Tag Archives: divorce

Annulment in the Philippines: Questions and Answers (Part 6)

We have time to address some questions relating to annulment in the Philippines. Let’s consolidate the questions that are newly raised for easy reference. We shall update this post to include new issues we encounter (again, please search through the other posts or the comments to check if a question related to yours was already addressed). As always, please remember that nothing should here should be taken as legal advice (for clients, please click here). Read more »

Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition

We have four installments on this topic (refer to Part I, Part II, Part III, Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions. Read more »

Divorce in the Philippines and Judicial Recognition of Foreign Divorce Decree

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. Read more »

Without Divorce, Couples Resorting to Common-law Marriage (Live-in Relationships)

We’ve noted that “cohabitation has become more common than ever before. In fact, more than half of all couples are now living together before they walk down the aisle.” We also noted that by providing for the property relations between the partners in a live-in relationship (also referred to as “common-law marriage” and loosely as “cohabitation”), the law (both the old provisions of the Civil Code and the new Family Code) recognizes the existence of this arrangement in our society. Read more »

House Bill 1699: Proposing Divorce in the Philippines

(This is the Explanatory Note and full text of House Bill No. 1699, filed on 27 July 2010 by Representatives Luzviminda Ilagan and Emerenciana de Jesus, both of Gabriela Women’s Party. HB 1699 proposes a law introducing divorce in the Philippines. Discuss here, please click) Read more »

Allowing Absolute Divorce in the Philippines

Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among others. Unfortunately, these grounds are not enough to severe the marital bond through annulment. In lieu of divorce, married persons resort to annulment and according to the Office of the Solicitor General (OSG), there is an alarming increase in the number of annulment cases in the Philippines. The number of annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose to 7,138 (2006) and 7,753 (2007). Read more »