A Comprehensive Study About The Legalization of Divorce in The Philippines

LYCEUM OF THE PHILIPPINES UNIVERSITY CAVITE
A COMPREHENSIVE STUDY ABOUT THE LEGALIZATION OF

DIVORCE IN THE PHILIPPINES
A Thesis
Submitted in the Faculty of
College of Arts and Sciences Department
Lyceum of the Philippines University Cavite
In Partial Fulfillment
of the Requirements for the Degree
Bachelor of Arts in Legal Studies
HEYWARD JOSEPH C. AVE

October 2015
COLLEGE OF ARTS AND SCIENCES
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College of Arts and Sciences
APPROVAL SHEET
This thesis is entitled A COMPREHENSIVE STUDY ABOUT THE

LEGALIZATION OF DIVORCE IN THE PHILIPPINES prepared and submitted by
HEYWARD JOSEPH C. AVE has been reviewed and recommended as partial
fulfillment of the requirements for the degree of Bachelor of Arts in Legal Studies.
ATTY.MARK BRIAN CELESTINO, RSW

Research Adviser
Accepted and approved by the panel of examiners following a successful Oral Defense
on October, 2015 with a grade of __________.
MARYLYN G. ALPARO
Associate Dean, College of Arts and Sciences
Accepted and approved in partial fulfillment of the requirements for the degree of
Bachelor of Arts in Legal Studies.
RAMON C. MANIAGO. PhD

Executive Dean
Date: October, 2015
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Certificate of Originality
I hereby declare that the research paper entitled:
A COMPREHENSIVE STUDY ABOUT THE LEGALIZATION OF

DIVORCE IN THE PHILIPPINES
is my own work and that, to the best of my knowledge and belief, it

contains no material previously published or written by another person nor material to
which to a substantial extent has been accepted for award of any other degree or diploma
of a university or other institute of higher learning, except where due acknowledgement is
made in the text.
I also declare that the intellectual content of this thesis is the product of
my work, even though I may have received assistance from others on style, presentation
and language expression.
Heyward Joseph C. Ave
Date of Completion: October 2015

Attested by:
ATTY. MARK BRIAN CELESTINO, RSW

Research Adviser`s Signature
Date of Completion: ____________

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ACKNOWLEDGEMENT
This undergraduate thesis would not have been possible without the support of
many people.
The researcher wishes to express his gratitude to his research teacher, partner and
adviser Atty.Mark Brian Celestino who was abundantly helpful and offered invaluable
assistance, support and guidance. Deepest gratitude is also due to the members of the
panel of examiners Atty. Janice Kristine Ramos, Ms. Marylyn G. Alparo without their
knowledge and assistance this study would not have been successful.
The researcher would also like to express his special thanks to Atty.Uella
Mancenido-Gayo for her never ending support, help and imparted knowledge that will
and cannot be forgotten.
Special thanks also to all their gratitude friends, especially section members Legal
Studies Students of Lyceum of the Philippines University for sharing their knowledge and
invaluable assistance.
The researcher would also want to express his warmest thanks to the government
officials of the Office of the Solicitor General, Department of Justice, Senate of the
Philippines and Office of the City Prosecutor of Pasay City Hall.
The researcher would like to convey thanks to the Faculty for providing the
instructions and laboratory facilities.
The researcher wishes to express his love and gratitude to his beloved family for
their understanding and endless love through the duration of his studies.
Above all, the researchers would like to give their sincerest and warmest
appreciation, to the Lord, and Savior, ALMIGHTY GOD, who is the source of their
strength, knowledge and skills, who always bear their prayers, guides their path, and
never leaves their side throughout their journey in life.
HEYWARD JOSEPH C. AVE

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College of Arts and Sciences
Abstract
A COMPREHENSIVE STUDY ABOUT THE LEGALIZATION OF DIVORCE IN

THE PHILIPPINES
Heyward Joseph C. Ave and Atty.Mark Brian Celestino, RSW

Proponent and Research Adviser
The Philippines and the Vatican City are the only states left in the world without divorce.
While the Philippines recognize relative divorce, or legal separation as termed under its
Family Code, it has not sanctioned absolute divorce in the country except for Muslims
and foreigners. During the pre-colonial times and the Japanese occupation of the country,
absolute divorce was legal and widely practiced. The purpose of this study then is to
provide a comprehensive analysis of the divorce laws in the Philippines that were filed in
the Senate and its reintroduction on a legal, pragmatic, and rights based approached.
Furthermore, to provide an anti-thesis of the societal expectation that divorce destroys the
foundation of the society rather than it protects and strengthens the family. It is legal,
constitutional, and in compliance with the international human rights obligations of the
Philippines. It is the answer to the issues on and inadequacies of the existing legal
framework on nullity, annulment and legal separation.
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TABLE OF CONTENTS
Page
TITLE PAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPROVAL SHEET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CERTIFICATE OF ORIGINALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ACKNOWLEDGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ABSTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TABLE OF CONTENTS
LIST OF TABLES
LIST OF APPENDICES
INTRODUCTION
Background of the Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statement of the Problem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conceptual Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hypothesis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Significance of the study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope and Limitations of the study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definition of terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LITERATURE REVIEW
Divorce in the Philippines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
History and Background of Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Divorce in Spain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Divorce in Malta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Synthesis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
METHODOLOGY
Research Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Population and Sample Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Description of Respondents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Instrumentation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Data gathering Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statistical Treatment of Data. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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RESULTS AND DISCUSSIONS
Socio-Demographic Profile
Characteristics
Preceived Potentials
SUMMARY, CONCLUSION, AND RECOMMENDATIONS
Summary
Conclusions
Recommendations
REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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LIST OF TABLES
Table
1
2
3
4
Page
Comparison of Divorce Bills in the Philippines..........................................

Grounds for Nullity of Marriage, Annulment, and Legal Separation . . .
Number of Annulment Cases filed every year . . . . . . . . . . . . . . . . . . . . . .
Number of Battered wife and child abuse cases filed every year. . . . . . . . .

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38
44
LIST OF APPENDICES
Appendix
1
2
3
4
5
6
7
Page
House Bill 1799 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House Bill 4016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House Bill 6993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senate Bill 782 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House Bill 878 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permit to conduct interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Curriculum Vitae . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CHAPTER 1
INTRODUCTION
This chapter presents the background of the study, the problem and its
significance, and the scope and limitations of the study.
Background of the Study
Marriage is regarded as a sacred union and the family founded on marriage is
considered as a fount of love, protection and care. Philippine society generally frowns
upon and discourages marital break-ups and so provides cultural and legal safeguards to
preserve marital relations.
The Philippines located in the Southeast Asia, composed of 7, 107 islands and
populated by 48.2 million women and 49 million men. Of these figures, more than 29
million are single while roughly 30 million are married. Together, they make up a
predominantly Roman Catholic population. Under the 2012 United Nations Development
category, ranking 114 out of 187 countries and territories. Twenty-two out of one hundred
families are estimated to be poor and 10% of the entire population are living in extreme
poverty.
The Philippines has a constitutional, democratic and republican government. It is
a party to major international human rights treaties and adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.. Despite the
pre-dominance of Catholicism in the country, the inviobalityof the separation of church
and state is recognized.
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The country was under the Spanish rule from 1521 until the Philippine revolution
and declaration of independence in 1898. It was then occupied for a shorter period by
United States and Japan until the end of the World War II. As a result of more than 300
years of Spanish colonization, Philippine culture is replete with Spanish influences. The
influences are apparent particularly on the language, cuisine, and religion of the country.
The views of the Catholic Church (Church) weigh heavily over the customs and
norms of Filipinos; they account for the many conservative laws in the country and
absence of policies that permit or regulare such matters as abortion, contraception, and
divorce.
Divorce was recognized in the Philippines before the enactment of the Civil Code
of the Philippines (Civil Code). At present, it is not recognized in the country save for
some exceptions. The Philippine and Vatican City are the only remaining states in the
world without divorce.
Divorce is the legal termination of a marriage by a court in a legal proceeding,
requiring a petition or complaint for divorce by one party. It is the legal separation of
husband and wife, effected, for cause, by the judgment of a court, and either totally
dissolving the marriage relation, or suspending its effects so far as it concerns the
cohabitation of the parties.It can also refer to termination of a marriage that is without
any fault on the part of either parties and without need to find out if any misconduct
occurred. There are two kinds of divorce: (1) absolute divorce or divortio a
vinculomatrimonio, and (2) relative divorce or divortio a mensa et thoro. The first is used
to refer to dissolution or divorce from the bond of matrimony and the latter is used to
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refer to the suspension [or] divorce fromn bed and board. Marriage bonds are severed
under absolute divorce while they subsist under relative divorce.
The type of divorce argued for in this thesis is absolute divorce or divortio a
vinculo matrimony as differentiated from relative divorce or divortio a mensa et thoro.
The term divorce as used in this thesis refers to absolute divorce unless otherwise
indicated
The Family Code of the Philippines (Family Code) provides for three remedies on
the dissolution or suspension of marriage bonds: nullity, annulment, and legal separation.
Unlike divorce, the grounds for nullity and annulment must exist before or at the time of
the celebration of marriage to terminate marriage bonds. In contrast to divorce, legal
separation merely grants spouses the right to lieve separately from each other but does
not dissolve marriage bonds.
The enactment of a divorce law has been strongly pushed for Grabriela Women`s
Party, a party-list launched by General Assembly Binding Women for Reforms, Integrity,
Equality, Leadership, and Action (GABRIELA) which is a national coalition of women`s
organizations. Women`s groups claim that petitions for declaration of nullity of marriage,
annulment, and legal separation are inadequate options for an abused spouse. They
maintain that spouses who want to separate from each other and terminate their marriages
are met with rigid limitations in the present laws` response to the countless causes of
failed marriages. These groups claim that remedies of declaration of nullity of marriage
and annulment do not cover the problems that occur after the celebration of marriage

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while legal separation does not put an end of marriage. The lack of divorce is questioned
as discriminatory policy and religious imposition on non-muslim Filipinos.
On the other hand, opposers led by the Church treat the concept of divorce with
disdain and contempt primarily because it destroys Filipino families which the State has
vowed to protect. The biblical argument that what therefore God hath joined together, let
not man put asunder still remains popular among the antagonists.
Statement of the Problem

The purpose of this study is to provide a comprehensive analysis and scrutiny of the
divorce laws that were proposed in the Senate of the Philippines. Specifically, it aims to
answer the following questions:
1.)
2.)
3.)
4.)
What are the factors affecting the legality of the divorce law in the Philippines?
What is the actual extent of Church`s influence on the Divorce Policy issue?
What are the features that are in with or in conflict with the constitution?
What are the different divorce laws that were proposed in the Senate of the
Philippines?
5.) What is the most appropriate divorce law that was proposed?
6.) What are the remedies and process to allow the Legalization of Divorce in the
Philippines?
Conceptual Framework

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Office of the Solicitor General

1.1 Number of Annulment Cases
filed everyday
Department of Justice
2.2 Number of Battered Wife and
Child Abuse every year
Senate of the Philippines
3.3 History of Divorce
7.)
8.)
9.)
Divorce
10.) Bills filed in
11.)Senate of the
the
Philippines
Established fact
of the necessity
of divorce law in
the Philippines
Legalization of
Divorce
Figure 1.1 The Conceptual Framework of the Study
Figure 1.1 Depict the input or the Divorce Bills that were duly filed and pending in the
senate of the Philippines to establish the earnest efforts of the legislators to pass this into
a law. With this, the researcher will have to undergo the process of gathering data and
conduct unstructured interview to the different agencies of the government concerned in
the issue at hand such as the Department of Justice, Office of the Solicitor General and
Senate of the Philippines specifically the Committee on women, children, family
relations and gender equality. Assesment of the data gathered will follow. After
processing, the researcher will acquire the result and that is the necessity of having a
divorce law in the Philippines and its impact once passed.
Objectives of the Study

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The main objective of this study is to provide a comprehensive analysis and scrutiny
of the divorce laws that were proposed in the Senate of the Philippines. Specifically, the
study aims to:
1.) To provide the history and background of divorce in the Philippines
2.) To explain and provide a comprehensive study that will possibly convince the
legislators for the necessity of a divorce law in the Philippines.
3.) Explain the proper implementation of divorce
4.) Establish the Inadequacies of remedies for broken and irreparable marriages
provided by the Civil Code of the Philippines.
5.) To Establish the necessity of having a divorce law in the Philippines
Significance of the Study

The main purpose of this study is to provide a comprehensive analysis of the
divorce laws that were filed in the Senate of the Philippines. Specifically, the study aims
to benefit Women, Children and the Society.
Women
The 2003 report of the Philippine National Police shows that wife battering
accounted for 53.6 percent of the total 8,011 cases of violence against women. About
three of ten perpertrators were husbands of the victims. Husbands accounted for 28
pecent of the violence against women crimes. The Department of Social Welfare and
Development reported that in 2003, of the 15, 314 women in especially difficult
circumstances that the agency serviced, 25.1 percent of 5,353 were cases of physical
abuse, maltreatment and battering.
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Women have rights but it can never be enough. Given these realities and through the
existence of a divorce law, women will more likely be protected from spousal violence.
Children
The children are the most affected party in an irreparable and broken relationship
of their parents. It creates a very traumatic scenario that could affect self-worth, growth
and development. They suffer the consequences of the mistakes created by their
ascendants which should not be happening. Children are vulnerable and are prone to
physical, mental, emotional and psychological abuse and that could possibly be the result
of witnessing things that they should not while they are in the different stage of
development. The existence of a divorce law could possibly lessen, or if not end, several
forms of child abuse that is happening in reality,
Society
The study will provide an anti-thesis of the societal expectation that divorce
destroys the basic unit of the society: Family and that it is Anti-Filipino. The Civil Code
of the Philippines nor the constitution did not provide an exact definition of family.
Divorce strengthens the society in the sense that it eradicates sufferings among its
members may it be physical, emotional, mental and psychological. It brings peace and
order to the society.
Scope and Limitations of the Study

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The scope of the study focuses on the analysis and legalization of divorce laws in
the Philippines as it is necessary for all Filipino couples who are hopeless and irreparable
marriages. The respondents not only involved married and separated couples but as well
as government agencies concerned in the nature of the study such as Office of the
Solicitor General, Department of Justice, Supreme Court, Court of Appeals and Senate of
the Philippines. The Office of the Solicitor General holds and keeps the records of the
number of nullity of marriage, annulment and legal separation cases filed everyday.
Definition of Terms
These are the following terms that can be found in this study, which are defined
operationally to acquaint the readers for better understanding.
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Marriage a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to stipulation except that marriage
settlements may fix the property relations during the marriage within the limits provided
by this Code.
Divorce - the legal termination of a marriage by a court in a legal proceeding, requiring
a petition or complaint for divorce by one party. It is the legal separation of husband and
wife, effected, for cause, by the judgment of a court, and either totally dissolving the
marriage relation, or suspending its effects so far as it concerns the cohabitation of the
parties..
Constitution the supreme and fundamental law of the land.
Family Code of the Philippines the governing law on Family relations.
Annulment is in the nature of a court proceeding with the end view of severing the
marital bond between husband and wife. It is applicable only to voidable marriages, and
is availed of in a situation where the marriage is valid from the beginning but can be
annulled on various grounds by the court, specifically provided for under Article 45 of
the Family Code. A petition for annulment of marriage is applicable to marriages that are
voidable. Under Philippine law, a voidable marriage is one that is valid until otherwise
declared by the court.

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Legal Separation is a legal process by which a married couple may formalize a de
facto separation while remaining legally married. A legal separation is granted in the form
of a court order.
Psychological Incapacity incapacity or inability to take cognizance of and to assume
basic marital obligations, and is not merely the difficulty, refusal or neglect in the
performance of marital obligations or ill will.
Nullity of Marriage presupposes that the marriage was void from the beginning on
account of the inability of the parties to satisfy the formal and essential requisites of
marriage (Article 2 and 3 Family Code of the Philippines) as well as their failure to
comply the essential marital obligations of marriage, namely: to live together, observe
mutual love, respect and fidelity, and render mutual help and support. (Article 68 Family
Code of the Philippines).
Chapter II
Review of Related Literature
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This chapter contains informations gathered from books, journals, documentation

and web pages on the subject of Divorce in the Philippines.
Divorce in the Philippines

Several attempts were made to legalize a divorce law in the Philippines and
several times have the legislators failed and were rejected. The Philippines and Vatican
City are the only remaining states who do not recognize divorce in the world. Vatican in
view of the consideration that it is an ecclesiastical state has an excuse and Philippines a
state without religion do not recognize divorce is a big question.
Contrary to the common belief, things were not always like this, before the
enactment of the Civil Code of the Philippines, divorce was a legally recognized
procedure practiced extensively by the people.
History and Background of Divorce

Long before the advent of Spanish colonial rule beginning in the early 16 th
century, absolute divorce had been widely practiced among the ancestral tribes the
Tagbanwas of Palawan, the Gadangs of Nueva Vizcaya, the Sagadas and Igorots of the
Cordilleras, the Manobos, Bila-ans and Moslems of Visayas and Mindanao islands, to
name a few. During the Spanish occupation, the law on divorce was the
SietePartidaswhich allowed only legal separation. Under these provisions, legal
separation ordivortio a mensa et thoro may be granted when (1) one of the spouses
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sought to enter a religious order and the other granted permission to do so; (2) adultery
had been committed by either of the spouses; and (3) either of the parties had become a
heretic.
Upon the acquisition of the Philippines by the United States, the law on marriage
in force in the country was Article 44 to 78 of the Law of Marriage of 1870, otherwise
known as the Spanish Marriage Law, which was extended to the Philippines by a royal
decree on 13 April 1883. On December 1899, Major General Otis as Commander in
Chief of an American army in the Philippines promulgated General Order No.68. While
Order expressly repealed some of the provisions of the Spanish Marriage Law, the law on
Divorce continued in force.
In 1917, Act 2710 was passed by the Philippine Legislature repealing the
SietePartidas by allowing divorce only on the grounds of Adultery on the part if the wife
and concubinage in the part of the husband. To grant divorce, the guilt of the defendant
had to be established by final sentence in criminal action. In 1920, the Supreme Court of
the Philippines declared that the divorce consisting of judicial separation without the
dissolution of the bonds of matrimony, which was formerly granted for the adultery of
either spouses, has been abrogated and in its place has been substituted the absolute
divorce ex vinculismatrimonii, obtainable only under the conditions stated in said Act.
On 25th of March 1943, during the Japanese Occupation, Executive Order No. 141
was promulgated by the Chairman of the Philippine Executive Commission which
provided eleven grounds for divorce. The law lasted until 1944 when General Douglas

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MacArthur, by a proclamation, re-establised the Commonwealth Government. Through
the Proclamation Act 2710 was revived and the Japanese law on divorce repealed.
Attempts to relax the provisions of Act 2710 were made after the country was
liberated from Japanese occupation. Proposals to go away with the condition precedent of
conviction for adultery or concubinage and make continued absence as an additional
ground for divorce were eventually rejected. Parallel to these attempts were efforts to
completely abolish divorce because according to the Congressman Agustin Kintanar, it is
unchristian and fundamentally alien to the Filipino temperament and way of life and, as
noted by then Congressnan Francisco Perfecto, something scorned and looked down
upon.
On 30 August 1950, Act 2710 was repealed when the Civil Code took effect
which allowed only legal separation. During the deliberations on the Civil Cide, the
majority of the members were in favor of liberalizing the provisions on divorce; however.
They were asked by then President Manuel Roxas to be conservative on the subject. Last
minute attempts by then Congressman HermenegildoAtienza to include divorce
provisions were futile. As a result, the Civil Code made divorce illegal except under an
accompanying measure enacted the same month.
Two legal exceptions to the ban on absolute divorce were later recognized. The
first exception was made in 1977 when then President Ferdinand Marcos enacted
Presidential Decree No. 1083 (Muslim Code) which recognized Muslim divorce. The
second was added when the Civil Cide, amended in 1988 by the Family Code, recognized
divorce obtained by foreigners abroad against their Filipino spouses.
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At present, while there is no explicit divorce law to speack of, there are three well
defined scenarios where the process (or atlease its effects) is somewhat recognized by
law: (1) valid foreign divorce as provided under Article 26 of the Family Code to wit: (1)
valid foreign divorce as provided under Article 26 of the Family Code; (2) Muslim
divorce under the Muslim Code; and (3) Legal Separation under Articles 55-67 of the
Family Code.
Owing to the Nationality principle, only Filipinos are covered by the policy
against absolute divorce, the same being considered contrary to public policy and
morality. Divorce obtained abroad either by a foreigner or a Filipino who has become
naturalized in another country is recognized. Explicitly, the Family Code provides that,
where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under the Philippine law.
The exception is understood to allow a Filipino, divorced by a spouse who has acquired
foreign citizenship and remarried, to likewise remarry as if the other party were a
foreigner at the time of the solemnization of marriage.
After an alien spouse obtains a divorce decree, either of the spouses may file an
action for recognition of such foreign judgment or invoke such judgment as an integral
aspect of his or her claim or defense in another action. The burden of proof lies with the
person alleging the fact and validity of divorce becayse no sovereign is bound to give
effect within its dominion to judgment rendered by a tribunal of another country.

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The twin elements for the recognition of foreign divorce decree are: (1) valid
marriage that has been celebrated between a Filipino citizen and a foreigner; and (2) valid
divorce obtained abroad by the alien spouse capacitating him or her to remarry. It must be
shown that the decree of divorce is valid according to the national law of the foreigner
becayse a foreign judgment or final order against a person constitutes only as
Presumptive evidence of a right as between the parties and their successors in interest by
a subsequent title.
The second exception to the no divorce policy arises where both parties to the
marriage are Muslims or where only the male party is a Muslim; and the marriage is
solemnized in accordance with Muslim laws or the Muslim Code in any part of the
country, The Muslim Code governs the essential requisities and legal impediments of a
Muslim marriage as well as divorce, paternity and filiation, guardianship and custody of
minors, support and maintenance, claims for customary dower (mahr), bethrotal, breach
of contract to marry, solemnization and registration of marriage and divorce, rights and
obligations between husband and wife , parental authority, and the properly relations
between husband and wife. Accordingly, where the marriage is between a muslim and
non-muslim, solemnized not in accordance with Muslim Law, the Family Code applies.
Under the Muslim Code, divorce is the formal dissolution of the marriage bond
granted only after the exhaustion of all possible means of reconciliation between the
spouses. It may be effected by several means; (a) repudiation of the wife by the husband
or talaq; (b) vow of continence by the husband or ila; (c) injurious assanilation of the
wife by the husband orzihar; (d) acts of imprecation irli`an; (e) redemption by the wife
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orkhul`; (f) exercise by the wife of the delegated right to repudiate or tafwld; (g) judicial
decree or faskh.
Sharia`a Circuit Courts have exclusive original jurisdiction over all covil actions
and proceedings involving disputes relating to marriage and divorce recognized under the
Muslim Code. However, these courts are not vested with exlusive jurisdiction when it
comes to marriages celebrated under both civil and Muslim laws since the Muslim Code
does not provide for this kind of situation. The regular trial courts may still exercise its
general jurisdiction over actions for nullity of these marriages.
Relative divorce or legal separation is the third expection. Unlike the first two instances
which recognize absolute divorce, marital ties are not severed in legal separation and the
spouses are only permitted to live separately.
Divorce in Spain
Getting a divorce in Spain is a relatively straightforward process provided both
parties agree on the appropriate arrangements for children and assets. The divorce law in
Spain is no-fault, meaning that it is not necessary to cite a reason in order to obtain a
divorce. It only requires a petition from one of the spouses. Non-Spanish nationals can
obtain a divorce in Spain if they or their spouse is a Spanish resident or a Spanish
national.
The divorce rate in Spain places it among the mid-range of European countries. Divorce
is actually a relatively recent phenomenon in Spain and was only introduced to the
country in 1981. Since then figures have shown a steady increase in the incidence of
divorce. In 1990 nine years after it was made legal, the divorce rate was 0.6 divorces per
25

1,000 inhabitants. This increased to 0.9 divorces per 1,000 people in 2000 and rose
substantially to 2.2 divorces per 1,000 people in 2010. This is set against an average of
2.0 for the 27-member EU.
Once the divorce is granted, the parties to the marriage can remarry legally. Both parties
will immediately lose any marital inheritance rights and widow's pension rights, as well
as those obligations directly derived from their marriage. In addition, any joint financial
liabilities the couple has in relation to third parties are terminated. However, the divorced
parents
still
keep
their
duties
with
regard
to
their
children.
Spanish courts generally award alimony only where one of the spouses is clearly
disadvantaged economically as a result of the divorce. A typical example would be where
one spouse has given up a career to look after the children. Alimony awards vary but are
generally
between
15
40
percent
of
the
higher
income.
Where younger children are concerned, custody is awarded to the mother in most cases,
unless there are factors that demonstrate this would not be in the best interest of the child.
In recent years the courts have paid greater attention to considering awarding joint
custody. If the couple agrees to share visitation rights the judge will take this into
account.
Regarding the division of assets, the rules are affected by where the couple is living. In
Catalonia, Aragon, Navarre, Balearic Islands and the Basque Country, Separcin de
Bienes is the default system. This allows a couple to retain ownership of items that they
brought with them into the marriage. Where joint purchases were made during the
marriage they are divided according to the contribution made by each party. Court rulings
26

have also attributed a financial value to non-financial contributions, such as doing
domestic chores or raising children. In the other Spanish regions, Sociedad de
Gananciales applies, where all assets acquired during the marriage are considered to
belong to both spouses equally, unless they are private goods. Dual ownership would
apply to rental income, businesses and goods bought via installments from the
matrimonial pot. The spouses may divorce by mutual agreement when they have been
married for at least three full months. Whenever the parties ask the judge for a divorce
order, a proposal of governing convention (convenio regulador) must be attached to the
petition. It is not necessary for the couple to have been legally separated for any period of
time before filing for divorce. In certain cases a party may petition for a divorce without
waiting for the three-month period. This would apply when there is a proven danger to
the life, physical integrity, liberty, moral integrity or sexual liberty or indemnity of the
petitioner.
Divorce in Malta
Despite civil marriage being introduced in 1975, no provision was made for
divorce except for the recognition of divorces granted by foreign courts. Legislation
introducing divorce came into effect in October 2011 following the result of a referendum
on the subject earlier in the year. It provides for no-fault divorce, with the marriage being
dissolved through aCourt judgement following the request of one of the parties, provided
the couple has lived apart for at least four years out of the previous five and
adequate alimony is being paid or is guaranteed. The same law made a number of
27

important changes regarding alimony, notably through extending it to children born of
marriage who are still in full-time education or are disabled and through protecting
alimony even after the Court pronounces a divorce.
Divorce in Italy
Divorce was introduced in Italy by law of 1 December 1970. An abrogative
referendum supported by Catholic organizations and by the Vatican was defeated on May
12, 1974. A constitutional issue had been also raised with regard to Italy's obligations
under the Lateran Treaty, entered into in 1929, on whether it prohibited Italy from
authorizing divorce. Before 1970, there was no provision for divorce in Italian law, and
the difficulty of ridding oneself of an unwanted spouse in the absence of any legal way to
do so was a frequent topic of drama and humor, reaching its apotheosis in the 1961
film Divorce, Italian Style.
In Italy, almost all divorces are granted on the ground of legal separation. In 2015,
the period of legal separation was reduced to one year, and six months in the case of
consensual separation (from the previous three years), [25] since the comparition of the
spouses at the first hearing hearing in the separation procedure or since the date of the
separation agreement. A separation decree may be granted when there are facts that
would render the continuation of married life intolerable or have a serious and damaging
impact on the upbringing of the children. Separation may also be granted by mutual
28

consent. Separation by mutual consent and uncontested divorce are also possible without
judicial procedure.
Divorce may be granted without a previous legal separation only in very rare
cases (e.g. final criminal conviction, annulment or divorce obtained abroad by the foreign
spouse, unconsummated marriage, sex change).
Divorce in United States of America

Divorce in the United States is a matter of state rather than federal law. In recent
years, however, more federal legislation has been enacted affecting the rights and
responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of
divorce govern; all states recognize divorces granted by any other state. All states impose
a minimum time of residence. Typically, a county courts family division judges petitions
for dissolution of marriages.
Before the latter decades of the 20th century, a spouse seeking divorce had to
show cause and even then might not be able to obtain a divorce. The legalization of nofault divorce in the United States began in 1969 in California, pursuant to legislation
signed by then Governor, Ronald Reagan, and was completed in 2010, with New
York being the last of the fifty states to legalize it. [38][39] However, some states still require
some waiting period before a divorce, typically a 1 to 2year separation. Fault grounds,
when available, are sometimes still sought. This may be done where it reduces the
29

waiting period otherwise required, or possibly in hopes of affecting decisions related to a
divorce, such as child custody, child support, or alimony. Since the mid-1990s, a few
states have enacted covenant marriage laws, which allow couples to voluntarily make a
divorce more difficult for themselves to obtain than in the typical no-fault divorce action.
Mediation is a growing way of resolving divorce issues. It tends to be less
adversarial (particularly important for any children), more private, less expensive, and
faster than traditional litigation.[40] Similar in concept, but with more support than
mediation, is collaborative divorce, where both sides are represented by attorneys but
commit to negotiating a settlement without engaging in litigation. Some believe that
mediation may not be appropriate for all relationships, especially those that included
physical or emotional abuse, or an imbalance of power and knowledge about the parties'
finances.
States vary in their rules for division of assets. Some states are "community
property" states, others are "equitable distribution" states, and others have elements of
both. Most "community property" states start with the presumption that community assets
will be divided equally, whereas "equitable distribution" states presume fairness may
dictate more or less than half of the assets will be awarded to one spouse or the other.
Commonly, assets acquired before marriage are considered individual, and assets
acquired after, marital. Attempt is made to assure the welfare of any minor children
generally through their dependency. Alimony, also known as 'maintenance' or 'spousal
support', is still being granted in many cases, especially in longer term marriages.
30

A decree of divorce will generally not be granted until all questions regarding
child care and custody, division of property and assets, and ongoing financial support are
resolved.
Due to the complex divorce procedures required in many places, some people
seek divorces from other jurisdictions that have easier and quicker processes. Most of
these places are commonly referred to negatively as "divorce mills."
Where people from different countries get married, and one or both then choose to
reside in another country, the procedures for divorce can become significantly more
complicated. Although most countries make divorce possible, the form of settlement or
agreement following divorce may be very different depending on where the divorce takes
place.
In some countries there may be a bias towards the man regarding property
settlements, and in others there may be a bias towards the woman concerning property
and custody of any children. One or both parties may seek to divorce in a country that has
jurisdiction over them. Normally there will be a residence requirement in the country in
which the divorce takes place. See also Divorces obtained by US couples in a different
country or jurisdiction above for more information, as applicable globally. In the case of
disputed custody, almost all lawyers would strongly advise following the jurisdiction
applicable to the dispute, i.e. the country or state of the spouse's residence. Even if not
disputed, the spouse could later dispute it and potentially invalidate another jurisdiction's
ruling.
31

Synthesis
Divorce once existed ion the Philippines but as the law stands and subject to only
three excpetions, the Family Code does not allow divorce. Divorce is neither a novel
concept for Filipinos nor an unfamiliar legal and cultural approach to Philippine
marriages. To recognize divorce is to reintroduce what was once legal in the country
during the pre-colonial era and before the Civil Code was enacted. While politics and
religion have influenced the absence of divorce in the country, a decision to restore and
legalize divorce must be guided by law and reality.

32

CHAPTER III
METHODOLOGY
Research Design
The Descriptive historical approach of research method was used in this study. It
aimed to provide an accurate description of the current state of some phenomenon related
to the study. Causal Comparative Study was utilized to compare difference among
phenomena to determine if certain factors or circumstances tend to accompany certain
events, conditions, or processes. It was used to compare the states with and without
divorce and in giving the history and background of the different divorce bills which was
filed in the Senate of the Philippines.
Furthermore, Documentary analysis amd Public Opinion Surveys were also used
to establish the fact that the legalization of divorce is an immediate necessity. It was
utilized to enhance the decision making process by government officials.
Data Gathering
The comprehensive study required the opinions of people with appropriate
knowledge on the given issue at hand.
The researcher did not confined himself to books, news articles, and blogs but
delved into the recorded annulment cases for the past few years in the Office of the
Solicitor General and number of battered wife and child abuses in the Department of
33

Justice to support the arguments that he presented in the immediate chapters. The
researcher ensured that he will resort to persons with appropriate knowledge to the given
issue at hand such as the chair person of the senate committee on women, children,
family relations and gender equality, Senator Pia Cayetano to ensure that the data he will
be gathered will suffice to the problems of the study.
Sources of Data
The researcher resorted to primary and secondary data in presenting the review of
related literature and studies which were obtained from the records of agency and
departments of the Government, books, journals, decided cases of the supreme court and
other internet sources.
Data Analysis
The researcher arranged the tables and data acquired from the Office of the
Solicitor General (OSG), Department of Justice (DOJ) and Senate of the Philippines. The
Divorce Bills were compared to find out and observe the most appropriate divorce bill
that was filed un the Senate of the Philippines. The number of annulment cases filed
every year and number of battered wife and child abuse yearly were also presented.
Lastly, the existing remedies in the Philippine system were also discussed to establish its
inadequacy.

34

35

CHAPTER IV
RESULTS AND DISCUSSION
Divorce Bills filed in the Senate of the Philippines

HB 1799 (2011)
HB 4016 (2005)
Summary
Grounds
HB 6993 (1999)
SB 782 and HB 878 (2001)
The bill recognized both

divorce and legal
separation.
1.) Separation de facto
for atleast five years
at the time of the
filing of the petition
and reconciliation is
highly improbable.
2.) Legally separated
for at least two years
at the time of the
filing of the petition
and reconciliation is
highly improbable.
3.) Any grounds for
legal separation has
caused the
irreparable
breakdown of the
marriage.
4.) Psychological
incapacity of one or
both spouses.
5.) Irreconcilable
differences that have
caused the
irreparable
breakdown of
marriage.
The bills scrapped off legal

separation and replaced it with
divorce.
1.) Repeated physical violence or

grossly abusive conduct
directed against the other
spouse, a common child, or a
child of the spouse.
2.) Physical violence or moral
pressure to compel the other
spouse to change religious or
political affiliation.
3.) Attempt to corrupt or induce
the other spouse, a common
child, or a child of the spouse,
to engage in prostitution, or
connivance in such corruption
or inducement.
4.) Final judgement sentencing
either of the spouses to
imprisonment of more than
six years, even if pardoned.
5.) Drug addiction or habitual
alcoholism.
6.) Lesbianism or homosexuality
7.) Contracting a subsequent
bigamous marriage, whether
in the Philippines or abroad.
8.) Sexual infidelity or
perversion.
9.) Attempt on the life of the
other
36

10.)
Abandonment of
spouse without justifiable
cause for more than one year.
11.)
Irremediable
breakdown of the marriage
relationship due to
irreconcilable differences.
Cooling off Period
Consequences of
Divorce
6 months from filing of petition

when the grounds are that of (3)
and (5) except in cases involving
violence against women and
children under R.A. 9262
1. Marriage bonds are

severed.
2. Absolute community
and conjugal
partnership property
are equally divided
between the spouses.
3. Presumptive legitimes
of children are
delivered.
4. Spouses who is not
gainfully employed is
entitled to support for
one year from finality
of decree or until he or
she finds adequate
employment,
whichever comes first.
5. Actual, moral, and
exemplary damages
may be awarded to the
aggrieved spouse.
6. Custody of minor
children is determined
by court.
7. Children are entitled
to support.
8. Children conceived or
born before the
finalityof the decree
6 months from filing of petition.
1. Marriage bonds are severed after

a year the divorce decree
becomes final.
2. Absolute community and
conjugal partnership property
are equally divided between the
spouses however if there is a an
adjudged offending spouse, said
spouse does not have any share
to the net profits except further if
the ground for the divorce is that
under (3), the net profits are
divided equally.
3. Presumptive legitimes of
children are delivered a year
after the decree become final.
4. Custody of minor children is
awarded to the innocent spouse
except if the ground is that under
(3), the custody is awarded to the
spouse more capable in ensuring
moral , mental and physical
well-being.
5. Children are entitled to support.
6. Parties are disqualified to inherit
from each other by intestate and
testate succession.
7. Any of the spouses may revoke
donations in favor of the other
spouse as well as the irrevocable

37

are legitimate.
9. Parties are disqualified
to inherit from each
other by intestate and
testate succession.
10. Under the grounds for
divorce are (3) and
(5), the innocent souse
may revoke donations
in favor of the other
spouse as well as the
irrevocable
designation of the
offending souse as
beneficiary in an
insurance policy.
Prescription
Efforts to reconcile
None
designation of the other as

beneficiary in an insurance
policy.
Petition must be filed within 1 year from

knowledge of cause .
Not mentioned
State of
Participation
Effects upon filing
Judgement based on
stipulation of facts
or confession of
judgment
Denial of Petition
Reconcialiation during the

pendency of the proceedings
terminates the petition.
Reconciliation after the issuance
of the decree sets aside
thedivorce.
None
1.) Spouses are entitled to live separately from each other.

2.) Court designates administrator of absolute community or conjugal
partnership property.
3.) Court provides for support of the spouses and the custody and
support of their common children.
Not allowed
1.) Connivance
2.) Collusion
Connivance
Collusion
Consent
Condonation
Both parties at fault
Prescription

38
Divorce abroad
A divorce obtained abroad

by a Filipino is valid in the
country if based on any of
the grounds provided under
the Philippine laws.
Irreconcilable martial differences

are insufficient to justify divorce
Petitioner has not resided in the
country within one year prior to
filing the petition.
Not mentioned
Table 1.1 Comparison of Divorce Bills filed in the Senate of the Philippines
Allowing Absolute Divorce in the Philippines
Divorce is a controversial topic, except that it is often discussed with hushed voices.
Many are just waiting for the right opportunity to end their respective marriages, and the
reasons are diverse physical abuse (against the spouse and/or the children). Sexual
infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility,
loss (and transfer) of affection, among others. Unfortunately, these grounds are not
enough to severe the marital bond through annulment. In lieu of divorce, married persons
resort to annulment and according to the Office of Solicitor General (OSG), there is an
alarming increase in the number of annulment cases in the Philippines. The number of
annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose
to 7,138 (2006) and 7,753 (2007).
Existing Philippine Laws regarding Divorce

39

Philippine laws do not provide for absolute divorce, but divorce was available in
certain periods in the Philippine history. Divorce was allowed under the Divorce Law of
1917 (Act No.2710) and during the Japanese occupation, pursuant to Executive Order
No. 141 (1943). As the law stands today, however, a marriage between two Filipinos
cannot be dissolved even by a divorce obtained abroad. In a mixed marriages involving a
Filipino and a foreigner (or former Filipinos), Article 26 of the Family Code allows the
former to contract a subsequent marriage in case the divorce is validly obtained abroad by
the Alien spouse capacitating him or her to remarry.
It is not correct to say that there is absolutely no divorce in the Philippines. Under
Presidential Decree No. 1083 also known as the Code of Muslim Personal Laws of the
Philippines. Divorce is allowed in certain instances, but this law applies only when both
parties are Muslims, or wherein only the male party is a Muslim and the marriage is
solemnized in accordance with Muslim law in any part of the Philippines. For the rest of
Filipinos, therefore, divorce is not available.
Efforts to Legalize Divorce in the Philippines
In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill.
According to Representaive Masa, the Annulment process has been expensive for most
Filipinos and has not been responsive to the needs of women, particularly those suffering
from marital abuse. In 2001, similar bills were filed in the Senate (Bill No. 782),
Introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878),
Introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C.

40

Ortega filed House Bill No. 6993, seeking for the legalization of divorce. The highlights
of the Explanatory note of House Bill No.6993, in support of divorce, are:
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. The bill seeks to give spouses which are shacked by an
irretrievably broken marriage the freedom to remarry and possibly succeed in attaining a
stable and fulfilling family life.
Divorce is not a novel legal right. The Family Code sanctions relative divorce (a mensa
et thoro). Legal Separation is a recognized remedy for victims of failed marriages. 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.
Divorce is not exclusive to contemporary times. Before the Spanish colonial rule in the
early 16th century, absolute divorce had been 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.
There were prior divorce laws. In 1917, Act 2710 allowed divorce on the grounds of
adultery on the part of the wife and concubiinage on the part of the husband. During the

41

Japanese Occupation, a new law on absolute divorce, E.O. No. 141, was promulgated
providing for ten grounds for divorce. These laws are no longer in effect.
Based on the increasing number of failed marriages which confines many of our citizens
to a perpetual state of marital limbo, it has become morally and socially acceptable for
many Filipinos to grant spouses of broken marriages the legal right to remarry. The
present grounds of legal separation which are recognized in our society as justifiable
bases for relative divorce should be re-enacted as lawful grounds for absolute divorce. In
addition, it is recommended that irreconcilable marital differences be included in our
present civil laws as justifiable cause for absolute divorce because not all circumstances
and situations that vitiate the institution of marriage could be specifically categorized and
defined by our lawmakers. Spouses living in a state of irreparable marital conflict or
discord should be given the opportunity to present their marital contrarieties before the
courts and have such differences adjudged as substantial grounds to dissolve or sever the
legal bond of marriage.
In addition to these reasons, there are criticisms that the existing laws on annulment are
anti-poor, as the high cost needed to pursue a case for annulment prevents the poor from
securing one. This, however, is the very reason cited by those who oppose divorce the
high cost is intended to discourage the people from trifling with marriage. Allowing
divorce would serious weaken the institution of marriage. Anyone could decide to get
married without thinking twice because they can get out of the marriage easily with
divorce. If the current increase of annulment cases is alarming, imagine how the
allowance of divorce would greatly increase the figure. Other arguments against the
42

legalization of divorce are contained in the Position Paper of the Commission on Human
Rights (CHR) against these bills. The highlights are:
1. The proposal to legalize absolute divorce with the right to remarry violates
relevant international instruments on human rights, particularly Article 16 (3) of
the United National Declaration of Human Rughts.
2. The innocent spouse and the children in most cases may suffer economic
difficulties. Aside from being abandoned by the guilty spouse, the innocent
spouse and children, in most cases, will suffer untold economic difficulties. The
divorced spouses who will remarry will have to maintain another family of their
own.
3. The human rights of the innocent spouse is violated. The guilty spouse in the
divorce case is allowed to abandon or neglect his obligation to provide company
and care of the innoncent spouse and the children, thus violating Article 68 of the
Family Code which reads: The husband and wife are obliged to live together,
observe mutual love, respect and fidelity and render mutual help and support.
4. Irrespective of any religious beliefs, divorce of spouses with right to remarry
constitutes a grave offense against a natural law. Divorce is unnatural and
immoral as it causes disorder in the family and society. Because of its contagious
effect in society, it becomes a plague on society. A divorce invites another
divorce. The innocent spouse who has not contravened any law is unlawfully
deserted.
5. Absolute divorce is destructive of the family as a social institution mandated
under the Constitution. One of the basic policies of the State, as declared in the
principles of the Philippine Constitution reads: The State recognizes the sanctity
43

of family life and shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the
rearing of the young for civic inefficiency and the development of moral character
shall receive the support of the government. (Article 11, Section 12) The relevant
constitutional provisions will have to be amended before the divorce bills will be
enacted into law.
6. Absolute divorce violates the concept of marriage, a permanent union of man and
woman. The Family Code defines marriage as a permanent union of man and
woman (Article 1). The Civil Code also provides for the presumption of the
solidarity of the family and the indissolubility of marriage bonds (Art.220).
Absolute divorce destroys the very cobcept of family as an inviolable social
institution. The purpose of the proponents of the Senate and House bills that it will
giove an opportunity for the spouses to separate from an intolerable spouse and by
entering into a new marriage is not altogether an assurance that the new marriage will
be a happy and permanent one. The experience in countries where divorces are
allowed and easily obtained, such as the United States, is that people divorces have
experienced multiple divorces and have remarried several times in their selfish desire
to get rid of unwanted spouses by intentionally creating the cause of the divorce.
NULLITY
ANNULMENT
LEGAL SEPARATION

44

1.) Contracted by
parties eighteen
and below.
2.) Solemnized by a
person without
legal authority;
3.) Solemnized
without a
marriage license;
4.) Bigamous or
polygamous in
nature;
5.) Contracted
through mistake
of identity;
6.) Subsequently
contracted absent
prior recording
with the
appropriate civil
registry and
registry of
properties of the
judgment of
annulment or
nullity of
marriage,
partition and
distribution of the
properties of the
spouses and
delivery of the
children`s
presumptive
legitimes;
7.) Contracted by
any party who,
at the time of the
celebration, was
psychologically
incapacitated to
1.) Any of the

contracting
parties was
eighteen years of
age or over but
below twenty-one
and the marriage
was solemnized
without parental
or substitute
parental consent;
2.) Any of the parties
was of unsound
mind;
3.) Consent of either
party was
obtained by
fraud;
4.) Consent of either
party was
obtained by force,
intimidation or
undue influence;
5.) Continous and
incurable physical
incapacity to
consummate
marriage by
either of the
parties; and
6.) Either party was
afflicted with a
serious and
incurable sexually
transmitted
disease.
1.) Repeated
physical violence
or grossly abusive
conduct directed
against the other
spouse, a
common child, or
a child of the
spouse;
2.) Physical Violence
or moral pressure
to compel the
other spouse to
change religious
or political
affiliations.
3.) Attempt to
corrupt or induce
the other spouse,
a common child,
or a child of the
spouse, to
engage in
prostitution, or
connivance in
such corruption
or inducement;
4.) Final judgment
sentencing either
of the spouses to
imprisonment of
more than six
years, even if
pardoned;
5.) Drug addiction or
habitual
alcoholism.
6.) Lesbianism or
homosexuality;
7.) Contracting
subsequent

45

comply with the
essential marital
obligations of
marriage;
8.) Incestuous in
nature; and
9.) Contracted
against public
policy.
bigamous
marriage;
8.) Sexual infidelity
or perversion;
9.) Attempt on the
life of the other;
and
10.)
Abandonm
ent of spouse
without justifiable
cause for more
than one year.
Table 2.2 Existing Legal Framework on Marriage

Nullity, Annulment, and Legal Separation are insufficient
The most fundamental argument in favor of the enactment of a divorce law is the very
glaring inability of the existing legal mechanisms to address the often complex and
multiple causes behind the separation cases and failed marriages. The following points,
which are discussed seriatim, serve to elaboarate further: 91) actions for nullity and
annulment do not recognize domestic violence as a valid ground for terminating a
marriage; (2) a number of other plausible grounds for separation exist but are not
recognized by any of the three existing remedies; (3) Psychological incapacity, as a
ground for nullity of marriage under Article 36 of the Family Code, is prone and has in
fact been subject to abuse; (4) the default participation of the State in actions for nullity,
annulment, and legal separation often obstructs to the point of being unreasonable the
realization of a mutual desire to separate by two consenting adults; (5) the prohibitive
costs of pursuing any of the existing legal remedies discriminates among social classes;

46

and (6) on a related note, permitting divorce for Muslims and foreigners actually
discriminates against Non-Muslim Filipinos.

47

]
CHAPTER V
SUMMARY, CONLUSIONS, RECOMMENDATIONS
This chapter presents the summary of the findings of the study, the conclusion
derived from the data gathered and the recommendation.
Summary
My study is about the legalization of divorce in the Philippines and to establish the fact of
its necessity for the Filipino couples who are in hopeless and irreparable marriages.
Legalization of divorce is definitely called for amid the rising number of nullity,
annulment and legal separation cases which are denied by the courts for lack of legal
grounds. The issues on the existing legal frame work are too grave to ignore. Unlike
nullity and annulment actions, divorce recognizes the existence of a valid marriage.
Unlike legal separation, divorce severs marriage bonds. Divorce fills in the gaps left by
the existing legal framework on marriage. If divorce is not reintroduced into domestic
law, the weakness of nullity, annulment, and legal separation will never be addressed.
For brevity, the following justifications to legalize divorcer into Philippine law must be
kept in mind:

48

1. The Philippines has the constitutional mandate to protect and strengthen the
family and marriage. The term family is neither limited to a patriarchal concept
nor referring only to the nuclear family.
2. Divorce protects and strengthens the family. It produces positive consequences for
the spouses and children which ultimately benefits the society in general.
3. The Philippines, as signatory to international human rights treaties, has a legal and
building obligation to respect the rights against non-discrimantion, equality of
men and women, against torture and cruel, inhuman or degrading treatment or
punishment, and to marriage and family.
4. Treaty Monitoring bodies have continuously expressed their concern on the lack
of divorce in the country and are consistent in recommending that a divorce law
be enacted.
5. Divorce is legal and Constitutional. The drafters of the Constitution had no
intention to prohibit divorce. Other Catholic Countries with constitutional
provisions on family and marriage similar to that of the Philippines allow divorce.
6. Divorce reduces the incidence of domestic violence. At present, physical violence
is only a ground for spouses to live separately from each other. Divorce provides
battered spouses an effective remedy to address the abuse.
7. Divorce terminates a valid marriage based on grounds occurring during the
marriage. It does not require proof that marriage is void or defective from the
beginning. Divorce gives recognition to the validity of a marriage which the
existing legal framework on marriage does not make possible.
8. Divorce promotes equality among muslim and non-muslim Filipinos, and
foreigners. Two exceptions to the No divorce policy benefit only Muslim
Filipinos and foreigners effectively excluding majority of Filipinos who are nonMuslims.
49

9. Majority of Filipinos favor the Legalization of Divorce into domestic law. As a
democratic and republican government, the Philippines have the duty to defer to
the will of the people.
10. The existing legal framework on marriage is onerous, unreasonable, and
inaccessible for majority of Filipinos. Limited and exclusive grounds, prohibitive
costs for legal and professional fees, default State participation, universal
requirement of adversarial proceedings, and lengthy judicial process render the
remedies of nullity, annulment, and legal separation ineffective.
Recommendations
Based on the study provided for in the prior chapters, considering the practical effects of
divorce, the following are some of the major areas that must be taken into account:
(a) Incorporation of all forms of spousal and child abuse as grounds for divorce
All forms of violence must constitute grounds for divorce without need to prove
that it resulted in the irreparable breakdown of the marriage and regardless of
whether it was committed against the husband, wife, or their children. For an
abused spouse to necessarily present evidence that his or her marriage is beyond
repair before divorce may be granted implies that the State, depending on the
circumstances, may condone abuse within the marriage. This goes against the
State`s policy to protect and strengthen the family and marriage and its
international human rights obligations to end violence and discrimination.
(b) Entitlement of Support for the Innocent Spouse and children after divorce
One of the effects of divorce is a decrease in the Family`s income. The decrease is
particularly felt by families where there is only one income-earner. The two latest
50

divorce bills were filed in Congress proposed the entitlement of support for the
Children and spouse who is not gainfully employed. A distinction must be made
between an innocent and guilty spouse. Spousal support must be limited to the
innocent spouse because the guilty spouse cannot be made to benefit from his or
her wrong doing whatever his or her economic status may be.
(c) Non-inclusion of the ground of psychological incapacity for nullity or divorce
The fact that the concept of psychological incapacity has been borrowed from
canon law intensifies the issues on the prohibitive costs and abuse by the parties
of such ground. Great respect is given by the courts to the interpretations of the
National Matrimonial Tribunal of the Catholic Church. Psychological incapacity
must not be included as a ground for divorce because civil and canon laws must
remain independent of each other pursuant to the constitutional principle
separation of church and state.
(d) Inclusion of Both fault and no-fault divorce
Both fault and no-fault divorce is essential for an effective divorce. As noted by
the Women`s Legal Bureau, a no-fault divorce is ideal given the realities of
marriage and the myriad causes of marriage breakdown. With no-fault divorce,
spouses are empowered to determine for themselves the viability of continuing or
ending their marriage. Marriage is consensual in character and its continuance
must be subject to the voluntary agreement of the parties with only the necessary
safeguards in place to prevent abuse.

51

52
REFERENCES

53
ANNEXES

54
ANNEX A
House Bill 1799

55
ANNEX B
House Bill 4408

56
ANNEX C
(The Researcher`s Profile)
Heyward Joseph C. Ave

Blk 1 lot 5 phase 2 extension, Mabuhay City Subd.
Paliparan III, Dasmarinas City, Cavite
09279104496 / ave.heywardjoseph@yahoo.com
General Objective:
57

Looking for a position of Legal Assistant where I can utilize secretarial and
legal skills in an environment beneficial for mutual growth and development in the legal
sector.
Skills:
Proficient in both written and spoken English and Filipino language

Adaptability and ability to work under pressure
Ability to get along well with co-workers and accept supervision.
Computer-literate with software proficiency covering variety of applications.
Argumentation and Debate
Knowledge:
Criminal Law
Criminal and Civil Procedure
Civil Law
Philippine Political and Constitutional Law
Statutory Construction
International Law
Labor Law and Legislation
Corporation Law
Educational Background:
Lyceum of the Philippines University
Manggahan, General Trias, Cavite
2012 - 2016
Secondary Education
Saint Aloysius Academy of Dasmarinas
Palipaparan III, Dasmarinas, Cavite
2008 - 2012
Elementary Education
Paliparan, Dasmarinas, Cavite
Marymel Academy Inc.
2002 2008
Awards/Achievements:
Graduated First Honorable Mention in Elementary Level

58
Graduated Valedictorian in Secondary Level

FAPE Consistent Scholar (1st year high school 4th year high school)
Governor Jonvic Remulla Provincial Scholarship Program
Gerry Roxas Leadership Awardee
Recepient of Loren Legarda Leadership Award
Recepient of the Eagle Medallion
Associate Editor-in-Chief of The Gonzagan (CMMA nominee)
Deans Lister and Entrance Scholar
TOEIC Exam Passer (Certified Working Proficiency Level)
Academic Excellence Awardee
Mercury Drug Excellence in Science Award
Extra-Curricular Activities, Membership and Affiliation:
Vice President Internal of CAS Student Government

President of Lyceum Central Student Government (LYCESGO)
Founder of LPU Lykeios Debate Society
Eagle Scouts Organization of the Philippines
Gerry Roxas Leadership Awardees
Sining ng Arte at Galaw Theater Organization
Associate Editor in Chief The Gonzagan
Editor in Chief Ang Krusipiks
Legal Studies Society
Cavite School Division Press Conference
C.A.T Corpse Commander (Philippine Air Force)
Seminars and Trainings Attended:

3rd General Trias Youth Leadership Summit
August 16, 2014
University Auditorium, Lyceum of the Philippines University
DLSU Dasmarinas Pre Law Society Mock Trial
March 12, 2014
Bulwagang Jose Basa, De La Salle University Dasmarinas
Environmental Management Society Orientation
January 26, 2014
59
2015
2015
2015
2008
2012
2013
2014
2014
2014
2010
2011

Image and Skill Enhancement Training
February 14 and 17, 2015
National Legal Management Festival
February 28, 2015
San Beda College, Mendiola
4th Youth General Trias Youth Leadership Summmit
August 20, 2015
1st CALABARZON Eco-leaders Summit
September 5, 2015
Local Government Academy, Los Baos, Laguna
GMA NEWS TV LEARNIVERSITY: Facing the real world through the insights of
industry professionals
September 15, 2015
Personal Details
Sex
Date of Birth
Age
Marital Status
Caste & Religion
Language known
Birth Place
Mother`s name
Father`s name
:
:
:
:
:
:
:
:
:
Male
June 6, 1995
19
Single
Catholic
English, Bisaya and Filipino
Tacloban City
Zenaida C. Ave
Neri A. Luna
Work and Experiences:

Pasay City Hall of Justice, Office of the City Prosecutor
Intern
Accomplished 300 hours of training.
Assisted the Assistant State Prosecutor in high profiled cases.
60

Character References:
Hon. Michael Vito Cruz
State Prosecutor
Department of Justice
Hall of Justice, Pasay City Prosecutors Office
Atty.Dean Ace Pamaran
Court Attorney
Court of Appeals
Office of Justice Mario Lopez

61

A Comprehensive Study About The Legalization of Divorce in The Philippines

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