Академический Документы
Профессиональный Документы
Культура Документы
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
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 preclude the study more pertinent and sensible to the reader.
The main objective of the study is to ascertain the true intent and the effect of divorce in the
Philippines.
2. To elaborate the natural and logical consequences of divorce to Filipino family and how
1
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. The legal process of divorce may also involve issues of alimony (spousal
support), child custody, child support, distribution of property, and division of debt. In most
countries monogamy is required by law, so divorce allows each former partner to marry another;
where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.
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
1
http://en.wikipedia.org/wiki/Divorce
2
House Bill no. 6993
2
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 Literature
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 includes 4:
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
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
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned;
3
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
4
Title II: Family Code of the Philippines
3
5. Drug addiction or habitual alcoholism of the respondent;
abroad;
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 following 5:
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
5. Where there is collusion between the parties to obtain the decree of legal separation; or
On the other hand, a petition for legal separation which is granted by the courts shall have the following
effects6:
5
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
6
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
4
1. The spouses shall be entitled to live separately from each other even if the marriage bond is not
severed;
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
5. The offending spouse shall have no right to any share in the net profits of the absolute community
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 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.
7
http://en.wikipedia.org/wiki/Annulment
5
There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or
over but below twenty-one, and the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both lived together as husband and
wife.
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the
same having disappeared or ceased, such party thereafter freely cohabited with the other as husband
and wife.
(5) That either party was physically incapable of consummating the marriage with the other, and such
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears
to be incurable.
With regard to Item 3 above, any of the following circumstances shall constitute fraud:
a. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral
turpitude.
b. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other
c. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the
marriage.
8
http://ndvlaw.com/annulment-of-marriage-in-the-philippines/
6
d. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time
of the marriage.
The annulment of marriage in the Philippine shall produce the following effects:
1. The children conceived or born before the annulment decree shall be considered legitimate;
2. The absolute community of property or the conjugal partnership, as the case may be, shall be
dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her
share of the net profits of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the children of the guilty spouse by
3. Donations by reason of marriage shall remain valid, except that if the donee contracted the
marriage in bad faith, such donations made to said donee are revoked by operation of law;
4. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit
6. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab
initio and all donations by reason of marriage and testamentary dispositions made by one in favor
7. The final judgment in such cases shall provide for the liquidation, partition and distribution of the
properties of the spouses, the custody and support of the common children, and the delivery of
third presumptive legitimes, unless such matters had been adjudicated in previous judicial
proceedings.
8. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall
9. In the partition, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the
spouse with whom the majority of the common children choose to remain.
9
Title II: Family Code of the Philippines
7
10. In said partition, the value of the presumptive legitimes of all common children, computed as of
the date of the final judgment of the trial court, shall be delivered in cash, property or sound
securities, unless the parties, by mutual agreement judicially approved, had already provided for
such matters.
11. The children or their guardian or the trustee of their property may ask for the enforcement of the
judgment.
12. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon the death of either of both of the parents; but
the value of the properties already received under the decree of annulment or absolute nullity
It must be emphasized that the judgment of annulment of the marriage, the partition and distribution of the
properties of the spouses and the delivery of the childrens presumptive legitimes shall be recorded in the
appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
Divorce
The researcher used the pending bill HP 6993 which states as follows:
AN ACT
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:
10
House Bill no. 6993
8
All legal separation words will be replaced by divorce words by means of phrases ology, to avoid
ambiguity.
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
"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
GROUNDS WHICH DESTROY THE LEGITIMATE ENDS OF THE MARRIAGE RELATIONSHIP AND
"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:
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
11
House Bill no. 6993, Title II: Family Code of the Philippines
9
"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
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
PETITIONS FOR LEGAL SEPARATION FILED BEFORE THE EFFECTIVITY OF THIS ACT MAY
BE AMENDED TO ACTIONS FOR DIVORCE: PROVIDED THAT SAID AMENDMENTS ARE MADE
"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, 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
(3) The custody of the minor children shall be awarded to the innocent spouse, OR, IN THE CASE OF
12
House Bill no. 6993, Title II: Family Code of the Philippines
10
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 mad in the will of the innocent spouse shall be revoked by operation of law[.];
RESPECTIVE LEGITIME ONE YEAR AFTER THE DECREE OF DIVORCE BECOMES FINAL,
OTHERWISE, THE DECREE SHALL NOT HAVE ANY LEGAL EFFECT WITH RESPECT TO THE
SUCCESSION WITH RESPECT TO THEIR PARENTS BUT SHALL BRING TO COLLATION THE
"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
13
House Bill no. 6993, Title II: Family Code of the Philippines
11
The action to revoke the donation under this Article must be brought within five years from the
Chapter II
Methodology
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
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 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
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
12
Chapter IV
This chapter describes the effect of Divorce in the Philippines and permits the reader to
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 avenue 14. 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 marriages 15.
Divorce is a court order saying that a man and woman is 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
14
http://deborjalaw.com/
15
By Christian Filipina
13
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. Nevertheless,
people might overlook the consequences of divorce, see the following below 16.
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
Divorce law 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 Taking divorce is not the
16
http://deborjalaw.com/
14
While there are procedures to dissolve a marriage, it is culturally expected that the husband and
wife should exhaust all other efforts and alternatives before resorting to divorce or annulment. Among the
alternatives are: counseling, mediation, communication, both in a church or civil setting. 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.
My goodness is there any solid advantages of divorce bill than being self-centered and selfish
reasons??? What about your family??? What about your children??? Thats what family is for Divorce
is not only anti-Filipino, but is anti-Family and anti-marriages. It simply opens a wide range of
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.
Divorce is a court order saying that a man and woman is 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). Example grounds for annulment: absence of parental consent, mental illness,
fraud, lack of consent, and certain diseases.
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
15
http://history101.multiply.com/journal/item/214
http://deborjalaw.com/2009/04/11/philippine-annulment-top-ten-10-questions/
wever, while the Philippine laws do not allow divorce, the Family Code of the Philippines allows
Wives, submit to your own husbands, as to the Lord Husbands, love your wives, just as
Christ also loved the church and gave Himself for her A man shall leave his father and
mother and be joined to his wife, and the two shall become one flesh. Ephesians 5
Like most Filipino culture, the institution of marriage in the Philippines was reformed hundreds
of years ago to the then-modern standards of Spanish Catholic Law. Indeed, in Mark 10:9
Jesus states, Therefore what God has joined together, let not man separate. As a result,
premarital chastity and lifelong-marriage took on increased importance in Filipino culture, and
while in much of the world society has retreated from these values, the Filipino
17.
17
House Bill No. 6993
16
17
18
Significance of the Study
The most interesting point from this study gives valuable teaching to learn about marriage failure or to
know what kinds of things constitute to divorce. So, all of you must know divorce factors
The researcher expects the study will be useful to many people into improve the knowledge about
understanding divorce factor may lead to marriage failure. By reading all study here, the readers get
many important things, and get some inputs concerning the causes of the failure in a family as well as the
legal implications. Then, they are able to prevent themselves from having such a terrible ending.
(divorce)
Discussing marriage failure the writer also hopes that the readers will understand the importance how to
maintain a marriage by knowing divorce factors that supported by conflicts and psychology related
theories.
. second chance
. second chance
. second chance
19
to be happy
to be happy
to be happy.
My goodness is there any solid advantages of divorce bill than being self-centered and selfish
reasons??? What about your family??? What about your children??? Thats what family is for Divorce
is not only anti-Filipino, but is anti-Family and anti-marriages. It simply opens a wide range of
But heres the list of what they are not talking about:
2. In 1991, only 50.8% of American children were living with a mother and a father. The numbers have
4. The vast majority of children who are raised in a two-parent home will never be poor during childhood.
By contrast, the vast majority of children who spend time in a single-parent home will experience poverty.
5. Children from female-headed homes are five times as likely to be poor as children in two-parent
families.
6. Four times as many divorced women with children fell under the poverty line than married women with
children.
7. Children from disrupted marriages experience greater risk of injury, asthma, headaches, and speech
8. Suicide rates for children of divorce are measurably higher than for children from intact families.
Read more about the Side Effects of Divorce and see that there are more side effects than that of a
solution.
Some of the effects associated with divorce include academic, behavioral, and psychological problems.
Although this may not always be true, studies suggest that children from divorced families are more likely
20
to exhibit such behavioral issues than those from non-divorced
more aware of what their clients may be facing when the divorce
is over.
study.
their father.
4. The vast majority of children who are raised in a two-parent home will never be poor during
childhood. By contrast, the vast majority of children who spend time in a single-parent home will
experience poverty.
5. Children from female-headed homes are five times as likely to be poor as children in two-parent
families.
6. Four times as many divorced women with children fell under the poverty line than married women with
children.
7. Children from disrupted marriages experience greater risk of injury, asthma, headaches, and speech
8. Suicide rates for children of divorce are measurably higher than for children from intact families.
9. Children of divorce were found to be twice as likely as chidren from intact families to drop out of school.
10. Young adults ages 18-22 from disrupted families were found to be twice as likely to have poor
relationships with their mothers and/or fathers, and that the effects were still evident 12-22 years after the
breakup.
21
11. Divorced adults, particularly divorced men, experience early health problems to a measurably greater
extent than married individuals. Premature death rates for divorced men double that of marriend men
12. The suicide rate for divorced white men was four times higher than for their married counterparts.
13. Divorced or separated men undergo inpatient or outpatient psychiatric care at a rate of 10 times more
than married men. Divorced or separated womens usage of such care increased fivefold.
The conclusion of the article was that divorce adversely affects children, women, men, and society as a
whole.
Introduction
Divorce can be a stressful experience affecting finances, living arrangements, household jobs, schedules
and more. If the family includes children, they may be deeply affected.
The only countries which do not allow divorces are the Philippines (though Muslims have the right to
divorce) and the Vatican City, an ecclesiastical state, which has no procedure for divorce. Countries that
22
have relatively recently allowed divorce are Italy (1970), Portugal (1975), Spain (1981), Ireland(1996)
http://en.wikipedia.org/wiki/Divorce, http://domingo-law.com/legal-separation-in-the-philippines/
http://en.wikipedia.org/wiki/Annulment
http://deborjalaw.com/2009/04/11/philippine-annulment-top-ten-10-questions/
http://ndvlaw.com/annulment-of-marriage-in-the-philippines/
23