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Friday, July 26, 2019

5 Years of Separation Can Be a Ground For Annulment Under New Bill




It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country.  Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years.  According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.  On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate.  The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony.  The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners.  A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.
It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country.

Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years.




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According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.

On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate.
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The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony.

The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners.

A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.

This article is filed under divorce, annulment in the Philippines, Family Code, legal separation, marriage, house bills, laws. 

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