# House panel approves absolute divorce bill



## M.C.A. (Feb 24, 2013)

*MANILA* – The House Committee on Population and Family Relations on Tuesday endorsed for plenary approval a bill reinstituting absolute divorce as an alternative mode for the dissolution of marriage in the Philippines.

*During its virtual hearing, the committee unanimously approved the unnumbered substitute bill that would allow absolute divorce in the country.*

In his sponsorship remarks, Albay Rep. Edcel Lagman said the bill seeks to reinstate absolute divorce because it was already practiced during the pre-Spanish times, the American colonial period, and during the Japanese occupation.

"Today is a momentous occasion for countless wives, who are battered and deserted, to regain their humanity, self-respect and freedom from irredeemably failed marriages and utterly dysfunctional unions,” Lagman said following the unanimous approval of the bill.

Lagman noted that no less than Speaker Lord Allan Velasco favors the enactment of a reinstituted absolute divorce law as he submitted the following perfecting amendments which are now incorporated in the substitute bill: provisions on court-assisted petitioners; community-based pre-nuptial and post-matrimonial programs; community-based women’s desks to provide assistance and support to victims of violence and abuse; and an appropriation language for the bill.

He said the grounds for legal separation, annulment of marriage, and nullification of marriage based on psychological incapacity under the Family Code of the Philippines are included as grounds for absolute divorce and were amended to make said grounds cover causes arising after the solemnization of the marriage.

The bill states that the other grounds for divorce include: separation in fact for at least five years at the time the petition for absolute divorce is filed; when one of the spouses undergoes a gender reassignment surgery or transitions from one sex to another; irreconcilable marital differences as defined in the bill; other forms of domestic or marital abuse which are also defined in the bill; valid foreign divorce secured by either the alien or Filipino spouse; and a marriage nullified by a recognized religious tribunal.

The effects of absolute divorce include the voiding of the marital union and capacitating the divorced spouses to remarry.

Lagman highlighted that the Philippines is the only country in the world today that outlaws absolute divorce, aside from the almost celibate Vatican City state.

"It is hard to believe that all the other countries collectively erred in instituting absolute divorce in varying degrees of liberality and limitations. An en masse blunder is beyond comprehension. An erroneous unanimity on such a crucial familial institution defies reason and experience. Obviously, the rest of the world cannot be mistaken on the universality of absolute divorce," he said._* (PNA)*_

Link to article PNA Government News agency


----------



## Hey_Joe (Sep 13, 2016)

Wow, i wasn't expecting this to be in the news again until 2022. Seems to happen every 2 years. Probably the last anyone will hear about it again for another 2 years

2018
House panel approves substitute bill on divorce

2020
Philippines: House Bill on Divorce Approved in Committee


----------



## Shadowman (Apr 20, 2020)

M.C.A. said:


> the bill seeks to reinstate absolute divorce because it was already practiced during the pre-Spanish times, the American colonial period, and during the Japanese occupation.


Agreed, now roll everything back to the good old days, including allowing foreigners to own land.


----------



## Gary D (Oct 28, 2013)

Can you imagine how convoluted and complicated they will make it. Just a law for the rich like divorce was in the west.


----------



## M.C.A. (Feb 24, 2013)

Hey_Joe said:


> Wow, i wasn't expecting this to be in the news again until 2022. Seems to happen every 2 years. Probably the last anyone will hear about it again for another 2 years
> 
> 2018
> House panel approves substitute bill on divorce
> ...


There appears to be a difference this time, the House wanted changes (debates or voting) in order to accept the modified Divorce Bill.

Vs

2018 news article link. Following its approval at a committee level, the bill is now set to go to the plenary for another round of debate or voting

2020 news article link. *a bill proposing* the legalization of divorce in the Philippines was approved by the Committee on Population and Family Relations of the Philippine House of Representatives.

The Committee on Population and Family Relations of the Philippine House of Representatives is expected to refer the approved bill to the full House for further analysis and debate.


Current status: So the full house reviewed the changes or modifications/concerns with the Bill Ammendment (IAW 2020 news article) The House Committee on Population and Family Relations on Tuesday endorsed for *plenary approval a bill* *reinstituting absolute divorce as an alternative mode for the dissolution of marriage* in the Philippines.

The current Divorce Bill is ready for finialization and if not then it's because certain House members refuse Divorce but so far it's going to revert back to the way it was implementing many years ago. I remember hearing earlier this year that they need to finish it up this year.


----------



## Hey_Joe (Sep 13, 2016)

Annulment is governed by an "Executive Order". A few changes & a signature could make it much faster & easier than it is right now.

Something to ponder for foreigners; how would a Philippine divorce affect them? How much alimony, child support, etc. etc. would a court decide and for how many years?

Here is the proposed bill, starts on page 4. These processes will impact an already "slow" court system.
SOURCE: https://www.congress.gov.ph/legisdocs/basic_18/HB00100.pdf


----------



## Scott E (Jun 1, 2015)

Got this ,, Thank You Much


----------



## Shadowman (Apr 20, 2020)

Hey_Joe said:


> Something to ponder for foreigners; how would a Philippine divorce affect them? How much alimony, child support, etc. etc. would a court decide and for how many years?


Considering they already have laws for that, I think the divorce will just involve the usual splitting the 'community property' 50/50


----------



## Scott E (Jun 1, 2015)

Shadowman said:


> Considering they already have laws for that, I think the divorce will just involve the usual splitting the 'community property' 50/50


This depends on a few things ,, Courts are aware of the "Scam Marriages" !!


----------



## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Considering they already have laws for that, I think the divorce will just involve the usual splitting the 'community property' 50/50


Not necessarily.

Say a person will file for divorce on the basis of The crime of Adultery for example and it can be proven.

_Revised Penal Code_ Article 334, *forced to give up their claims over conjugal properties, assets and the like*
SOURCE: Refworld | Philippines: Information on adultery laws, including enforcement (2014-June 2017)

And (Unrelated to Adultery)

From page 11 of HR100 - paraphernal or exclusive properties are excluded.


----------



## Shadowman (Apr 20, 2020)

Again, just substitute annulment with divorce, all the other laws remain the same.



Hey_Joe said:


> Say a person will file for divorce on the basis of The crime of Adultery for example and it can be proven.
> _Revised Penal Code_ Article 334, forced to give up their claims over conjugal properties, assets and the like


The crime of adultery can be committed only by a wife, not the husband, who would have to commit "concubinage" which is nearly impossible to prove. Both basically legal non-issues for the married foreign husband, before or after any new divorce laws.



Hey_Joe said:


> From page 11 of HR100 - paraphernal or exclusive properties are excluded.


Indeed, as they should be.


----------



## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Both basically legal non-issues for the married foreign husband, before or after any new divorce laws.


Regarding; Both basically legal non-issues for the married foreign husband, before or after any new divorce laws.

So you are stating Foreigners don't have to follow this Philippine law?

I'm aware of both the PI Adultrey/Concubinage law.
SOURCE: Attorneys of the Philippines │Blog │Annulment of Marriage

Concubinage is punishable by imprisonment ranging from 6 months and 1 day to 4 years and 2 month. But no mention of the offender losing property rights.
SOURCE: How To Punish an Unfaithful Husband In The Philippines - Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and Litigation Lawyers 

I'll share with you how a Filipina who I know punished her Foreigner husband.

The Foreigner was unaware that one of the cleaning ladies at a local short time hotel was her ex high school class mate. The cleaning lady told the wife of his repeated visits to the short time hotel with his kabit. The wife had her classmate contact her the next time her husband showed up with his kabit.

On the advice of her attorney, the wife took the marriage contract to the PNP sub station near the hotel and told them her husband was in that hotel with his kabit committing the crime of Concubinage. They waited until they heard the moaning and rushed in, they were naked, caught in the act. Husband was busted, blotters/documents were completed.

The wife subsequently filed for annulment. Not based on Concubinage, but based on Psychological incapacity.

"It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies,
RECENT SOURCE ARTICLE: SC revises rules on nullity of marriage: Doctor testimony not required, psychological incapacity a legal concept

The Judicial decision of the annulment was the foreigner got nothing. Everything went to the innocent spouse.

The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated. *The share of the spouse in bad faith in the net profits of the community property or conjugal partnership property shall be forfeited in favor of* the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, *the innocent spouse*;
SOURCE: How To Punish an Unfaithful Husband In The Philippines - Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and Litigation Lawyers

Once again, regarding;


Shadowman said:


> Both basically legal non-issues for the married foreign husband, before or after any new divorce laws.


I think otherwise.


----------



## Shadowman (Apr 20, 2020)

I'm not sure what part of "substitute annulment with divorce, all the other laws remain the same" you're missing.



Hey_Joe said:


> based on Psychological incapacity. The Judicial decision of the annulment was the foreigner got nothing.


That would be one of the other laws that remain the same.

Your initial question was "Something to ponder for foreigners; how would a Philippine divorce affect them?" and the answer is: it won't affect them any differently than the current annulment laws.


----------



## Hey_Joe (Sep 13, 2016)

Shadowman said:


> I'm not sure what part of "substitute annulment with divorce, all the other laws remain the same" you're missing.
> 
> 
> 
> ...


I'm not sure where you think "substitute annulment with divorce, all the other laws remain the same" applies.

Example being there is no Alimony, Child support as the result of an annulment but there is for HR 100 Divorce.

Following an annulment, *There are no standards in child support or spousal maintenance* to maintain her previous standard in society.
SOURCE: Expat divorce in the Philippines - Expatriate Law

However;

From HR100 (Divorce)

































Failure to pay Alimony identified in a court ordered divorce decree is "contempt of court".

so, regarding;



Shadowman said:


> Your initial question was "Something to ponder for foreigners; how would a Philippine divorce affect them?" and the answer is: it won't affect them any differently than the current annulment laws.


I've shown that it "will" affect Foreigners and everyone else.


----------



## Shadowman (Apr 20, 2020)

Hey_Joe said:


> there is no Alimony, Child support as the result of an annulment but there is for HR 100 Divorce.


There are already existing child support laws and they may certainly result from or with an annulment. 

However you may have a point with regards to alimony



Hey_Joe said:


> Failure to pay Alimony identified in a court ordered divorce decree is "contempt of court".


That would be something new. Whether it will ever be something real is the question.


----------



## Hey_Joe (Sep 13, 2016)

Shadowman said:


> I'm not sure what part of "substitute annulment with divorce, all the other laws remain the same" you're missing.


PI Child Support
SOURCE: Family Laws for Child Support in the Philippines | YKC Law in Manila

It's not that simple though. There are too many variables.

I know dead beat foreigners/locals who have children here from their ex GF that resemble them and the girl was not successful to get child support. I'm not currently aware of anyone from foreign divorces, annulments or separations regarding child support. 

They claim it's not theirs, maybe it's another foreigners/locals?. No court orders for DNA test/child support.

or

They claim the child is not mine, (even if they are/were married), no money to get a court ordered DNA test, no job, no many to pay, letter of agreement done at the Brgy level for a small amount, No resolution after 3 tries, DSWD gets involved, could take possession of child or recommend court, etc. etc.


----------



## Shadowman (Apr 20, 2020)

Hey_Joe said:


> PI Child Support
> SOURCE: Family Laws for Child Support in the Philippines | YKC Law in Manila


You haven't posted a source stating those current laws will change or even might change.


----------



## Hey_Joe (Sep 13, 2016)

Shadowman said:


> You haven't posted a source stating those current laws will change or even might change.


I'm certain that if HR 100 becomes law, the Family code and other laws will need to be amended but until then who knows what the future holds.

I sent you you a PM.


----------



## Lunkan (Aug 28, 2020)

Sometimes isnt court needed concerning child support by Baranggay captains can function as a mix of mediator (and "judge" but if one dont agree, then need court.)

It has to be in the baranggay or neiggbour baranggay to that where the person live, who support are demanded from.

BUT - noit sure if its true but many Filipinos believe so and it wouldnt suprice me if its true - if the case filer tell something embarrasing - even if its true !!! - so the oppnent lose face, that can be seen as a serious crime. 
I know some Filipina singöe mothers, who DONT DARE to file a case to get childsupport because of tthat e g one, who I told recently to go to baranggay captain close to where the father live. (He is middle class maried and repeeted cheater with different women (but as far as I now no more child outside marriage) while the mother is poor single so she hasnt done a crime concerning the child making.)


----------



## Shadowman (Apr 20, 2020)

Hey_Joe said:


> I'm certain that if HR 100 becomes law, the Family code and other laws will need to be amended


Maybe, but considering how long it takes to do anything here, especially change legal code, it'd be years or even decades away.


----------



## Shadowman (Apr 20, 2020)

Lunkan said:


> one, who I told recently to go to baranggay captain


I'd advise against this for reasons involving one's own life expectancy.


----------



## Lunkan (Aug 28, 2020)

Shadowman said:


> I'd advise against this for reasons involving one's own life expectancy.


 Well. The father isnt dangerous. But perhaps his wife 

*What do you sugest then when the father dont pay child suipport as he is suppoused to? *

(This guy DO pay some chilld support but to litle monthly and skip to pay many months.The child is some STARVING and problem to afford school costs (but the child is clever when she get the chance, best in class in several subjects) while the father spend money at having parties elsewhere


----------



## Shadowman (Apr 20, 2020)

Lunkan said:


> What do you sugest then when the father dont pay child suipport as he is suppoused to?


Not getting involved in the affairs of locals? Although I could suggest that you could pay the kids bills if you care so much


----------



## Lunkan (Aug 28, 2020)

Shadowman said:


> Not getting involved in the affairs of locals? Although I could suggest that you could pay the kids bills if you care so much


 Im only involved concerning law advice. And business advice (Im business consultant as profesion in Sweden.) And some Filipinos ask me about advice about medical conditions too! 

I cant pay support for all Filipino kids, they are to many 🤣 
So I dont pay to any of them ((Except once when a 3yo needed some more meds urgent to survive and fanmily had asked everyone but didnt manage any more, so I paid the missing part for the MEDS for the cure, but I didnt pay the hospital bill because that wasnt urgent to survive.))

Im AGAINST giving poor people aid as food or such not adding possibility to they will MAKE income themselves. (Except when ill or to disabled to work, or when urgent needed aid because of e g as Yolanda typhom.)
I find it much better to spend my money at assisting poor Filipinos by *adding jobs* to them...
"Better make so people can fish, than giving them fish."
If I ever get to Phils because of my injury, I can make it much more, I have allready prepared by being in contact with two "Help-to-self-help" international aid oirganisatioins about working for them in Phils - for free in diference from high positioned within Red Cross who get to high salaries  much higher than "surviving" salaries - they finance and I make it functions in Phils by organising and make basic business education,similar too how others have reach good results in e g Bangladesh, but they demand Im in Phils in person to let me start there with their financing. (I have done such before in Eastern Europe after the wall fell, plus a litle to Chile.)

I saw recently a "Help-to-self-help" aid in Phils admitting they has FAILED Not odd because they do kind of OPPOSITE to what I as business economist say  They give them (I believe without any basic business education) products to sarisari stores , which DONT ADD ANY BUSINESS INCOME MONEY TO THE POOR, it just make other poor with sarisari stores close LOSE by they fight to get SAME customers and when it become to much competition, that start "price wars" droping prices to get custiomers so ALL such business owners LOSE... Same type of error in thinking concerning food carts, which are to many allready too. The only possible solution is adding prodution, which both can add value localy and add money to poor regions by selling to e g Manila or export... 

Oh now I notticed that was off topic  but I think to important to erase.


----------

