Absolute divorce bill gets final House nod | ABS-CBN
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Absolute divorce bill gets final House nod
Absolute divorce bill gets final House nod
MANILA -- The Absolute Divorce Bill got the final nod of the House of Representatives on Wednesday.
MANILA -- The Absolute Divorce Bill got the final nod of the House of Representatives on Wednesday.
The lower chamber approved House Bill 9349 on third and final reading, with 126 yes votes, 109 no votes, and 20 abstentions.
The lower chamber approved House Bill 9349 on third and final reading, with 126 yes votes, 109 no votes, and 20 abstentions.
Under the measure, the grounds for absolute divorce include the same grounds for legal separation and annulment. But divorced spouses are given the right to remarry, unlike in legal separation.
Under the measure, the grounds for absolute divorce include the same grounds for legal separation and annulment. But divorced spouses are given the right to remarry, unlike in legal separation.
The divorce process is expected to be faster and cheaper, unlike annulment.
The divorce process is expected to be faster and cheaper, unlike annulment.
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Grounds for divorce include physical violence or grossly abusive conduct directed against the petitioner or a child of the petitioner, drug addiction, habitual alcoholism, or chronic gambling, homosexuality, marital infidelity, and abandonment without justifiable cause for more than one year.
Grounds for divorce include physical violence or grossly abusive conduct directed against the petitioner or a child of the petitioner, drug addiction, habitual alcoholism, or chronic gambling, homosexuality, marital infidelity, and abandonment without justifiable cause for more than one year.
The bill also allows spouses, who have been separated for at least 5 years to file for divorce. Other grounds include irreconcilable differences, other forms of domestic abuse, and when one of the spouses undergoes sex reassignment surgery or transition from one sex to another.
The bill also allows spouses, who have been separated for at least 5 years to file for divorce. Other grounds include irreconcilable differences, other forms of domestic abuse, and when one of the spouses undergoes sex reassignment surgery or transition from one sex to another.
Once the measure is enacted, petition for absolute divorce shall be filed with the proper Family Court within 10 years from the occurrence or discovery of the cause for divorce or from the effectivity of the law, whichever comes later.
Once the measure is enacted, petition for absolute divorce shall be filed with the proper Family Court within 10 years from the occurrence or discovery of the cause for divorce or from the effectivity of the law, whichever comes later.
The Family Court shall waive the payment of filing fees and other costs of litigation for court-assisted petitioners, and shall appoint a counsel de oficio for them. In petitions with no court-assisted petitioner, the bill provides that attorney’s fees, inclusive of acceptance, appearance and success fees, shall not exceed P50,000 for the entire proceedings. But petitioner and counsel can mutually agree on a higher rate of attorney’s fees.
The Family Court shall waive the payment of filing fees and other costs of litigation for court-assisted petitioners, and shall appoint a counsel de oficio for them. In petitions with no court-assisted petitioner, the bill provides that attorney’s fees, inclusive of acceptance, appearance and success fees, shall not exceed P50,000 for the entire proceedings. But petitioner and counsel can mutually agree on a higher rate of attorney’s fees.
In 2018, a similar divorce measure was also passed on third reading at the House of Representatives during the 17th Congress, but it failed to gain traction in the Senate.
In 2018, a similar divorce measure was also passed on third reading at the House of Representatives during the 17th Congress, but it failed to gain traction in the Senate.
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