HOUSE OF REPRESENTATIVES
Quezon CityELEVENTH CONGRESSFirst Regular Session
HOUSE BILL NO. 6993By Representative Manuel C. Ortega AN ACT LEGALIZING DIVORCE, AMENDING FOR THE PURPOSE TITLE II AND
ARTICLES 55 TO 67 THEREUNDER OF EXECUTIVE ORDER NO. 209,
AS AMENDED BY EXECUTIVE ORDER NO. 227, OTHERWISE KNOWN
AS THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION. 1. 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: "TITLE II [LEGAL SEPARATION] DIVORCE." SEC. 2. Articles 55 to 67 of the same Code are hereby amended to read as follows: "Art. 55. A petition for [legal separation] DIVORCE may be filed on any of the following grounds: | (1)| Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;| | (2)| Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;| | (3)| Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;| | (4)| Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;| | (5)| Drug addiction or habitual alcoholism of the respondent;| | (6)| Lesbianism or homosexuality of the respondent;| | (7)| Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;| | (8)| Sexual infidelity or perversion;|
| (9)| Attempt by the respondent against the life of the petitioner; or| | (10)| Abandonment of petitioner by respondent without justifiable cause for more than one year.| For purposes of this Article, the term "child" shall include a child by nature or adoption. IN ADDITION, A PETITION FOR DIVORCE MAY BE FILED UPON A SHOWING THAT THERE IS AN IRREMEDIABLE BREAKDOWN OF THE MARRIAGE RELATIONSHIP DUE TO IRRECONCILABLE MARITAL DIFFERENCES. SAID PETITION MUST SPECIFICALLY ALLEGE THE GROUNDS WHICH DESTROY THE LEGITIMATE ENDS OF THE MARRIAGE RELATIONSHIP AND PREVENT ANY REASONABLE EXPECTATIONS OF RECONCILIATION." "Art. 56. The petition for [legal separation] DIVORCE shall be denied on any of the following grounds: | (1)| Where the [aggrieved party] PETITIONER has condoned the offense or act complained of;| | (2)| Where the [aggrieved party] PETITIONER has consented to the commission of the offense or act complained of;| | (3)| Where there is connivance between the parties in the commission of the offense or act constituting the ground for [legal separation] DIVORCE;| | (4)| Where both parties have given ground for [legal separation] DIVORCE;| | (5)| Where there is collusion between the parties to obtain the decree of [legal separation] DIVORCE; [or]| | (6)| Where the action is barred by prescription[.];| | (7)| WHERE THE IRRECONCILABLE MARITAL DIFFERENCES ARE NOT SUFFICIENT TO JUSTIFY DIVORCE; OR| | (8)| WHERE THE PETITIONER HAS NOT RESIDED WITHIN THE PHILIPPINES FOR AT LEAST ONE YEAR PRIOR TO THE FILING OF THE PETITION, UNLESS THE CAUSE UPON WHICH THE PETITION IS BASED OCCURRED WITHIN THE TERRITORY OF THE PHILIPPINES."| "Art. 57. An action for [legal separation] DIVORCE shall be filed within ONE YEAR FROM THE TIME THE PETITIONER BECOMES COGNIZANT OF THE CAUSE AND WITHIN five years from the time of the occurrence of the cause. IN THE CASE OF GROUNDS OR CAUSES FOR DIVORCE WHICH OCCURRED PRIOR TO THE EFFECTIVITY OF THIS ACT, THE ACTION MAY BE FILED WITHIN ONE YEAR FROM THE DATE OF ITS EFFECTIVITY: PROVIDED THAT SAID GROUNDS OR CAUSES OCCURRED...