Republic of the Philippines

Region IV-A CALABARZON

Laguna State Polytechnic University
San Pablo City Campus
Del Remedio, San Pablo City
GRADUATE STUDIES AND APPLIED RESEARCH
A.Y. 2ND Semester Second Shift 2018-2019

COURSE CODE: COGNATE 208

COURSE TITLE: HUMAN BEHAVIOR IN ORGANIZATION
PROFESSOR: MARIO O. BRIONES, Ed.D.
FACILITATOR: HAZEL VILLALOBOS GESMUNDO, MAEd, EM
STUDENT NO.: 17-FS-EM-154
EMAIL ADDRESS: hazel.gesmundo@deped.gov.ph
BIRTHDAY: NOVEMBER 12, 1992

TOPIC: Divorce Law

WHAT IS DIVORCE LAW?

Under Senate Bill 2134, filed in December 2018, DIVORCE is defined as

the legal termination of a marriage by a court in a legal proceeding, requiring a

petition or complaint for divorce by one party, which will have the effect of

returning both parties to the status of being single, including the right to

remarry.

On March 19, 2018, the House of Representatives approved on third and

final reading House Bill (HB) No. 7303, which seeks to legalize absolute divorce

in the country, over a decade after it was introduced during the 13th Congress in

2005.

It is perhaps Spain’s legacy to the country that even after the Philippines

was free from their colonization, Filipinos embraced the Catholic faith, which up to

now has a big influence on the country's way of life and government policies.

The Church views marriage as a sacred vow and the Philippine

Constitution uphold it as an institution that should be protected. It firmly stresses

that no man can break what God has unified through the sacrament of marriage.

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 WHAT IS THE PURPOSE BEHIND THE NEW DIVORCE BILL PENDING IN

CONGRESS?

While the states continuous to protect and preserve marriage as a social

institution and as the foundation of the family, it shall also give the opportunity to

spouse in immediately failed marriage to secure an absolute divorce decree under

limited grounds and well-defined judicial procedures to terminate a continuing

dysfunction of a long broken marriage, save the children from the pain stress, and

agony consequent to their parents constant martial clashes and grant the divorced

spouse the right to marry again for another chance to achieve marital bliss.

AMONG THE GROUNDS FOR DIVORCE ARE:

• Psychological incapacity of either spouse, whether or not the incapacity was

present at the time of the marriage or later;

• Violation or the Violence Against Women and their Children Act;

• Rape by the respondent-spouse against the petitioner-spouse before

marriage;

• And irreconcilable differences or irreparable breakdown of marriage despite

earnest efforts to reconcile.

WHAT ARE THE KEY PROVISIONS OF THE LAW?

• Provides that the States shall ensure an inexpensive and affordable court

proceedings in securing absolute divorce decree.

• Provides for the grounds on the grant of an absolute divorce decree to

include grounds for legal separation and annulment of marriage under the

family code of the Philippines.

• Provides priority for OFWs with respect to court hearings.

• Provides for a mandatory six month cooling-off period for petitioner

spouses.

• Provides option for delivering the presumptive if the spouse is still living.

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 HERE'S WHAT YOU NEED TO KNOW ABOUT MOVES TO LEGALIZE

DIVORCE IN THE PHILIPPINES.

1. WHAT OPTIONS ARE AVAILABLE FOR FILIPINOS WHO WANT TO GET OUT

OF MARRIAGE?

Currently, the only legal recourse available to Filipinos who want to exit

a failed union is through an annulment or a petition for legal separation. These

two options have different grounds and end results.

Under the Family Code of the Philippines, a marriage may be annulled if

any of the following grounds exist:

• lack of parental consent,

• psychological incapacity,

• fraud,

• marriage by force or intimidation,

• Inability to consummate the marriage and if one party has contracted a

sexually-transmissible disease.

The 1987 Family Code was introduced under the presidency of Corazon Aquino.

Those seeking annulment must undergo a mental exam, testify in court and

sometimes even claim they or their spouse entered the union while afflicted by a

psychological disorder. The process can cost at least P250,000 and take

anywhere from one to 10 years given the congestion in Philippine court dockets.

If the petition is granted, the couple may live separately from each

other. The conjugal partnership is also dissolved, but the marriage bonds

are still in effect.

2. WHY IS THERE NO DIVORCE LAW IN THE PHILIPPINES?

Across the globe, the Philippines and the Vatican are the only states without

divorce but allow the annulment of marriage. The Vatican is an independent state

headed by the pope, who also heads the Catholic Church. The Philippines,

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meanwhile, is a predominantly Catholic country. Majority of couples also

opt to marry in church.

Over 80% of people in the Philippines describe themselves as Catholic,

and the church has a powerful influence in the country

Gabriela Women's Party Rep. Emmi de Jesus in a statement after the bill hurdled

the lower house reiterated calls for its legalization.

"Ang pagpasok sa kontrata ng kasal, na kinikilala ng estado ay isang

karapatan. Karapatang may karampatang obligasyong kailangan tuparin ng

dalawang panig. Dapat naroroon ang pagmamahalan, paggalang, suporta at

iba pang factors na magbibigay ng kaligayahan at kalusugan sa

kanilang relasyon," she said.

"Kapag may paglabag sa mga obligasyong ito, na kung minsang

umaabot pa sa puntong nakataya na ang buhay at katinuan sa pagitan

ng mag-asawa, marapat lamang na kilalanin din ng estado ang karapatan na

wakasan ang kontrata at karapatang umalis sa relasyon."

3. WHAT ARE THE PERTINENT DETAILS OF HB 7303?

House Bill 7303 aims to make divorce more accessible to a wider range of

couples seeking liberty from irreparable marriage.

One of the grounds under the proposed bill is when "one of the spouses undergoes

a gender reassignment surgery." Other grounds include:

• reasons stated under legal separation and annulment under the Family

Code

• separation of spouses for at least five years

• legal separation by judicial decree for at least two years

• psychological incapacity

• irreconcilable marital differences

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4. HOW LONG DOES IT TAKE TO GET A DIVORCE?

There are several factors that may affect the amount of time needed to get

a divorce. Some of these are legal requirements, which vary by state.

RESIDENCY REQUIREMENTS. This is the length of time one or both parties must

be a resident of the state. Residency requirements range from no time at all to one

year.

SEPARATION REQUIREMENTS. In many states, you and your spouse must be

living separately for a certain length of time before you may obtain a divorce.

Separation requirements range from none at all to three years.

5. WHAT IS AN UNCONTESTED DIVORCE?

An uncontested divorce is one in which there is no opposition to what is

requested in the complaint or petition, or in which both parties agree to the divorce

and the terms of the settlement of all issues (property and debt division, alimony,

and child custody and support). A case where there is full agreement and

participation is sometimes called a consent divorce.

WAITING PERIODS. Some states require that a certain amount of time passes

between filing for divorce and either scheduling a court hearing or entering a

final judgment waiting periods range from none to 90 days.

OTHER REQUIREMENTS. Some states may require mediation of issues in

dispute, marriage counseling, or a parent education class relating to how divorce

affects children. In addition to legal requirements, there are also other factors

that may affect the amount of time it takes, such as how long it takes to have

your spouse served with divorce papers, the extent to which your case is

contested, and the court’s docket backlog.

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