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.
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.
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Aside from Cayetano, Senador Risa Hontiveros also filed another version of the bill. For Hontiveros, divorce will be able to grant couples a second chance at love and happiness after a toxic marriage.
On the other hand, some senators are known to opposed divorce in the Philippines. Instead of passing a divorce bill, Senators Francis Escudero, Joel Villanueva, and Sherwin Gatchalian said the existing process of annulment under the Civil Code should be made more affordable and accessible to Filipinos. This article is filed under divorce law, divorce bill, legal separation, Family Code of the Philippines, and annulment.
Many people said love is sweeter the second time around. This is not only applicable to boyfriend/girlfriend relationship but also with people who are victims of broken marriages and want to start a new and make it right.
There are many couples nowadays who want to end their union legally but don't know where to start.
The following are a common question on annulment or nullity or marriage prepared by Atty. Anna Fiona Bojos and Atty. Magdelena Lepiten of Lepiten and Bojos Law Office, with an office address of 21 F Don Pedro Rodriguez Street, Cebu City with contact number (032) 410 6157. For further inquiries, please email them at mlepiten@gmail.com and fionahbojos@gmail.com. Read: 15 Steps and Procedure for OFWs to File Annulment in the Philippines
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Frequently asked questions (FAQ) on Annulment/Nullity
1. What is annulment or nullity of marriage on the ground of psychological incapacity?
What we usually call annulment refers to “nullity of marriage on the ground of psychological incapacity.” But leave it to the lawyer to differentiate between annulment and nullity of marriage.
Most petitions for nullity of marriage are based on the psychological incapacity of the other spouse. Once you get a final court decision declaring the marriage is void, you can remarry again, subject to the annotation of the decision in your marriage certificate. The basis for this petition is Art. 36 of the Family Code which states that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” The marriage is void or did not even legally exist in the first place.
Hence, for the purposes of remarriage, a void marriage must be declared and there must be a Judicial Declaration of Absolute Nullity of a prior subsisting marriage before contracting another. Otherwise, you commit bigamy.
This psychological incapacity is not necessarily insanity but it means that the other spouse has certain dysfunction, or psychological trait or makeup which prevents the person to comply the obligations of marriage.
Some signs of psychological incapacity include alcoholism, drug addiction, infidelity, domestic violence, gambling, habitual lying, abandonment, extreme selfishness, laziness, and others.
It is so encompassing and maybe, general that gives lawyers and litigants a leeway on how to prove the case. But there are already various Supreme Cases that will guide the practicing lawyer and litigants of whether their case will fall in this category.
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3. Can I file a petition for nullity of marriage even while I am abroad?
Yes, you can file a petition for nullity of marriage even while you are abroad. What is required is for you to have the verification of your petition and your affidavit notarized before the nearest Philippine Embassy or Consulate in the country where you are residing or working.
4.Can I file the petition for nullity of marriage without the signature/consent of the other spouse?
Yes, you do not need to get the consent or the signature of the other party. This is not divorce proceedings where parties can both sign and file for a no-contest divorce.
As a rule, parties are not allowed to come to an agreement about the filing of the petition. That is why the Office of the Solicitor General, through the prosecutor (fiscal), conducts an investigation for collusion, in order to determine whether or not the parties have colluded with each other in filing the petition or are involved in fabricating evidence.
5. What do I need to prepare?
Please prepare your funds for the filing of the petition, marriage certificate if available, the birth certificate of children (if any) and the titles or tax declarations of the property (if applicable.) Provide a brief background about your story so that the lawyer can prepare your petition.
6. What is the estimated cost and expense for filing this petition?
The total estimated cost for a case filed in Cebu City and that case is uncontested is around P150,000 to P200,000. The cost will vary depending on the circumstances of the case, delays, if there are properties, other factors like the court, etc.
7. How long does it take for the proceedings to be completed?
Based on the cases we have handled in Cebu City, if it is an uncontested case, meaning the other party will not oppose your petition for nullity of marriage, it will take an average of a year and a half for a case to be finished.
This is because of the caseload of the courts, the availability of the prosecutor, judge, and court personnel, as well as the availability of the petitioner and the psychologist, have to be considered.
The time frame may vary for other places like Manila or Davao.
8. How many times do I need to be personally present at the proceedings?
You will need to personally appear at least three times.
The first will be before the city or provincial prosecutor during the investigation for collusion between the parties.
The second will be during the pre-trial stage. If you are working abroad and have executed a special power of attorney in favor of your lawyer authorizing him/her to appear in your behalf for the pre-trial, then you may not attend the pre-trial stage. This is usually allowed if the petitioner is working abroad.
The third time is when you will be presented before the court to give your testimony about your marriage and your relations with your spouse.
9. Is it true that if the parties have been separated for 7 years or more, the marriage is automatically annulled?
No, that is not true. There is no automatic dissolution of the marriage, you will have to file a petition in court for the nullity of the marriage.
10. What is annulment?
Annulment is when the marriage is valid from the very beginning but can be annulled on various grounds. This is the term commonly used by Filipino layman but it is not commonly used by Filipino lawyers because it is more difficult to prove and in most cases, the circumstance of the married person does not fall in this category. Art. 45, of the Family Code, provides the grounds for Annulment of Marriage.
Declaration of Nullity, on the other hand, is for a marriage that is null and void due to the absence of one or more of the essential or formal requisites of marriage as stated in Art. 2 and 3 of the Family Code. A Filipino can marry again once there is a final judgment from the court that declares the marriage as null and void from the very beginning. The case that will be filed is what we call “petition to declare the marriage as null and void” and commonly called as “petition for nullity of marriage”. SEE MORE:
Giving everything you have for the person you love is easy especially if a person is truly, deeply, and madly in love. Many promises have been made as if it will be forever. But in cases where couples separate, giving a portion of what you have is painful, insomuch more if the couple is married where sometimes, the court decision is needed just to split what they have - properties.
We often hear about the word "Conjugal Property". But what is that mean?
According to jlp-law.com, the Conjugal Partnership of Gains is explained as follows:
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Oftentimes referred to as the CPG, it is one of the property relations between the spouses, under which the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. In other words, the following are placed in a common fund:
The proceeds, products, fruits, and income from their separate properties; and
Those acquired by either or both spouses through their efforts or by chance.
The CPG It begins at the precise moment when the marriage is celebrated, exactly like in absolute community of property.
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To simplify it means the following:
Any property acquired before the husband got married shall be exclusively his.
Any property acquired before the wife got married shall be exclusively hers.
When the man and woman get married their exclusive properties shall be joined-together as part of one estate within the conjugal property and the "fruits" of those properties shall be shared between the husband and wife for the duration of their marriage.
Any property acquired during their marriage shall be considered part of the conjugal properties and shall be equally owned by the husband and wife.
Should the-the husband and wife file for legal separation, divorce or annulment, the exclusive property of the husband which he acquired before the marriage and all its’ fruits, shall be taken out of the conjugal property and will be again solely owned by him; and likewise the exclusive property of the wife and all its fruits, which she acquired before the marriage shall again be solely owned by her.
Also, in case of legal separation, divorce or annulment, and the spouses filed for separation of properties in court, the properties acquired by both or any of the spouses during their marriage shall be considered part of their conjugal property and shall be split in half between the husband and the wife.
In this scenario, should there be no Judicial Separation of Properties, when the married couple gets estranged, either of the spouses can sell, lease, mortgage, exchange or joint-venture their exclusive properties acquired before their marriage, even without the consent of the other spouse. If the property was acquired during the marriage, notarized written consent from both spouses is still needed to sell, mortgage, lease, exchange, donate or joint-venture the Conjugal Property.
This law was practice before the 1987 Family Code of the Philippines.
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But under the Executive Order 209 or the Family Code of the Philippines when it was enacted as law on July 6, 1987, by then President Corazon Aquino, Filipinos who were married after that date are now covered by this law.
The Family Code of the Philippines states that:
In the absence of a “Marriage Settlement” or what is commonly known as “Pre-nuptial agreement” that separates the properties of the spouses married after the enactment of the Family Code, their properties shall no longer be governed by the law on the conjugal property but by the regime of Absolute Community of Property.
To make it simple, The Absolute Community of Property is the following:
All properties acquired by the spouses during their marriage and all properties acquired during their marriage shall be considered part of one whole estate of the absolute community of property owned by both spouses.
All properties donated, inherited and/or properties given gratuitously to either of the spouses before their marriage shall also be considered as part of the absolute community of property once they get married, and shall be owned by both spouses.
In case of legal separation, divorce or annulment, the regime of absolute community of property shall not be affected and will remain owned by both spouses, unless the spouses filed for judicial separation of properties.
In case of legal separation, divorce or annulment, the regime of absolute community of property shall not be affected and will remain owned by both spouses, unless the spouses filed for judicial separation of properties.
In case the spouses filed Judicial Separation of Properties, the properties within the Absolute Community of Properties shall be split in half between the husband and the wife.
In this scenario, all properties acquired before and during the marriage of either and both spouses shall be considered as part of one whole estate of the Absolute Community of Property. Therefore, notarized written consent from both spouses shall be needed in order to sell, mortgage, lease, exchange, donate and joint-venture any real property that belongs to the absolute community of property.
Unless there is a Judicial Separation of Property, even if the spouses get estranged, separated, divorced or their marriage annulled, it will not affect the regime of absolute community of property, hence notarized written consent from both spouses shall be needed to sell, mortgage, lease, exchange, donate and/or joint-venture the said property. This article is a product of research, please consult a lawyer of your choice if you have more question regarding issues about conjugal properties.
