Republic

HOUSE

of the Philippines Quezon City
CONGRESS

OF REPfiESENTATIVE

FIFTEENTH

First Regular H 0 use Bill ~ 0'

Session -~--

1 7 D9
Party A. DE JESUS

Introduced Representatives

by GABRIELA

Women's

LUZVIIVIINDA

C. ILAGAN and EMERENCIANA

EXPLANATORY Underpinning strengthen human equality marriage person, before this proposal family full is a commitment as basic social for respect and men. is regarded of love, break-ups

NOTE to the policy institutions, rights, of the State to protect to value the dignity and

and the

of every

to guarantee

human

and to ensure

the fundamental

the law of women culture,

ln the Filipino on marriage frowns preserve together rl1el1 differ' 1(:]111IIV

marriage marital Cultural

as a sacred

union, cultural

and the farnilv sccietv many

rounded gcner allv
IO

is considered relations.

as a fount

protection and

and care. Philippine religious norms

upon and discourages marital despite

and so provides But the cultural

and legal safeguards keep for women

prescriptions regarded

couples and

the breakdown to sacrifice fidelrtv

of the marriage. evervthing the marriage

prescriptions

Women

are tr aditionallv

as prirnarilv to preserve of wives,

responsible the marriage

for making the nl(1ITiagL' and the solidarity sexual for its failure classes. ofthe license to have

work .ind Me expected While absolute marriage. affairs outside

is demanded

men are granted

Yet when

fails, the woman unhappy sectors,

is blamed

Re alitv tells us that there
1VI,H1V couples especially from without sirnplv end up separating that have been filed couples

are manv failed, the marginalized the benefit known

marriages who have

across all Filipino

no access to the cour-ts, of petitions under Article

of legal processes. of the nullity shows

The sheer number of the marriage that there

since 1988 for the declaration

36 of the Farnilv Code (cornrnonlv who are desperate Even when realities the take their life. married couples

as "annulment")

are just too rJ1ClI1Y

to get out of faile d marriages. start out well in their marriage, the political, economic and social ot a in marriage

toll on their For a large

relationship number relations
In

Some are not prepared of women, facilitate forms inequalities

to handle

the intricacies

and violence of violence and abuse

11egJte Its ideals as the embodiment marriage violence committed NJtional recorded were women is founded evervday. in 2009, Police marital (PNP) reports of the The marital Official wife figures battery Among the their oppression.

of love, care and safety 2009 showed different ranked highest of Social among three that

and erode women

the bases UpOl1 whirh and perpetuate of marital women against were victims

the commission nineteen of violence

at 6,783 Welfare

or 72% according and Development of violence

to the Philippine (DSWD) likewise against women at against women against

The Department as highest of the PNP about victims. Husbands

violence

different for

forms

1,933. Previous
husbands crimes.

of ten perpetrators

of violence

accounted

28 per cent

of the violence

Given these realitie;, couples must have the option to avail of remedies that will pave til,' way for the attainment of their full human development and self-fulfillment and the protection of their human rights. Existing laws are not enough to guarantee and protect these riE\hts. To quote the Women's Legal Bureau, Inc., a legal resource NGO for women:

''The present laws relating to separation of couples and terrnination of marriage are inadequate to respond to the myriad causes of failed marriages. Particularly, the remedies of declaration of nullity and annulment do not cover the problems that occur during the existence of marriage. Legal separation, on the other hand, while covering problems during marriage, does not put an end to
marriaqe. "

"Though both divorce and a dec/oration of nullity of a marriage allow the spouses to remarry, the two remedies differ in concept and basis. A declaration of nullity presupposes that the marriage is void from the beginning and the court declares its non-existence... Beyond [the) grounds specified [in the law}; declaration of nullity is not possible." "In annulment, the marriage of the parties is declared defective from the beginning, albeit it is considered valid until annulled. The defect con be used to nullify the marriage within a specified period but the same may be ignored and the marriage becomes perfectly valid after the lapse of that period, or the defect may be cured through some act. The defect relates to the time of the celebration of the marriage and has nothing to do with circumstances occurring after the marriage is celebrated. In annulment, the marriage is legally cancelled, and the man and woman are restored to their single status."

"Since August 3, 1988, couples have been given a way out of foiled marriages through Article 36 of the Family Code.. The remedy provided under Article 36 is declaration of nullity of the marriage. The article voids a marriage where one party is "psychologically incapacitated" to comply with the essentials of marital obligations. Consistent with the concept of void marriages (where the remedy is dec/oration of nullity), the law requires that the incapacity must have existed at the time of the celebration of the marriage ... In practice, Article 36 has become a form of divorce, as valid marriages are declared void every day in the guise of "psychological incapacity." The innumerable Article 36 cases brought to trio! courts is an indication of the elasticity of Article 36 to occommodate the needs of many couples desiring to terminate their marriaqes. It is proof thor divorce is needed in the Philippines. Article 36 provides a remedy only for spouses who can prove "psychological incapacity" The concept certainly cannot accommodate all cases where divorce would be necessary. What we need is Q divorce law that defines clearly and unequivocally the grounds and terms for terminating a marriage. That law will put an end to the creative efforts played daily in courtrooms across the country to accommodate a wide range of cases in order to prove "psychological incapacity." (Women's Legal Bureau, Inc, The
Relevance Thus, this of Divorce in the Philippines, 1998) as another option for couples in failed and

bill seeks to introduce

divorce

ir re para b Ie m a rri ages.

This bill was crafted in consultation with women IlljJutS of various women's groups and the experiences Its various chapters nationwide.

lawyers and inspired of spouses gathered

by the studies an d by GABRIELA from

The bill seeks to introduce divorce in Philippine law with a strong sense of conflde nce will be used responsibly by Filipino couples. This confidence sterns from the exp ertence s or lilipiuo families that show that separation is usuallv the last resort of many Filipino couples
t li.it It

whose marriage has failed. Cases of battered women also support this. Battered wo me n IflV,lIidblV seek separation only after m anv ve ar s of trying to make the marriage work; "e'pillatlon only becomes imperative for them when they realize that it is necessary for- their ,md their children's survival. Divorce could actually provide protection to battered women and their children till' unfoundec. Catholic divorce. mfluence
I't"

fr orn further the fear The experience which registers religious

violence that practice

and abuse will

With erode

the predominance personal is located, this. Those values

of the Catholic on marriage

faith in appe ar.

Philippines, countries Italy of

divor-ce divorce, culture

of Italy, where

the Vatican supports Spain

and Spain, two predorninantlv countries to have a low rate of reflect the strong marital terminate

a 7% r at e while beliefs and

registers

15%. Thef-igures in deciding

On individuals

I .it I0 I)';. Historicallv. divorce the such islands. had been colonial Tagbanwas part rule, of of our legal system. divorce the In the was of beginning Nueva period, of the 16 vizcava. starring the
III

ccnturv. ancestral

before tribes

Spanish as the Divorce 2710

absolute Palawan,

widely

practiced

among the frorn 30, law the the

Gadangs

Sdgadzifls and Igorots dna Mindanao 1917 occupation (LInder Act 'No (under

of the Cordilleras, enacted Order

and the Manobos, during Philippine that divorce

B'laans

and Moslems and during under

of the Visayas Japanese

was also available by the effect,

the American until 1950.

Legislature),

Executive

No. 141) and after, The same

It was only on August Philippine although

1950, when the New Civil Coele took Only legal separation which replaced void of the history Fdi11ily Code introduced marnage was available. the concept the provisions

was disallowed by the

rule was adopted incapacity"

Fan-lily Code of 1988,

of the New Civil Code on marriage of "psychological

and the family,

as a basis for declaring

In recognition Philippine Constitution lhis demand
arid

of divorce

in the

Philippines, to the

the

framers

of the

1987

Constitution

left the

wisdom

of legalizing

divorce

Congress.

Thus, the 1987

does not prohibit bill is respectful the plurality remedies

the legalization of and sensitive of religious for failed

of divorce. to differing arid should remedy. beliefs, measure relrgious cultural beliefs in the Philippines in the Philippines It

recogniz es that the bill retains annulment state. remedies emotional divorce
In

beliefs marriages

sensibilities

that different

be made available. of nullity Couples cultural severs
fu

For this reason, of the marriage frorn needs these arid
to by

the existing and only
Oil

remedies adds divorce their not

of legal separation, as one more religious proposeel purpose this

declaration

may choose sensibilities, the it may bonds

depending While as a rernedy

situation, under be for the

divorce need

of marrlage.

of re-marriage;

be resorted beliefs

d i VI d u al s to achi eve pea ce of rn in dan d fa c iii t at e the ir pur su it of Philippine Decree faith which law consistent Philippine No. 1083 [1977]) recognizes to termination of marriage. law through divorce. with their

II h LIman de vel 0 Pm e il t religious with Laws have Personal should

This bill also seeks to make respect of the Philippines in deference the same option (Presidential under

in the way it treats allows divorce religious

the Code of Muslim among beliefs. Non-Muslim Filipinos

Filipino

lVIuslims,

to the Islamic

Philippine

law, in accordance

The bill proposes five grounds for divorce. All the five grounds are premised on the iflepclrClblt: breakdown of the marriage and the total non-performance of marital obligations. rhus, tile bill provides that a petition for' divorce may be filed when the petitioner has been :-;L'P;ll'~lted de facto (in fact) from his or her spouse for at least five years at the time of the filing ,)1 tile petition and reconciliation is highly improbable, or when the petitioner has been legally ',\c'pcHated from his or her spouse for at least two years at the time of the filing of the petition ,.II,d reconciliation is highly improbable. Not clil circumstances and situations that cause the total breakdown of a marriage could lw Liefilll:>d in this proposed measure. Thus. the bill also provides that divorce may be granted when the spouses suffer from irreconcilable differences that have caused the irreparable bll-'JkdoWII cilfferences of the marriage adjudged Spouses living in a state their of irreparable contrarieties rnarital conflict or discord ~hould be given the opportunity as constituting for divorce to present marital ground in the Code. belief bill in court and have those

a substantial included with in the

to put an end to the marriage. is when marital the one or both spouses are

Another psychologically Will consequently incap acitv"
t erminarion

ground repeal

incapacitated Article grounds

to comply for divorce

the essential that

obligations.

This provision "psychological with the

36 of the Familv

The bill seeks to include concept

in the

is consistent

of marital

ties rather

than with a void marriage. "condonation separation the offense marginalized on their are perceived of the act" and "consent and, by extension, sectors to tend a petition to condone the because of the social to the act" as grounds for the divorce. offense attached Many because to failed husbands conditions

The bill seeks to eliminate for denyillg spouses Liley are In. marriages ar tuallv a petition Many Some suffer from for legal ignore in the who especially women women women

and economic

they dre economically

dependent

spouses

or because they

of the stigma have become

be condoning

acts of their

the cycle of spousal

abuse such that

so disempowered

Lo address their

situation. measure, The that a decree assets in addition of divorce dissolves the absolute between share community the or

Under this proposed conjugal However, ernplovruent of a marital partnership of

gains.

shull

be equally to support

divided

spouses

this bill also proposes but the right break-up. that

to his or her equal for not more than

in the assets, the IS

spouse who is not gainfully

employed

shall be entitled or poverty

until he or she finds adequate one year. This provision experience as

shall only be effective deprivation

me ant to address the economic

that many women

a result

The bill also proposes
111

the custody Actual,

of any minor moral that

child shall be decided support the provided damages

by the court with
01'

.iccor dance with the best interests
on support. when measure proper spouse

of the child and their in accordance Moreover, with parties

In accordance

the Family Court provisions to the aggrieved frorn each other daJllages. The proposed the will of the other

and exemplary

shall be awarded from inheriting made in

provisions in favor

of the Civil Code of one spouse

also provides

shall be disqualified of law. countries

by intestate

succession.

provisions

spouse shall be revoked and Malta

by operation

The Philippines divorce the legalization

are the only two

remaining

in the world society

without

a

law. This bill is being introduced of divorce. of marriage relationships.

based on indications

that Philippine

is ready for

The sanctity qualirv option of marital

is not based When

on the number

of marriages viable,

existing

but on the be an

a marriage

is no longer

divorce

should

Thus, the approval of this bill is urgently

requested.

c~c.
LViv{IVlINDA

C. ILAG~

lJ.lLHlel'l Women's

p~~N

EMERENCIANA

A. DE JESUS

List

Gabriela Women's Party ust

Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City FIFTEENTH CONGRESS First Regular Session House Bill'No. ----

1799
Party A, DE JESUS

Introduced Representatives lUZVIMINDA

by GABRIELA Women's

C. ILAGAN and EMERENCIANA

AN ACT INTRODUCING DIVORCE IN THE PHILIPPINES, AMENDING FOR THE PURPOSE TITLE II, ARTICLES 55 TO 66 INCLUSIVE AND ARTICLE 26 OF EXECUTIVE ORDER NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, AND REPEALING ARTICLE 36 OF THE SAME CODE, AND FOR OTHER PURPOSES

OC: If enacted assembled.

by

the Senate

and House

of Representatives

of the Philippines

in

Concress

SECTION 1. Title

II of Executive is hereby

Order amended

No.

209,

amended,

otherwise

known

as The

Fc1l1lily Code of the Philippines,

to read as follows:

"TITLE II LEGAL SEPARATION AND DIVORCE" SECTION 2, Articles No. 209, as amended, amended to read as follows: "Art. following (1) 55 (A). A petition for legal separation may be filed on any of the 55, 56, 57, 58, 59, 60, 61, 62) 63, 64, 65 and 66 of Executive known as The Family Code of the Philippines, Order

otherwise

are also hereby

grounds: Repeated petitioner, physical a common violence violence or grossly abusive conduct directed against the

child, or a child of the petitioner; pressure to compel or induce in the petitioner to change a common connivance religious child, or a in such

(2) (3)

Physical Attempt child of corruption

or moral

or political

affi liation; of respondent the petitioner, or inducement; sentencing the respondent to Imprisonment of more than six to corrupt to the petitioner, or engage prostitution,

(4)

Final Judgment

years, even if pardoned;

(5)

(ti)
(7)

Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality-of the respondent; Contracting by the respondent of a subsequent bigamous marriage, the Philippines or abroad;, Sexual infidelity or perversion; Attempt by the respondent against life of the petitioner; or Abandonment than one year. For purposes by adoption of petitioner by respondent without justifiable whether in

(8)
(9)

(10)

cause tor rnor e

of this

Article,

the

term

"child"

shall

include

a child

by

nature

01'

(8) A PETITION GROUNDS:

FOR DIVORCE

MAY

BE FILED ON ANY OF THE FOLLOWING

(1) THE PETITIONER HIGHLY IMPROBABLE; (2) THE PETITIONER HIGHLY IMPROBABLE;

HAS BEEN SEPARATED DE FACTO FROM HIS OR HER SPOUSE FOR AND RECONCILIATION IS

AT LEAST FIVE YEARS AT THE TIME OF THE FILING OF THE PETITION

HAS BEEN LEGALLY SEPARATED FROM HIS OR HER SPOUSE FOR AT OF THE FILING OF THE PETITION AND RECONCILIATION IS

LEAST TWO YEARS AT THE TIME

(3) WHEN ANY OF THE GROUNDS

FOR LEGAL SEPARATION

UNDER PARAGRAPH (A) OF

THIS ARTICLE HAS CAUSED THE IRREPARABLE BREAKDOWN

OF THE MARRIAGE;

(4)

WHEN

ONE

OR

BOTH

SPOUSES

ARE

PSYCHOLOGICALLY

INCAPACITATED

TO

COMPLY WITH THE ESSENTIAL MARITAL (5) WHEN

OBLIGATIONS; IRRECONCILABLE DIFFERENCES THAT HAVE

THE SPOUSES SUFFER FROM

CAUSED THE IRREPARABLE BREAKDOWN

OF THE MARRIAGE."

"Art. 56 The petition the following grounds:

for legal separation

OR DIVORCE shall be denied

on any of

[(1) When the aggrieved (2)Where complained [(3)] of;] the aggrieved

party party

has condoned has consented

the offense

or act complained

of;
01

to the commission

of the offense

act

[1] Where

there

is connivance

between

the

parties

in the

commission

of the

of tense or act constituting [(4) Where

the ground

for legal separation

OR DIVORCE;

both parties

have given ground

for legal separation;]

[(5)] (2) Where there ~t"fJ·II"tlon OR DIVORCE; [or (6) Where the action

is collusion

between

the

parties

to obtain

the

decree

of legal

is barred

by prescription.]"

till'

L)lClIl

"/\It. 57 IAn action for legal separation shall be filed within five years from the tu ne of renee of the cause.] AN ACTION FOR LEGAL SEPARATION OR DIVORCE MAY BE FILED

AT ).\NY TIME."

"Art. 58. An action for legal separation shall in no case be tried before six months shall l i.ivr: elajJ,:>ed since the filing of the petition THE SAME RULE SHALL APPLY TO AN ACTION FOR DiVORCE BASED ON ARTICLE 55 {B}, NUMBERS
APPLY WHERE THE ACTION

3 AND 5 OF THIS CODE. THIS RULE SHAll OR DIVORCE INVOLVES ACTS OF

NOT

FOR LEGAL SEPARATION

VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN UNDER REPUBLIC ACT NO. 9262. IN A

SUCH CASE, SECTION 19 OF THE REPUBLIC ACT NO. 9262 SHALL APPLY".

"Art 59. No legal separation
"tt'jJs

OR DIVORCE may be decreed and is fully satisfied,

unless the Court has taken despite such efforts, that

towards the reconciliation of the spouses 1,~c()llcilldtlon is highly improbable" "Art. 60. No dl?cree of legal separation a confession of judgment. "Art
')ll'ps
lel

OR DIVORCE shall be based upon a stipulation

of

!.il.:h

UI

59. No legal separation

OR DIVORCE may be decreed and is fully satisfied,

unless the Court despite

has taken that

towards the reconciliation of the spouses ouciliation is highly improbable." "Art. 60. No decree of legal separation conte ssion of Judgment, case, the Court shall order between the

such efforts,

OR DIVORCE shall be based upon a stipulation

of

[,lLb

or

d

III

(lilY

the prosecuting parties

attorney

or fiscal assigned care that the

to it to take is 110t

stl'P:;

to prevent collusion I;lbricated or suppressed."

and to take

evidence

"Art. 61. !\fter the filing of the petition for legal separation ~IlJII be entitled to live separately frorn each other. In any case, the COLIrt shall order
')[ejJS to prevent collusion f,lbric.JtE~d or suppressed"

OR DIVORCE,

the spouses

the prosecuting parties

attorney

or fiscal assigned care that the

to it to take is not

between

the

and to take

evidence

"Art. 61. After the filing of the petition for legal separation .\h311 be entitled to live separately from each other. The court, either of them
Of'

OR DIVORCE, the spouses

in the absence a third person ator

of a written to adrninister

agreement the absolute

between

the spouses,
Or

shall designate partnership and duties as

community

conjugal

property.

The administr

appointed

by the court

shall have the same powers

those of a guardian

under the Rules of Court,"

"Art. 62. During the pendency of the action for legal separation OR DIVORCE, the p rovisions of Article 49 shall likewise apply to the support of the spouses and the custody arid support of their common children." "Art. 63 (A). The decree
(1) The spouses shall bonds shall not be severed; (2) The absolute

of legal separation be entitled

shall have the following trorn

effects: but the m ar r iage

to live separately

each other,

illjllicLltL'd c(ll11lllLlllity
JJI ovisions

community or the conjugal partnership shall be dissolved and AND THE ASSETS SHALL BE EQUALLY DIVIDED BETWEEN THE SPOUSES but the earned by the absolute with the or the conjugal of Article 43(2)] IN ACCORDANCE partnership, which shall be forfeited in accordance

'.ltll~IHilf1g spouse shall [have no right to any share of the net profits PAY TO THE INNOCENT WITH THE PROVISIONS
In inor

SPOUSE ACTUAL, MORAL AND EXEMPLARY OF THE CIVIL CODE ON DAMAGES; spouse, sub ject

DAMAGES

(_)) Th e custody to
till'

of th e

child ren shall be award ed to the ill nocent

provisions

of Article

213 of this Code; [and]
SPOUSE AND THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN OF THIS CODE; LEGITIME WHICH SHALL

(4) THE INNOCENT

ACCORDANCE WITH THE PROVISIONS

(5) THE CHILDREN SHALL BE ENTITLED TO THEIR PRESUMPTIVE BE COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT spouse shall be disqualified provisions by operation

OF THE COURT; AND from inheriting from the innocent

[(4)] (6) The offending
-pouse by intestate succession. spouse rile will of the innocent

Moreover,

in favor

of the offending of law. EFFECTS:

spouse made in

shall be revoked

(B) THE DECREE OF DIVORCE SHALL HAVE THE FOLLOWING (1) THE MARRIAGE
(2) THE ABSOLUTE BONDS SHALL BE SEVERED; COMMUNITY OR THE CONJUGAL

PARTNERSHIP

OF GAINS SHALL BE EQUALLY BETWEEN LEGITIME OF THE OF THE OF THE

DISSOLVED AND LIQUIDATED COMMON CHILDREN,

AND THE ASSETS SHALL BE DIVIDED

THE SPOUSES. IN THE PARTITION COMPUTED

OF THE ASSETS, THE PRESUMPTIVE

AS OF THE DA~E OF THE FINAL JUDGMENT AND DISTRIBUTION

COURT, SHALL BE DELIVERED TO THEM. THE PARTITION LEGITIME SHALL BE RECORDED IN THE APPROPRIATE OF PROPERTY, OTHERWISE (3) IN ADDITION COMMUNITY

PROPERTIES OF THE SPOUSES AND THE DELIVERY OF THE CHILDREN'S

PRESUMPTIVE

CIVIL REGISTRY AND REGISTRIES

THE SAME SHALL NOT AFFECT THIRD PERSONS.

TO HIS OR HER EQUAL SHARE IN THE ASSETS OF THE ABSOLUTE PARTNERSHIP, PROVIDED, THE SPOUSE WHO IS NOT GAINFULLY HOWEVER, THAT THE SUPPORT

OR THE CONJUGAL

EMPLOYED SHALL BE ENTITLED TO SUPPORT FROM THE OTHER SPOUSE UNTIL HE OR SHE FINDS ADEQUATE EMPLOYMENT, SHALL ONLY BE FOR ONE YEAR FROM THE FINALITY OF THE DECREE OF DIVORCE, AND PROVIDED FURTHER THAT THE RIGHT TO SUPPORT SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 201 OF THIS CODE.

(4) ACTUAL, MORAL AND EXEMPLARY DAMAGES SHALL BE AWARDED TO THE AGGRIEVED SPOUSE IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE 01\1 DAMAGES;
(5) THE CUSTODY OF ANY MINOR CHILD SHALL BE DECIDED BY THE COURT IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD, SUBJECT TO THE PROVISIONS OF ARTICLE 213 OF THIS CODE;

(6) THE CHILDREN SHALL BE Ei\JTlTLED TO SUPPORT IN ACCORDANCE PROVISIONS OF THIS CODE; (7) CHILDREN CONCEIVED fiNAL

WITH THE

OR BORN BEFORE THE DECREE OF DIVORCE HAS BECOME LEGITIMATE; AND FROM EACH OTHER BY OF LAW.

AND EXECUTORY SHALL BE CONSIDERED

(8) THE PARTIES SHALL BE DISQUALIFIED
INTESTATE SUCCESSION. IN THE WilL "Art. 64. After
'>pOll)l~

FROM INHERITING

MOREOVER,

PROVISIONS

IN FAVOR OF ONE SPOUSE MADE

OF THE OTHER SPOUSE SHALL BE REVOKED BY OPERATION the finality of the decree of legal separation

OR DIVORCE, the Innocent

IN THE CASE OF LEGAL SEPARATION spouse, as well as the designation be stipulated in the registries

OR IN THE CASE OF DIVORCE UNDER ARTICLE 55 made by him or by her in favor of the as a beneficiary The revocation in any insurance of the donations are located. of the of or of the latter as Irrevocable
III

(8) NUMBERS 3 AND 5 may revoke offending policy, even if such designation shall be recorded Alienations. complaint chemge notification

the donations

of

property registered

the places where

the properties the recording

liens and encumbrance; for revocation thereof

In good faith before

in the registries of the insurance

or property beneficiary

shall be respected. shall take effect

The revocation upon written

in the designation

to the [insured] to revoke

INSURER. the donation under this Article must be brought OR DIVORCE

The action within has become

five (5) years from

the time

the decree

of legal separation

final."
WHO HAVE BEEN LEGALLY SEPARATED should under oath duly signed by them reconcile,

"Art. 65. If the spouses
d

corresponding

joint

manifestation

shall be filed With

the court in the same proceeding "Art. following 66. The reconciliation

for legal separation." referred to in the preceding Article shall have the

consequences:

(1) The legal separation stClge; and

proceedings.Jt

still pending, shall thereby

be terminated

at whatever

(2) The fillal decree of legal separation
anv forfeiture of the share of the guilty former spouses Clgree to revive their The court's Civil registries"

shall be set aside, but the separation spouse already regime. shall be recorded effected] shall subsist, property

of property unless the

land

order

containing

the foregoing

in the proper

SEC. 3. Article

26 of the Family Code is hereby

amended

to read as follows:

"Art. 26. All marriages solemnized outside the Philippines, in accordance with tilL' IdwS In force in the country where they were solemnized, and valid there as such, 0;11,111 also b e valid in this country, except those prohibited under Articles 35 (1), (4L (5) .u id (G), [361, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a IS thereafter validly obtained abroad by the alien spouse capacitating him or her to rem arrv thl'> Filipino spouse shall likewise have capacity to remarry under Philippine law. A DECREE OF DIVORCE VALIDLY OBTAINED BY A FILIPINO CITIZEN ABROAD SHAll BE VAllO IN BY A PHILIPPINE COURT THAT THE SAIVIE IS BASED ON A GROUND SEC. 4. Article FALLING UNDER ARTICLE 55 18) OF THIS CODE." 36 of the Family Code is hereby repealed.

divorce

THIS COUNTRY ONLY AFTER A DETERMINATION

SEC. 5. Repealing dt'(
I ~'e

Clause. - The provisions
inconsistent with

of any law, executive this Act are hereby

order,

presidential or modified

or any other

issuance

repealed

dlLOldingly.

SEC. 6. Separability
other provisions not affected

C/ause.-If any part or provision
thereby shall remain valid. fifteen

of this Act is declared

invalid,

all

SEC. 7. Effectivity. led)[
tWLJ

-This Act shall take effect of general circulation.

(15)

days after

its publication

in at

(2) newspapers

Approved,

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