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The deletion of the provisions on ab solute Section 2. Declaration of Policy. – “it shall also It covers grounds which occurred during the
divorce merely reflects the trend which Filipino give the opportunity to spouses in irremediably marriage.
Family Law has taken during the past two failed marriages to secure an absolute divorce
decades (Juco, 1966). However, the Old Civil decree under limited grounds and well-defined [ANNULMENT V. DIVORCE]
Code in 1950 and the Family Code drafted in judicial procedures to terminate a continuing About 95% of Filipinos need to file a nullity of
1988 reflects a different situation in the dysfunction of a long broken marriage; save the marriage or an annulment to legally terminate
Philippines. Three decades after the drafting of children from the pain, stress, and agony their marriage. However, only a small fraction
the New Civil Code, Philippine society and consequent to their parents’ constant marital resort to these remedies because, while the
marital relations have evolved; thus, there is a clashes; and grant the divorce spouses the outcome is uncertain, costs are high (usually
need to revisit the necessity of divorce in the right to marry again for another chance to not less than three months of average labour
country. achieve marital bliss.” earnings, and sometimes much more) and the
legal procedures are long and complex.
It becomes relevant to assess periodically the [REBUTTAL TO EFFECT TO CHILDREN] Completing a matrimonial dissolution case
state of Filipino marriage in order to ascertain typically takes between six and eighteen
how well ( or badly) it is faring in times of stress Section 3(6). – A divorce decree shall include months but the procedure can also extend over
and change. (Vancio, 1980) provisions for the care and custody of children, several years (Lopez, 2006).
protection of their legitimate, termination and
[PROVIDE STATISTICAL DATA TO SUPPORT liquidation of the conjugal partnership of gains [AS TO EXPENSIVE FEE]
THE NEED FOR DIVORCE] or the absolute community, and alimony for the
petitioner. Section 3 (2). – The State shall assure that the
[PROVIDE DATA BEFORE 1988 AND AFTER court proceedings for the grant of absolute
1988 TO SUPPORT CLAIM THAT THERE IS AN Section 3(7) – Even as absolute divorce is divorce shall be affordable and inexpensive,
INCREASE NEED FOR DIVORCE] instituted, the State has the role of particularly for court assisted litigants or
strengthening marriage and family life by petitioners.
[REMEMER PHILIPPINES SET UP] undertaking relevant pre-nuptial and post-
matrimonial programs and activities. [AS TO ABUSE OF DIVORCE]
[REBUTTAL TO EXISTING LAWS PUNISHING To secure that divorce will not be abused, Sec.
CONCUBINAGE, LEGAL SEPARATION, ETC.] Section 10(h) – The legitimate and adopted 3(5) and Section 9 provides a six-month
children of divorced parents shall retain their cooling-off period after the filing of a petition for
The law, in the case of the husband, is far from legal status and legitimacy; a child conceived or absolute divorce as a final attempt for
fool-proof. Legally, the keeping of a querida born within 300 days after the filing of a reconciliation. Likewise Sec. 3(1) provides that
does not even give rise to a ground for legal petition for absolute divorce shall be considered it shall only be judicially decreed after the fact
separation until it amounts to concubinage. legitimate, unless the ground for divorce is the of an irremediably broken marital union or a
Thus, if he should see his mistress from time to marital infidelity of the wife. marriage that is defective from the start.
time without cohabiting with her openly, or if
he should have sexual intercourse with her
under circumstances which are less than
scandalous, or if he should not maintain his
mistress in the same dwelling as his legitimate
wife, the latter cannot even bring an action for
legal separation against him in court. His
conduct does not amount to concubinage as
defined by the Revised Penal Code (Juco, 1966).
Thus, the provisions in the RPC and that of the
New Civil Code are strict and limited. A remedy
has to be provided for such situation, thus, the
necessity for divorce arises.
Abalos, J.B. (2017). Divorce and separation in the Philippines: Trends and correlates. Demographic Research 36 (50): 1515-1548. doi:
10.4054/DemRes.2017.36.50.
Juco, J. M. (1966). Fault, Consent and Breakdown—The Sociology of Divorce Legislation in the Philippines. Philippine Sociological Review, 14(2),
67-76. doi:128.111.121.42
Lopez, J. (2006). The law of annulment of marriage rules of disengagement: How to regain your freedom to remarry in the Philippines. Pasig City:
Anvil Publishing.
Vancio, J. A. (1980). The Realities of Marriage of Urban Filipino Women. Philippine Studies, 28(1), 5-20. doi:141.209.100.60