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Showing posts with label Family Code. Show all posts
Showing posts with label Family Code. Show all posts

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. 

©2019 THOUGHTSKOTO

Wednesday, April 19, 2017

Physical Violence as Ground for Legal Separation

Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines.  Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.”  Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.”   “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation.  But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.



Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines.

Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.”
Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines.  Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.”  Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.”   “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation.  But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.

Sen. Poe said As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.

 The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added.

According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. 
Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines.  Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.”  Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.”   “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation.  But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.

Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation.

But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. 


Going back to the existing law, here are the criteria for filing legal separation:
  1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
  2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
  3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
  4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
  5. Drug addiction or habitual alcoholism of the respondent;
  6. Lesbianism or homosexuality of the respondent;
  7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
  8. Sexual infidelity or perversion;
  9. Attempt by the respondent against the life of the petitioner; or
  10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

Senator Poe says her proposal applies to both spouses, regardless of gender. She is merely filling a "gap" in the existing law.


source: MB, Pressreader, ChanRobles


©2017 THOUGHTSKOTO

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