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HB 1799 (2011)

HB 4016 (2005)

HB 6993 (1999)

SB 782 and HB 878 (2001)

Summary

The bills recognized both divorce and legal separation.

The bills scrapped off legal separation and replaced it with divorce.

Grounds

  1. Separation de facto for at least five years at the time of the filing of the petition and reconciliation is highly improbable
  2. Legally separated for at least two years at the time of the filing of the petition and reconciliation is highly improbable
  3. Any of the grounds for legal separation has caused the irreparable breakdown of the marriage
  4. Psychological incapacity of one or both spouses
  5. Irreconcilable differences that have caused the irreparable breakdown of the marriage
  1. Repeated physical violence or grossly abusive conduct directed against the other spouse, a common child, or a child of the spouse
  2. Physical violence or moral pressure to compel the other spouse to change religious or political affiliation
  3. Attempt to corrupt or induce the other spouse, a common child, or a child of the spouse, to engage in prostitution, or connivance in such corruption or inducement
  4. Final judgment sentencing either of the spouses to imprisonment of more than six years, even if pardoned
  5. Drug addiction or habitual alcoholism
  6. Lesbianism or homosexuality
  7. Contracting a subsequent bigamous marriage, whether in the Philippines or abroad
  8. Sexual infidelity or perversion
  9. Attempt on the life of the other
  10. Abandonment of spouse without justifiable cause for more than one year
  11. Irremediable breakdown of the marriage relationship due to irreconcilable differences

Cooling off period

6 months from filing of petition when the grounds are that of (3) and (5) except in cases involving violence against women and children under R.A. 9262

6 months from filing of petition

Prescription 

None

Petition must be filed within 1 year from knowledge of cause.

Efforts to reconcile

Yes

Yes

Effects of reconciliation

No mention

  • Reconciliation during the pendency of the proceedings terminates the petition.
  • Reconciliation after the issuance of the decree sets aside the divorce.

State participation

Yes

Effects upon filing

  1. Spouses are entitled to live separately from each other.
  2. Court designates administrator of absolute community or conjugal partnership property.
  3. Court provides for support of the spouses and the custody and support of their common children.

Judgment based on stipulation of facts or confession of judgment

Not allowed

Consequences of decree of divorce

  1. Marriage bonds are severed.
  2. Absolute community and conjugal partnership property are equally divided between the spouses.
  3. Presumptive legitimes of children are delivered.
  4. Spouse who is not gainfully employed is entitled to support for one year from finality of decree or until he or she finds adequate employment, whichever comes first.
  5. Actual, moral, and exemplary damages may be awarded to the aggrieved spouse.
  6. Custody of minor children is determined by court.
  7. Children are entitled to support.
  8. Children conceived or born before the finality of the decree are legitimate.
  9. Parties are disqualified to inherit from each other by intestate and testate succession.
  10. Under the grounds for divorce are (3) and (5),  the innocent spouse may revoke donations in favor of the other spouse as well as the irrevocable designation of the offending spouse as beneficiary in an insurance policy.
  1. Marriage bonds are severed after a year the divorce decree becomes final
  2. Absolute community and conjugal partnership property are equally divided between the spouses however if there is an adjudged offending spouse, said spouse does not have any share to the net profits except further if the ground for divorce is that under (3), the net profits are divided equally.
  3. Presumptive legitimes of children are delivered a year after the decree become final.
  4. Custody of minor children are awarded to the innocent spouse except if the ground is that under (3), the custody is awarded to the spouse more capable in ensuring moral, mental, and physical well-being.
  5. Children are entitled to support.
  6. Parties are disqualified to inherit from each other by intestate and testate succession.
  7. Any of the spouses may revoke donations in favor of the other spouse as well as the irrevocable designation of the other as beneficiary in an insurance policy.

Denial of petition

  1. Connivance
  2. Collusion
  1. Connivance
  2. Collusion
  3. Consent
  4. Condonation
  5. Both parties 
  6. Prescription
  7. Irreconcilable martial differences are insufficient to justify divorce
  8. Petitioner has not resided in the country within one year prior to filing of the petition

Divorce abroad

A divorce obtained abroad by a Filipino, is valid in the country if based on any of the grounds provided under Philippine law.

No mention

 

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