THOUGHTSKOTO

Showing posts with label Annulment. Show all posts

Wednesday, August 18, 2021

Divorce Bill sa Pilipinas, aprobado na sa House Committee

MANILA, Philippines — PAPUNTA na sa debate sa plenaryo ng Kongreso ang isang divorce bill matapos itong inaprobahan sa committee level.

Sa isang pahayag, inanunsyo ni Albay Representative Edcel Lagman na inaprobahan na ng Committee on Population and Family Relations ang substitute bill na ginawa ng Technical Working Group.

“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,” pahayag ni Lagman.

Ayon sa mambabatas, layunin ng panukalang batas na ibalik ang absolute divorce na una nang naisagawa sa bansa noong pre-Spanish times, American colonial period, at Japanese occupation.

BASAHIN: Proseso ng annulment sa Pilipinas, isinusulong na mapabilis

Ads

Sinabi ni Lagman na pabor din sa panukala si House Speaker Lord Allan Velasco at katunayan, nagsumite ito ng mga ammendments na napapaloob na ngayon sa substitute bill na kinabibilangan ng mga sumusunod:

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
an appropriation language for the bill

Ano ang grounds para sa divorce sa ilalim ng panukalang-batas?

Paliwanag ni Lagman na ang mga grounds para sa legal separation, annulment of marriage, at nullification of marriage na naaayon sa psychological incapacity sa ilalim ng Family Code ay kasama sa mga grounds para sa absolute divorce.

Samantala, narito ang ilan pang grounds sa divorce:

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

BASAHIN: 6 Steps in SSS Data Correction: Mas Mabilis, Mas Pinadali

Ads

Wednesday, July 21, 2021

Proseso ng annulment sa Pilipinas, isinusulong na mapabilis

MANILA, Philippines — PILIPINAS na lamang ang nag-iisang bansa sa buong mundo na walang divorce. Maliban dito, nananatili namang mahirap, magastos at matagal ang proseso ng kasalukuyang annulment proceedings sa bansa.

Dahil dito, isang panukalang batas ngayon ang inihain sa House of Representative na may layuning mapabilis ang dissolution at annulment of marriage sa pamamagitan ng paglabas ng proseso sa Office of the Solicitor General o OSG.

Sa ilalim ng House Bill 9774 o the Family Law Reform Act of 2021 na inihain noong Hulyo 5 sa Kongreso, nakasaad na ililipat sa Public Attorney's Office o PAO, Department of Social Welfare and Development o DSWD at sa Integrated Bar of the Philippines o IBP ang papel o role ng OSG sa mga family law cases.

ALAMIN: Walang internet pero may gustong malaman sa SSS? I-Text-SSS mo na yan! Paano? Alamin dito!

Ads

Ayon sa may akda ng panukalang batas na si Bohol Representative Kristine Alexie B. Tutor, na sakaling maging batas, ang lahat na kaso na may kaugnayan sa marriage annulment ay malilipat sa PAO at DSWD mula sa OSG.

Sa ilalim ng nabanggit na house bill, inaatasan ang DSWD na bumuo ng Family Relations Welfare Office na magsisilbing staff support sa PAO na siyang sasakop sa lahat na aspetong may kinalaman sa social services ng kaso.

Bubuo naman ang PAO ng Special Branch ng Family Law na hahawak, tututok at tatalakay sa mga kasong may kaugnayan sa annulment.

ALAMIN: Paano magparehistro para makaboto sa halalan?

Paliwanag ni Tutor sa ilalim ng panukalang batas, maaaring ma-desisyunan sa loob ng isang taon ang pagpapawalang-bisa sa kasal sa pamamagitan ng annulment.

“The bill sets a timeline of up to 360 working days for the hearing and resolution of annulment and other Family Law cases: 180 days at the Family Court and 180 days on appeal,”paliwanag ni Tutor sa isang news release.

“It also sets fifteen days for the religious authorities, the office of the civil registrar, and the Philippine Statistics Authority to record the annulment or dissolution of marriage in the official government records.” dagdag pa ng mambabatas.

ALAMIN: Philhealth, pinalawak ang outpatient dialysis sa 144 sessions

Ads

Tuesday, August 13, 2019

Karamihan sa mga Pinoy at OFWs, Suportado Umano ang Divorce Law sa 'Pinas!

After making series of consultations in and outside the country, Senator Pia Cayetano confirms that majority of Overseas Filipino Workers (OFWs) supports Divorce Law in the Philippines.

The country is one of the very few countries worldwide where divorce is not yet passed. According to Cayetano, they visit Malaysia, Hong Kong, and Japan to know the sentiments of OFWs regarding divorce and the supports or majority for divorce is very clear. The lady senator said that even in her social media, people are always asking about the update of divorce law.

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

Ads

Cayetano explained that people have different stories on why they want to move on from an unhappy and failed marriage. And because some OFW women do not have the option to file a divorce, Cayetano said that they feel they are ‘legally and morally’ bound to their men.

Several bills filed in the Senate have revived debates on whether or not it's time for the Philippines to pass a divorce law.

Ads

Saturday, August 11, 2018

Can You Remove Your Husband From Beneficiaries And Stop Using His Surname?

Can a married woman who has been separated, divorced or had an annulment from her husband, revert to using her maiden name?
In the Philippines, there are no existing laws that support divorce although there are a number of the proposed bill regarding the matter. The only available option for a married couple who wanted to live apart is to file an annulment or through a legal separation but annulment is too costly and it will take time and legal separation doesn't provide provisions that a divorce do. Somehow, some marriages don't work well and ended up in split-ups.

In case a woman wanted to change her name from her married name to her maiden name for renewing her Philippine passport the Supreme Court clarified that a married woman who has been issued a Philippine passport under her husband’s surname is not allowed to change her family name at will for as long as her marriage still subsists. This is to prevent confusion and inconsistency in the records of passport holders. Department of Foreign Affairs (DFA) will only allow it if the woman can present a final court decree nullifying the marriage.

Ads

Pampanga Rep. Gloria Macapagal Arroyo proposed a bill that will entitle women to revert to her surname without the court order. House Bill No. 6082 or the Reversion to Maiden Name Act seeks to bypass expensive court process in terms of surname revision. With this bill, a woman can revert to her maiden surname on the following circumstances:

(1) after her marriage has been judicially declared null and void or after its annulment;

(2) After a judicial declaration of legal separation, provided that there has been no manifestation of reconciliation filed with the court;

(3) After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses;

(4) If the spouses stipulated in their marriage settlement that a regime of separation of properties shall govern their property relations;

(5) If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years;

(6) If the petitioner’s husband may be presumed dead.

Should this bill be a law, the woman will no longer need to pay P150,000 to P200,000 for annulment. However, she needs at least P50,000 to change the identification cards including Social Security System ID, telecommunications bills, postal ID etc.

A woman can use her maiden name in her passport even though she is married, provided that she had not yet used her married name in any previous Philippine passport.

If she is currently using her husband’s surname in her passport she is not allowed to revert to her maiden name unless her marriage is annulled or she is already a widow.

Can a woman remove her erring husband from her beneficiaries list?

In annulment of marriage or in a legal separation of spouses, the innocent spouse may revoke the designation of the other spouse as beneficiary in any insurance policy, even if such designation was stipulated as irrevocable. This is in accordance with the provisions of Article 43 of the Family Code of the Philippines.