Tag Archives: Family code of 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.

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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

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