Irreconcilable Differences: Not a Ground for Declaration of Nullity of Marriage in the Philippines

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There is a spike in divorce applications in other countries as a result of the COVID-19 lockdown, reports say. The apparent reasons cited include clash of personalities, arguments and irreconcilable differences that resulted after weeks of being forced close together under one roof. The Philippines is also on lockdown, but the similarity ends there — divorce is not allowed (but may be recognized) in this jurisdiction and the ground of irreconcilable differences is not expressly included in the grounds for legal separation, annulment, or declaration of nullity.

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Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse

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Divorce is not allowed under Philippine laws, a prohibition which attaches, based on the nationality principle, to Filipinos wherever they may go anywhere in the world. Divorce bills have been filed in Congress through the years, but there seems to be no earnest interest in tackling it. Nevertheless, Philippine laws do recognize the fact of divorce. 

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P5,000-P8,000 Wage Subsidy under the Small Business Wage Subsidy (SBWS) Program

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The government has rolled out another subsidy program — between P5,000 to P8,000 (based on the region) — per month per eligible employee. The Department of Finance (DOF) recently announced Small Business Wage Subsidy (SBWS) program. The SBWS measure will be rolled out through the Social Security System (SSS), which will only be accepting applications from 16 April 2020 to 30 April 2020 [Note: Extended by the DOF to 8 May 2020, in the light of the extension of the ECQ to May 15. Important Update: Refund of SBWS benefits; See also Grievance Procedure for those eligible but not covered, and Non-Duplication of SBWS, CAMP and SAP.]

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Unregistered Cryptocurrency Investments: SEC Advises Public to be Wary

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The Securities and Exchange Commission (SEC) advised the public not to invest or stop investing in schemes or initial coin offerings and digital asset trading which are not compliant with the guidelines of the Bangko Sentral ng Pilipinas (BSP) and SEC. The SEC, through its Enforcement and Investor Protection Department, recently issued a number of advisories warning the public about the activities of certain entities, including the following:

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Psychological Incapacity: Basic Guidelines (Declaration of Nullity of Marriage in the Philippines)

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The Family Code does not define the term “psychological incapacity” (Article 36). This provision is deliberately broad. The Supreme Court noted in  the 1995 case of Santos that based on the deliberations of the committee on the Family Code Revision, the provision is designed “to allow some resiliency in its application”. In Santos, the Supreme Court first declared that psychological incapacity is characterized by the following:

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Expert Witnesses in Psychological Incapacity Cases (Article 36, Family Code of the Philippines)

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Successfully prosecuting a case for declaration of nullity of marriage based on the ground of psychological incapacity (Article 36, Family Code) is not easy. Among the requirements, set out in the Molina case, is that the root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

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Marital Rape in the Philippines

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The issue of consent, or the lack of it, is essential in rape cases. In marriage, sexual community is a mutual right and obligation between husband and wife. Sexual intercourse is theoretically consensual, obligatory even, between husband and wife. Copulation is presumed between cohabiting husband and wife unless the contrary is proved. This is the argument of the accused in People vs. Jumawan (G.R. No. 187495, 21 April 2014). The extensive discussion on marital rape in this case warrants a near-verbatim reproduction of the Supreme Court’s decision. 

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Court-Supervised Rehabilitation in the Philippines: Financial Rehabilitation and Insolvency Act (FRIA)

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Rehabilitation, under the Financial Rehabilitation and Insolvency Act (FRIA) of 2010, refers to the restoration of the debtor to a condition of successful operation and solvency, if it is shown that its continuance of operation is economically feasible and its creditors can recover by way of the present value of payments projected in the plan, more if the debtor continues as a going concern than if it is immediately liquidated. The procedure and requirements are discussed below.

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Contactless Delivery and Additional Essential Business Activities Allowed During ECQ

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Running out of shampoo and conditioner? Or pet food and hardware items? Trust the Department of Trade and Industry (DTI)  to come to your rescue. With the extension of the Enhanced Community Quarantine (ECQ) in Luzon (update: new quarantine classifications from 1 to 15 June 2020), the DTI found the need to expand the list of allowed essential business activities to ensure their availability, subject to compliance with existing social distancing, safety and health, and infection control measures. This means that the following must be allowed through checkpoints, nationwide, per DTI Memorandum Circular No. 20-16.

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