The Absolute Divorce Act

of 2018
Restating Divorce in the Philippines
Philippine Divorce

 Vatican and the Philippines are the only country that does not have
divorce law.
 Marriage is considered as a fount of love, protection and care. The
Philippine society provides cultural and legal protection to preserve the
marital relations.
But the cultural prescription for women and men differ. Women traditionally
regarded as primary responsible for making the marriage work and are
expected to give up everything to preserve the marriage and the family.
Historically,
Before the Spanish colonial rule, absolute divorce was widely practiced
among ancestral tribes such as the Tagbanwas of Palawan, Gadangs of
Nueva Viscaya, Bontocs and Kankanais of Cordilleras and Moslems of the
Visayas and Mindanao Islands.

August 30, 1950

Under New Civil
Japanese Code, Divorce was
American Period 1917 disallowed under
Under Act No. 2710 Occupation under
Executive order No. Philippine law. Only
enacted by the legal separation was
Philippine Legislature 141 and after until
1950 available.Same rule
was adopted by the
Family code.
 The Family Code of 1988 replaced the provisions of the New Civil Code of
Marriage and the Family and introduced the concept of Psychological
Incapacity as a basis.

 The framers of the 1987 Constitution left the wisdom of legalizing divorce to
Congress. The 1987 Constitution does not prohibit the legalization of
divorce.
 Restoring Divorce

There are many failed, unhappy marriages across all

Filipino classes. Many couples especially from the
marginalized sectors, who have no access to the courts
simply end up separating without benefiting legal
processes.
 Many things beyond the control of spouses did happen to our society that
put tremendous pressure on the stability of Filipino families. Political,
economic and social realities take toll on the couple’s relationship.

Rising incidence of OFWs seeking annulment to

their marriages.
 - Source:Office of the Solicitor
General,
https://www.rappler.com/newsb
reak/iq/117260-in-numbers-
marital-woes-annulment-
philippines

Rising number of couples looking for an escape hatch from

their troubled marriages other than those already provided
by our marriages laws.
 53.2% 46.8%
Source: Office of the Solicitor General

More women initiate filing annulment than men

Introducing divorce as another option in couples for failed and irreparable
marriages, an option based on the recognition that the right to enter into a
marriage contract has the corresponding spousal right to end such contract
when it has reached the point of irreparability.

Legal Nullity of Annulment Divorce

Separation marriage
House Bill 7303
“The Absolute divorce Act of 2018”
Rep. Edcel Lagman, Rep. Robert Barbers, Rep. Emmi De Jesus. Rep. Arlene Brosas, Rep.
Teddy Baguilat Jr. , Rep. Rodel Batocabe, Rep. Ariel Casilao, Rep. France Castro, Rep.
Nancy Catamco, Rep. Pia S. Cayetano, Rep. Sarah Elago, Rep. Gwendolyn Garcia, Rep.
Ana Cristina Go, Rep. Pantaleon Alvarez, Rep. Antonio Tinio, Rep. Carlos Isagani Zarate,
Rep. Eleanor Bulut-Begtang

Re-filed in the
The Gabriela
17th Congress.
Women’s Party
Re-filed in 14th, Now HB 7303 (in
first filed the
15th and 16th substitution of
divorce bill in the
HBs 116,1062,
13th congress
2380, 6027)
Grounds for Absolute Divorce

 de facto separated for at least five (5) years

 legal separation for at least two (2) years
 one of the spouses has contracted bigamous marriage;
 one of the spouses has been sentenced to imprisonment for six (6) years
 has undergone a sex assignment surgery
 both spouses filed a joint petition for the dissolution of their marriage
Provides priority for OFWs

 OFW petitioner shall be given priority with the proper court with respect to
the hearing of their petitions and the court shall set the reception of
evidence, upon the availability of the petitioners, for not more than two (2)
consecutive days
Six-month cooling off period

 except for grounds under summary judicial proceedings, the proper court
shall not start the trial of a petition for absolute divorce before the
expiration of a six-month cooling-off period after the filing of the petition
during which the court shall exercise to reunite and reconcile the parties
 the requirement of a cooling off period shall not apply in cases which
involves acts of violence against women and their children act of 2004 or
attempt against life of the other spouse or a common child or a child of the
petitioner
Effects

 Right to have marry again either civil or religious ceremony

 Minor child custody shall be decided by the proper court
 Conjugal partnership of gains shall be dissolved and liquidated and the
assets shall be equally divided.
 The petitioner who is not gainfully employed shall be entitled to support
shall until the petitioner find adequate employment.
 Revocation. Five years from the time the decree of absolute divorce has
become final.
 Legitimate and adopted children shall retain its legal status and legitimacy
Recognition of reconciliation

 A corresponding joint manifestation, shall be filed with the same court were
the petition for absolute divorce was filed. All the proceedings if still
pending shall be terminated and the final decree shall be set aside. The
property of the share of the respondent already effected shall subsist unless
the spouse agree to revive their former property regime.
Penalty

 Imprisonment of five (5) years and fine of P200,00. For who is found guilty in
using threats or coercion to compel the other spouse in filing the petition
 Any parent in default of providing the required child support shall imposed
stiffness and contempt of the court
Prospect on the development of the
Bill