows:

AN ACT LEGALIZING DIVORCE, AMENDING FOR THE PURPOSE TITLE II AND ARTICLES 55 TO

67 THEREUNDER OF EXECUTIVE ORDER NO. 209, AS AMENDED BY EXECUTIVE ORDER NO. 227,

OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES10

This is because the proposed bill is not yet enacted and no other legal documents that might use as instrument as

existing law on divorce. The researcher did not apply those existing provisions which would produce superfluity

or surplusage in the proposed bill. The following below are the proposed amendments:

All legal separation words will be replaced by divorce words by means of phrases ology, to avoid

ambiguity.

"TITLE II: [LEGAL SEPARATION] DIVORCE."11

SECTION1. Title II of Executive Order No. 209, as amended by Executive Order No. 227, otherwise known as

the Family Code of the Philippines, is hereby amended to read as follows

9
Republic Act No. 8533
10
House Bill no. 6993
11
House Bill no. 6993, Title II: Family Code of the Philippines
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"Art. 55. A petition for [legal separation] DIVORCE may be filed on any of the following grounds:

Items 1-10 still retained the same but with additional provision below:

IN ADDITION, A PETITION FOR DIVORCE MAY BE FILED UPON A SHOWING THAT THERE

IS AN IRREMEDIABLE BREAKDOWN OF THE MARRIAGE RELATIONSHIP DUE TO

IRRECONCILABLE MARITAL DIFFERENCES. SAID PETITION MUST SPECIFICALLY ALLEGE THE

GROUNDS WHICH DESTROY THE LEGITIMATE ENDS OF THE MARRIAGE RELATIONSHIP AND

PREVENT ANY REASONABLE EXPECTATIONS OF RECONCILIATION."

"Art. 56. The petition for [legal separation] DIVORCE shall be denied on any of the following grounds:

Items 1-6 still retained the same but with additional provision below:

(7) WHERE THE IRRECONCILABLE MARITAL DIFFERENCES ARE NOT SUFFICIENT TO

JUSTIFY DIVORCE; OR

(8) WHERE THE PETITIONER HAS NOT RESIDED WITHIN THE PHILIPPINES FOR AT LEAST

ONE YEAR PRIOR TO THE FILING OF THE PETITION, UNLESS THE CAUSE UPON WHICH

THE PETITION IS BASED OCCURRED WITHIN THE TERRITORY OF THE PHILIPPINES."

"Art. 57. An action for [legal separation] DIVORCE shall be filed within ONE YEAR FROM THE TIME THE

PETITIONER BECOMES COGNIZANT OF THE CAUSE AND WITHIN five years from the time of the

occurrence of the cause12.

IN THE CASE OF GROUNDS OR CAUSES FOR DIVORCE WHICH OCCURRED PRIOR TO THE

EFFECTIVITY OF THIS ACT, THE ACTION MAY BE FILED WITHIN ONE YEAR FROM THE DATE

OF ITS EFFECTIVITY: PROVIDED THAT SAID GROUNDS OR CAUSES OCCURRED WITHIN FIVE

YEARS FROM THE FILING OF THE ACTION.

12
House Bill no. 6993, Title II: Family Code of the Philippines
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 PETITIONS FOR LEGAL SEPARATION FILED BEFORE THE EFFECTIVITY OF THIS ACT

MAY BE AMENDED TO ACTIONS FOR DIVORCE: PROVIDED THAT SAID AMENDMENTS ARE

MADE WITHIN ONE YEAR FROM THE DATE OF ITS EFFECTIVITY."

"Art. 63. The decree of [legal separation] DIVORCE shall have the following effects:

(1)
THE MARRIAGE BONDS SHALL BE DISSOLVED ONE YEAR AFTER THE DATE ON WHICH

THE DECREE BECOMES FINAL. The DIVORCED spouses shall be entitled to live separately from

each other AND TO REMARRY THEREAFTER [, but the marriage bonds shall not be severed];

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated [but the offending

spouse]. IF THE DECREE OF DIVORCE IS GRANTED PURSUANT TO THE THIRD PARAGRAPH

OF ARTICLE 55, THE NET PROFITS OF THE ABSOLUTE COMMUNITY OR CONJUGAL

PARTNERSHIP SHALL BE DIVIDED EQUALLY BETWEEN OR IN A MANNER AGREED UPON

BY THE PARTIES. IN THE EVENT THAT THERE IS AN ADJUDGED OFFENDING SPOUSE,

SAID 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) The custody of the minor children shall be awarded to the innocent spouse, OR, IN THE CASE OF A

DECREE OBTAINED PURSUANT TO THE PROVISIONS OF THE THIRD PARAGRAPH OF

ARTICLE 55, TO THE SPOUSE ADJUDGED TO BE MORE CAPABLE IN ENSURING THIER

MORAL, MENTAL AND PHYSICAL WELL-BEING, subject to the provisions of Article 213 of this

Code; [and]13

(4) The [offending spouse] DIVORCED SPOUSES shall be disqualified from inheriting from [the innocent

spouse] EACH OTHER by intestate succession. Moreover, provisions in favor of the offending spouse

13
House Bill no. 6993, Title II: Family Code of the Philippines
9
 mad in the will of the innocent spouse shall be revoked by operation of law[.];

(5) CHILDREN OF DIVORCED PARENTS SHALL BE ENTITLED TO SUPPORT AS PROVIDED FOR

UNDER THIS CODE. IN ADDITION, THESE CHILDREN SHALL BE DELIVERED THEIR

RESPECTIVE LEGITIME ONE YEAR AFTER THE DECREE OF DIVORCE BECOMES FINAL,

OTHERWISE, THE DECREE SHALL NOT HAVE ANY LEGAL EFFECT WITH RESPECT TO THE

SPOUSE WHO DEFAULTS ON SUCH OBLIGATION.

CHILDREN OF DIVORCED SPOUSES SHALL LIKEWISE RETAIN ALL RIGHTS OF

SUCCESSION WITH RESPECT TO THEIR PARENTS BUT SHALL BRING TO COLLATION THE

LEGITIME PREVIOUSLY RECEIVED UNDER THIS PROVISION WITHOUT ANY OBLIGATION

TO RETURN ANY AMOUNT SUBSEQUENTLY DETERMINED TO BE IN EXCESS OF THE

VALUE THEY ARE ENTITLED TO RECEIVE.

"Art. 64. After the finality of the decree of [legal separation] DIVORCE, the innocent spouse OR BOTH

SPOUSES IN CASE OF DECREES PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 55, may

revoke the donations made by him or her in favor of the [offending] OTHER spouse, as well as the designation

of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The

revocation of the donations shall be recorded in the registries of property in the places where the properties are

located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for

revocation in the registries of property shall be respected. The revocation of or change in the designation of the

insurance beneficiary shall take effect upon written notification thereof to the [insured] INSURER.

The action to revoke the donation under this Article must be brought within five years from the time the

decree of [legal separation] DIVORCE has become final."

Chapter II

METHODOLOGY

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 This chapter presents the various approaches and processes undertaken by the researcher in conducting

the study. In order to obtain a better learning towards the achievement of this study, the researchers illustrate its

methods and procedures by means of paper research, provision of the law, and Filipino customs. The study also

comprehends the distinctions of annulment, legal separation and divorce inasmuch as the effects and

consequences are concerned.

Chapter III

RESEARCH PROCEDURES

The researcher conducted extensive study of Divorce to expound and discover the true meaning and

intent of the subject. This is to realize the concepts and the significance of the study as to ascertain the effects of

Divorce in our country.

The first part was preparatory in form; this is the foundation of knowledge from where the reader

understands the concept of the study. The thesis statement and outline introduced discovery, pertinent

information and antecedent to which marital separation was originated. These will in light the readers the nature

of study and to apprehend the substance of the study.

The second parts are the existing literatures which have been imported from Title II: The Family Code

of the Philippines and the pending Divorce bill in the Congress. This is to contemplate the provisions of the law

insofar as the legal issues are concerned. The researcher laid down all permissible provisions to comprehend the

effects of legal separation, annulment and divorce law.

The third part describes the implications and consequences of divorce and summarizes the distinctions

from annulment and legal separation.

Chapter IV

RESULTS AND DISCUSSIONS

This chapter describes the effect of Divorce in the Philippines and permits the reader to understand the

topic more reasonable, sensible and practicable.

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 In the Philippines, our main custom is to preserve the sanctity of family thus divorce up to now is

disputable. While the Philippine Congress had been trying to pass divorce bills for the past 10 years, it remains

impossible to dissolve a marriage via this avenue14. One of the palpable evidence is the custom of Filipino

which was influenced by Catholic principles. This is the primary reason that divorce is one of the most

controversial and sensitive topics discussed in the Philippines. Currently, there are no laws allowing divorce in

the Philippines because legislation of any law regarding divorce has greatly been disapproved by the Filipino

community. However, the Philippines law prohibits divorce; the Family Code of the Philippines authorizes

Annulment and Legal Separation for unworkable marriages15.

Divorce is a court order saying that a man and woman are NO LONGER husband and a wife.

Annulment is a judicial statement that THERE NEVER WAS A MARRIAGE between the man and the woman.

It is the cancellation of marriage as if it never happened. This cancellation is done by the court invalidating the

marriage from the date of its formation (retroactive application). Legal Separation is a decree that gives the

husband and wife the right to live separately from each other. Through this decree, the conjugal partnership of

properties or the absolute community of properties is dissolved. However, the man and woman are still

considered married. They may not remarry. Notwithstanding, the fact that marriage was contracted between

Filipino and foreigner because many countries do have divorce laws, Article 26 of the Family Code of the

Philippines states that when a marriage between a Filipino citizen and a foreigner is validly obtained abroad by

the alien spouse allowing him or her to remarry, the Filipino spouse shall have capacity to remarry under

Philippine Law as well.

We have to accept the fact that not all marriages succeed as a permanent union. An increasing number of

married individuals find themselves subjected by their marriage partners to physical violence, grossly abusive

conduct and other acts of or offenses that -- rather than promote blissful, harmonious conjugal and family life --

impair, debase or destroy the legitimate ends of the marriage relationship. However, the aforesaid are just the

14
http://deborjalaw.com/
15
By Christian Filipina
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fractions of marriage failure but the damages are grave. Nevertheless, people might overlook the consequences

of divorce, see the following below16.

1. 50% of marriage end in divorce

2. 4% of children are living only with their father.

3. Children from female-headed homes are five times as likely to be poor as children in two-parent

families.

4. Suicide rates for children of divorce are measurably higher than for children from intact families.

5. Children of divorce were found to be twice as likely as children from intact families to drop out of

school.

6. The suicide rate for divorced white men was four times higher than for their married counterparts.

The aforementioned signifies the drastic effect of divorce which is insuperable than taken thereof.

Chapter V

RECOMMEDANTIONS AND CONCLUSIONS

Divorce may change the culture of Filipino families and certainly a chance to remarry who seeking for new

happiness and non-violent life. However, the controversy arises when family and children whom we protect will

subject for divisibility. The spouses might be happy but the consequences that would produce is severed which

is inadmissible having the fact that amending the Family Code will defeat the spirit of our constitutions. It is

undeniable that many Filipino marriages were failed due to their differences and status of life that lead to

miserable ending. However, the law provides remedies to rectify the deficiencies which are sufficient to save

the marriage and to avoid unjust consequences. Among the alternatives are: counseling, mediation,

communication, both in a church or civil setting.

16
http://deborjalaw.com/
13
 Taking divorce as solution of spouses to failure marriage is considered self-centered and selfish acts in

absence of family and children welfare. Divorce is not only anti-Filipino but also anti-family and anti-marriage.

As much as possible, every Christian is still expected to honor the sanctity of marriage no matter how difficult

the circumstances may be. Marriage is a covenant that should be filled with love; it is not meant to be abolished.

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