Violence against Women and Children

The law best known to many as the “Violence against Women and Children” is the bill often referred to as Republic Act #9262. People will overhear this strange number used by the attorney in conversation, but those who are trying to get a divorce in the Philippines will not find this bill at all useful.

The law is enforced for those who break the bonds of marriage in acts of aggression, but this law uses subsections that can and are repeatedly referred to as violence. The most common of these acts would of course be actual harm to a spouse which can be the man or woman.

Some aspects of marriage that would be overlooked by other countries are given high priority in the Philippines, one of which is causing of emotional or psychological distress. This measure also includes staying or living within the property of which the spouse and child (if any) live in also. Oddly enough that may include the house that you occupy and is the only personal dwelling to which you can stay.

Other acts which fall under the law include threats with bouts of intense yelling due to their nature under the subsection of distress and/or public ridicule. Often for those going through a divorce in the Philippines one will also discover that acts of kindness in the past with money can be part of the hearings involving this law. Sacks of rice or any other types of monetary items are often prioritized as “support” which can and will often be requested as part of spousal assistance under such proceedings. The law of this country should be looked at closer upon the final decision of wanting to live in the Philippines.

Advertisements

1 Comment

Filed under Divorce in the Philippines

Divorce in the Philippines-One Step Forward

The ability to have a Divorce in the Philippines already exists. Click here for more details.

The Philippines bishops have labeled a proposed divorce law as “dangerous” and “a prelude to total divorce,” which Church leaders in the country oppose.

The House of Representatives approved on a third and final reading the proposed law, which would allow Filipinos to remarry after being granted a divorce abroad.

The bill, which seeks to amend the Family Code of the Philippines, proposes to recognize a divorce obtained by a foreign spouse in another country without the need to seek judicial recognition. A similar bill awaits Senate approval before President Benigno Aquino can sign it into law.

“The bill will only require the Filipino spouse to submit a duly authenticated copy of the decree of absolute divorce,” said Rep. Rufus Rodriguez, one of the authors of the bill.

But Abp. Ramon Arguelles of Lipa said the bill “is prelude to total divorce.”

“Everyone should now understand that the deception is not over. The devil is at work. We are right at the center,” Abp. Arguelles said, calling the proposed law “evil.”

“That’s why I fight these because they are anti-God and immoral,” he said. “Those who pass this law will face the judgment of God,” the prelate added.

Bishop Honesto Ongtioco of Cubao said Church teaching on marriage “does not change even if some people would advocate change.”

Aside from recognizing the capacity of the Filipino spouse to remarry, the proposed statute also simplifies the process of recognition of a foreign judgment of divorce obtained by a foreign spouse.

Survey Suggests Public Support

The Philippine bishops’ conference issued a statement in March opposing the legalization of divorce in the country, saying it will only make a “mockery” of the sanctity of marriage.

A survey released by pollster Social Weather Stations during the first quarter of 2015 revealed that at least 60 percent of Filipinos want divorce to be legalized especially for “irreconcilably separated” couples.

Women’s party Gabriela last year filed a proposed measure, House Bill 4408 or “An Act Introducing Divorce in the Philippines,” that seeks to address the problem of “irreconcilable marriages.”

Under the proposed law, divorce will be granted only for a petitioner who has been separated from his or her spouse for at least five years “and reconciliation is highly improbable.”

A petitioner who has been legally separated from his or her spouse for at least two years “and reconciliation is improbable” can also be granted divorce, according to the proposed law.

The Philippines is the only country, aside from the Vatican, that does not allow divorce.

Divorce was legal in the Philippines and widely practiced especially among tribal communities until 1950 when the country’s New Civil Code prohibited divorce.

The law, however, allows legal separation — spouses are considered still married to each other and cannot remarry — and the annulment of marriage.

Data from the Office of the Solicitor General show that the number of annulment cases in the Philippines increased by 40 percent from 4,520 cases in 2001 to 8,282 in 2010.

Out of the 8,000 to 10,000 petitions for annulment filed before the Solicitor General, more than 90 percent have been granted by the courts.

Leave a comment

Filed under Divorce in the Philippines

Chatter on Changes to Divorce in the Philippines

DIVORCE IN THE PHILIPPINES

DIVORCE IN THE PHILIPPINES

The social media in The Philippines have been awash over the last few months with talk and chatter about the changes to divorce in the Philippines. Many Facebook pages supporting changes to the Philippines constitution have helped push this subject to the front of the newspapers and even the more conservative newspapers have been obliged to report a definite change in the public on divorce.

Online petitions have been a big thing too.

 

End the cast system and allow divorce in the Philippines as all other countries do. Annulment is way too costly for the average person and takes way too long. Allow for divorce on the grounds of irreconcilable differences, unfaithfulness, abandonment, abuse, failure to consumate, and the like. Please be sure to share

DIVORCE IN THE PHILIPPINES IS AVAILABLE NOW.

COMMENTS

 

  • TMNetherlands, Meppel

Sep 27, 2015

Individual rights are only limited in North Korea, China and… Philippines. That’s a shame. Any individual has the basic right to fill in his/her private life. Any law or church who limits that private freedom is criminal

Sep 26, 2015

allow divorce now!

Sep 25, 2015

i want to pursue divorce here in the philippines

Sep 22, 2015

lets all unite and make a difference.allow divorce in our country.

Sep 21, 2015

Please let us live freely as equals with those who are happily married, celibates, single-blessed.

Sep 21, 2015

i want divorce to able to have a happy life

Sep 18, 2015

I really do want divorce to have freedom

  • katPhilippines, Diliman

Sep 17, 2015

I HOPE DIVORCE WILL BE ALLOWED IN PHILIPPINES

  • David United States, Rancho Palos Verdes

Sep 17, 2015

She hasn’t seen the drunk that beat her for TWENTY-FIVE years! Shouldn’t her government allow her a new start.

  • chaPhilippines, Manila

Sep 16, 2015

divorce now

Sep 16, 2015

Please pass the divorce Philippines now!

Sep 16, 2015

divorce is a sign of progress

  • judie sHong Kong, Central District

Sep 16, 2015

Yes to divorce ….

  • Anonymous

Sep 15, 2015

Please allow divorce law in the philippines. I’ve suffered such trauma and still I’m attach to my ex because were still legally married.. Its been 6yrs since we separated.. Make it affordable..

 

Aside from the Vatican, the Philippines is the only country which does not provide a procedure for divorce.  Furthermore, it is difficult for Filipinos to obtain divorces abroad and often these are not recognized by the Philippines.  The only way a citizen of the Philippines can end their marriage is by annulment, which is an onerous, expensive and time-consuming process that is not even guaranteed to be successful.

This effectively leaves most of the poor and overseas worker population of the Philippines unable to move on with their lives from a marriage that is often abusive, adulterous and contracted by deceit–such as polygamous marriages–under threat from one’s family or that of the spouse’s and/or when the couple is very young and naive.

The exception is for the Muslim population of the Philippines, who are in fact able to obtain divorces; and this demonstrates an obvious lack of separation of church and state within the Philippine government–which is heavily influenced, if not almost completely controlled by, the Catholic Church.  This goes against the notion of human rights.

Leave a comment

Filed under Divorce in the Philippines

DIVORCE VERSES ANNULMENT IN THE PHILIPPINES?

It is widely believed that there is no divorce law in the Philippines. It is also erroneously assumed necessary that a previously married Filipino woman or man, whose spouse is still alive, must get a legal civil annulment in order to marry again.  This is not strictly correct and there are exceptions which we will briefly describe at the end of this article.

Our divorce solution has been the answer to many Filipina’s problems and some of them are now living in foreign countries with their caring husbands.

But first we will initially present an outline of the procedure to apply to the Court for an Annulment.  The key features are described.

 

The first step is to hire an attorney. An attorney’s acceptance fee, typically ranges from 120,000 pesos to 200,000,000 pesos.

 

But be cautious, in the Philippines, there are some people who might promise, and offer attractive and imaginary services, such as a quick annulment of marriage, for an even larger amount.  However, taking such a huge financial risk is ill advised and may result in a loss of the entire sum with little or no actual progress on the legal case.

The time necessary for an annulment depends on the skills, connections, and application of the attorney. An uncontested annulment case (in which the spouse does not show up at all in court) may take 2 to 4 years to complete, depending on the calendar of the court, the availability of witnesses and other issues such as child custody or property partitioning.

Cases where the spouse does appear or deliberately causes delays can take even longer. As well, NSO (PSA) annotation delays add to the time it takes.

Your lawyer must manage the process carefully and diligently to again minimise delays.

The second step is writing the required marital history. This is a detailed narrative of the marriage from the time the two first met through the present.  It also includes the reason for the separation focused on the personality of the couples and detailing the end the relationship.

The most common grounds for Traditional Annulment and Declaration of Nullity of Marriage are as follows, but not all grounds are discussed.

  1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).
  2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).
  3. Absence of marriage license (except in certain cases).
  4. Bigamous or polygamous marriages.
  5. Incestuous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).
  6. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
  7. 8Psychological Incapacity. Psychological incapacity contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse.

 

Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not justify a finding of psychological incapacity.

Most annulment lawyers in the Philippines commonly use Psychological Incapacity as the main ground on which to base and file a case.

In Western countries all of the categories mentioned in 8 would be sufficient grounds for divorce.

 

The third step is the psychological evaluation process. This varies from one psychologist to the next although there are standard elements. The lawyer normally would recommend a psychologist/psychiatrist who will do the evaluation and be a witness in court. The evaluation may cost from 40,000 pesos to as high as 60,000 pesos per session. Often multiple sessions will be required.

Some psychologists charge additional fees for testifying in court.

The spouse will be asked to join in the evaluation, but in most instances they do not participate in the evaluation process. The psychologist will then proceed to do the evaluation based on the tests and the interviews with the party or parties as well as other relevant witnesses.

The fourth step is the drafting, then filing, of the petition itself. This is the lawyer’s job. After the filing of the petition, which must be signed by the requesting party (husband or wife), the case will be assigned to a branch of the Regional Trial Court. The spouse will now be notified by sending papers, called summons, requiring the spouse to answer the petition within a number of days from receipt of the notice.

Collusion of marriage (both parties agreed to file an annulment) will also be investigated, a process wherein, a public prosecutor will be assigned to a court and will be asked to determine if the parties involved are conspiring to file a case.  Collusion – mutually agreed-upon separation – is not an acceptable condition and would result in a dismissal of the annulment petition.  Proving collusion is almost impossible to determine.

After the investigation, a report is prepared by the public prosecutor on the findings of his investigation. If no collusion is found which again is difficult to prove, the case proceeds to a pre-trial and the spouse will be notified again.

If the spouse fails to appear, the court will proceed with the marking of the documents, the determination of the number of witnesses, and the schedule of the trial. During the trial stage, witnesses will be called. Normally, the witnesses would be the petitioning party, a corroborating witness (who knew the parties involved and what happened to the marriage), and the psychologist who will testify on the evaluation made. The public prosecutor representing the government will be allowed to question the witnesses as well.

After the trial and the offer of evidence, the case is then submitted for decision. Waiting for the decision may take 90 days and often very much longer.  An adverse decision may be a reflection of the Judges personal feelings about annulling a marriage.  So there are no guarantees!

As can be imagined an annulment can be a long drawn out procedure and might use up years of potentially happy times with a new partner.

We have managed divorces for over 30 Filipinas who found men who love them and treat them with the respect they deserve.

Several of them had already experienced the disappointment of going through a failed annulment before coming to us.  Several clients came to us after spending 500,000 pesos and lost.  They had lost their money and were beginning to lose hope!  We successfully assisted them to a divorce.  We have never lost a case!

So what is the alternative solution for dissolving an unworkable marriage?

It is very simple just Google www.divorceinthephilippines.info and talk to us.  You will be pleased you did.  We offer a no obligation advice and a guarantee of success!

www.divorceinthephilippines.info

1 Comment

Filed under Divorce in the Philippines

Partial Divorce Bill

Divorce in the Philippines has become a major news story over the last few months in the Philippines. It is fair to say that the debate is out there in the public arena and even more important it is being carried by social media, which has forced the mainstay media to report too.

Here are some of those reports that are worth further reading.

The approval of the “partial divorce” bill on third and final reading by the Lower House is getting church leaders worried.

They fear that this measure is a prelude to total divorce which the Catholic Church is opposed to.

House Bill 5907 authored by Reps. Rufus Rodriguez (Independent, Cagayan de Ofro City) , Maximo Rodriguez (Abante Mindanao Partylist), and Magtanggol Gunigundo (Lakas-CMD, Valenzuela City) which was unanimously endorsed by the House Committee on Revision of Laws allows Filipino spouses to remarry if their original partners are able to win a divorce decree from a foreign court.

The bill seeks to amend Executive Order No. 209 (Family Code of the Philippines).

Section 1 of HB 5907 provides that “in case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce obtained by the alien spouse duly authenticated by the Philippine consul in the country where the decree was obtained, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.”

The Filipino spouse will no longer seek judicial recognition or enforcement of the foreign judicial decree of absolute decree.


Read more at
http://www.mb.com.ph/partial-divorce-bill-worries-church-leaders/#iOd8wyTIkzso1mhc.99

Some 203 lawmakers voted to pass the measure with Buhay party-list Rep. Lito Atienza voting against it.

Only one out of the 204 congressmen present in yesterday’s session voted against House Bill 5907 or the bill allowing a Filipino spouse to remarry in case the alien spouse has obtained a decree of absolute divorce from a foreign judicial body.

“Buhay party-list cannot participate in the votation of a serious matter that is the product of an erroneous and capricious system where laws are being passed without proper dissemination or information,” Atienza said.

Read more at http://www.philstar.com/headlines/2015/08/25/1491935/house-oks-bill-allowing-pinoys-divorced-foreigners-remarry

HB 5907 also provides that the Filipino spouse need not seek judicial recognition or enforcement of the foreign judicial decree of absolute divorce.

 

Rather, the registration of the foreign spouse’s judicial decree of absolute divorce with the civil registrar will be enough for the Filipino spouse to be issued a marriage license.

 

Aside from promoting ease of remarriage for Filipino spouses divorced from their partners, the bill also seeks to simplify the process of recognition of a foreign judgment on divorced obtained by the foreign party.

 

The measure was primarily authored by Reps. Rufus Rodriguez of Cagayan de Oro, Maximo Rodriguez Jr. of ABAMIN party-list, Magtanggol Gunigundo of Valenzuela City, Marlyn Primicias-Agabas of Pangasinan and Leni Robredo of Camarines Sur.

The Philippines does not have a divorce law.  Xianne Arcangel/JDS, GMA News

– See more at: http://www.gmanetwork.com/news/story/534184/news/nation/house-oks-bill-simplifying-remarriage-for-divorced-filipinos#sthash.zSOGW4nQ.dpuf

Leave a comment

Filed under Divorce in the Philippines

Pushing Harder for Divorce in the Philippines

Contrary to what most people think, a divorce in the Philippines CAN be obtained and we are able to steer you through the whole process, saving you a considerable amount of time and money – GUARANTEED. ALSO … we can facilitate a divorce from anywhere in the Philippines and even from overseas.

Divorce in the Philippines

Did you know, that when a man commits concubinage (sexual relationship with another person to whom they are not or cannot be married to the full extent of the local meaning of marriage), and is found guilty, he only gets desetero or to stay away from the wife? While the wife who commits adultery, gets 1 1/2 to 6 1/2 years in jail. And the accusing party only needs circumstantial evidence. That’s Philippine justice and  law for you.

The Philippines is the only country in the world — aside from the Vatican — where divorce is forbidden, a testament to the enduring power of Roman Catholicism that has flourished since Spanish colonizers imposed it nearly 500 years ago.

The church and many of its followers in this Southeast Asian Catholic stronghold of 100 million believe strongly in the indissolubility of marriage. But a growing number of Catholics would  now support a change.

The independent pollster, Social Weather Stations, found in March 2011 that 50 percent of Filipinos surveyed favoured divorce for couples already separated so that they can remarry, while 33 percent opposed it. In 2005, the two sides were about even. Catholics account for about 85 percent of the country’s population.

Realuyo, a 58-year-old insurance broker, said she would have gotten a divorce if it had been available back in 1989 when she filed for an annulment. She said her husband didn’t provide for their family, used drugs and was uncooperative in counselling sessions.

She was jubilant and celebrated with an “Independence Day” party when the civil annulment was approved in 1991; 12 years after her church wedding and 10 years after her husband left their home.

The annulment will allow Realuyo to remarry in civil ceremonies, but not in Catholic rites because her marriage has not been annulled by the church. If she remarries outside the church or has a live-in relationship, that would be considered immoral by the church and she would be denied communion, a form of excommunication.

Realuyo paid her lawyer about 7,000 pesos, less than $1,000 at the time, to take care of her annulment petition 25 years ago. It has gotten substantially more expensive, too costly for many in this impoverished nation to afford.

The system is wicked and forces people to stay together when love has gone and both parties want to move onto more loving partners. Divorce is not an end of a marriage, but more over the start of a new loving one. Why would anyone stop anyone being happy? Divorce in the Philippines is possible. Contact us now for more information.

Leave a comment

Filed under Divorce in the Philippines

Divorce Already Happens in the Philippines

But there is a Divorce in the Philippines and it is so much easier that applying for an Annulment.

But there is a Divorce in the Philippines and it is so much easier that applying for an Annulment.

Our rejuvenated web site www.divorceinthephilippines .info is indexed onGoogle search engine rankings and we are receiving  inquiries each month.  That might not seem many considering the Internet can be accessed by millions of people from virtually anywhere in the world.

The sort of people who are searching for information dealing with divorce in the Philippines are mainly foreigners who have met a beautiful Filipina and discovered that she is already legally married but has been separated or abandoned by her husband for several years.

If the chat sessions have been progressing satisfactorily the first thing the foreigner asks about is about how she can obtain a divorce.  The Filipina inevitably says that there is no divorce in the Philippines only Annulment.

But there is a Divorce in the Philippines and it is so much easier that applying for an Annulment.

Many believe that in the Philippines Annulments is the only method to break a marriage and set a woman free to remarry a person who respects and cares for them as they deserve.

Many times the woman will be much younger that the older foreigner boyfriend and this does not bother them.  A Filipina is usually seeking a way out of her current unsatisfactory situation and will make many sacrifices to make her life better.    When they do meet a foreigner and form a stable relationship they will be faithful and truly caring towards him.  Most foreigners are looking for a sweet lady to be their friend and companion.  Many have already gone through separations and divorces themselves so they have first and knowledge of the emotional pain and financial battering that goes with it.  But we cannot dwell in the past we must move on and look forward to better times

Filipina’s do adapt quickly to new situations and try very hard to make adjustments to suit the foreigner.

English is widely spoken in the Philippines and many Filipinos can read, write and speak English reasonably well.  One of the biggest issues that can arise when speaking in English to their new foreigner friends is the fact that their comprehension of English is not equal to their spoken English and many misunderstandings can occur.  But this is that same for the foreigner for whom English is not their native language.

We often get comments from foreigners who say that their girlfriends do not understand what they are saying.  Some relationships are heading for the rocks even before the divorce commences.  The simplest approach for us is to say “put yourself in her shoes and see how you manage.  Suppose she speaks every second word in Tagalog?  How would you handle it?

The foreigner soon understands what we are saying and tries to help the girl rather than being critical of her.

If both parties are committed to making a new relationship work then in theory they can look forward to a happy life together.  Sure there will be arguments from time to time and that is part of any relationship.  The exciting part is making up after the fight!

Contact us at www.divorceinthephilippines.info       It costs nothing to talk to us!

1 Comment

Filed under Divorce in the Philippines

Solons acknowledge House must start deliberations on divorce

While there’s no guarantee a divorce bill will become law in the 16th Congress, lawmakers agree that the lower chamber should start discussions on the process amid growing public support for its legalization.

House Speaker Feliciano Belmonte Jr. said results of a Social Weather Stations (SWS) showing majority support for legalizing divorce isn’t an assurance its passage will be fast-tracked.

“The vast majority were also pro-RH [Reproductive Health Law] but it took several Congresses before it got approved in the 15th Congress. So the 60 percent is no indicator,” he said in a text message.

The controversial RH Law was approved in 2012 despite stiff opposition from the Catholic Church in the Philippines.

More from: http://www.gmanetwork.com/news/story/457497/news/nation/solons-acknowledge-house-must-start-deliberations-on-divorce

4 Comments

Filed under Divorce in the Philippines

There still is Divorce in the Philippines

It has been almost 18 months since we last published an update regarding our DIVORCE site.  You can read below what happened and how we have tried to rectify the issue.

divorce in the Philippines

divorce in the Philippines

As a brief background, we have been facilitating divorces since 2008 (40 successful cases out of 41 petitions) and clients have found us mainly through word of mouth.  Unfortunately disseminating information through word of mouth can cause confusion as each person  puts their own spin on what they think was said so we decided to work through a dedicated website.

About three years ago a website was constructed for us by a experienced computer person and was launched on Google.  The Webhosting company was paid by the website builder each year and billed back to us.  Unfortunately, the website builder died suddenly early in 2013 and consequently the hosting fees were not paid and the site name lapsed.  No amount of negotiating with the hosting company would convince them to release any information to us about the site.

So, anyone considering having a website built should insist that the person constructing the site provides all of the access details or codes  including the name and contact number of the web hosting company.  If the owner does not have this information and loses contact with the person who built the site they could find themselves in the same predicament as us.

Those that understand how Google ranks web sites will know that “hits” are recorded and ranked by the number of times the search engine  accesses the site.  Adding news updates also increases the ranking of the site and increases the chances of a specific site being found.

Initially, our response rate was quite slow but as we increased our news updates the site became more familiar to Google which resulted in a considerable increase in responses.

Also, the number of responses to our http://www.divorceinthephilippines site indicated to us that the service we are offering was of  interest to many people. But because the website name lapsed inquiries declined to almost zero.

Consequently, we were forced to cut and paste our old site information and attempt to rebuild an alternative site from that.    Luckily for us we were able to recover a lot of the old material and that is included in our new site http://www.divorceinthephilippines.info.

This site will be maintained and updated on a regular basis.

We hope to hear from you soon. Use the “contact us” button to find out more about how you can get your lady free  from her existing marriage so that she can marry again.

As we say in our web site introduction, “it costs nothing to ask our opinion”.

www.divorceinthephilippines.info

1 Comment

Filed under Divorce in the Philippines

Divorce in the Philippines Update

We have been facilitating divorces since 2008 and clients have come to us mainly through word of mouth.  Unfortunately disseminating information through word of mouth can cause confusion as each person  puts their own spin on what they think was said so we decided to work through a dedicated website.   The site was constructed for  us by an experienced computer person and was launched about 3 years ago.  The web-hosting company was paid by the website builder each year and billed back to us.  Regrettably the website builder died suddenly early in 2013 and consequently the hosting fees were not paid and the site name lapsed.  No amount of negotiating with the hosting company would convince them to release any information about the site.

Consequently, we recovered as much information as possible and had it rebuilt into an alternative site. Our new site is called http://www.divorceinthephilippines.info.

Use the “contact us” button to find out more about how you can get your lady free  from her existing marriage so that she can marry again.

As we say in our website introduction, “it costs nothing to ask our opinion”.

http://www.divorceinthephilippines.info

1 Comment

Filed under Divorce in the Philippines