00:00At the moment, the topic of divorce is a controversial issue, while some are in favor of its legalization in the country.
00:10There are others who are still not convinced and not compensated for its implementation due to its potential effects on society.
00:20Oh Patrick, I was just a kid when the Filipinos were discussing and debating this.
00:25If that's the case, let's welcome Atty. Alice Rizos Vidal, a legal practitioner who will guide us in discussing divorce.
00:34Welcome back, Atty. Alice, to Rise and Shine in the Philippines.
00:37Good morning, Audrey, good morning, Patrick, and good morning to all the viewers.
00:42Atty., first of all, what is divorce?
00:47Divorce, especially in the newly proposed divorce bill, is the termination or termination of a marriage.
00:56What is said in the newly proposed divorce bill is the termination of marriage.
01:03They have been separated for almost five years and they want to terminate their marriage.
01:11This is where the newly proposed divorce bill comes in.
01:15Well, even though we are discussing this again and again in our morning show,
01:20our fellow Filipinos need to be clear about this.
01:23This is the question, what is the difference between divorce and annulment?
01:30According to the newly proposed divorce bill, divorce is the termination of a valid marriage.
01:39Annulment is the termination of a marriage that was not valid from the start.
01:49This means that when they got married, there was no consent, there was fear, there was deception.
01:56That is annulment.
01:58So, what they are saying is the declaration of a void marriage.
02:04They are declaring a marriage that is not valid.
02:09That is why it is called annulment.
02:12Can you give an example, Atty. Alice, so that our audience can understand?
02:18For example, I have a divorce here in the Philippines.
02:21What is the process when I file for a divorce and file for annulment?
02:27What is the difference between filing for annulment and filing for annulment?
02:31For filing for annulment, it is almost the same.
02:34But the newly proposed divorce bill has an express way to file it.
02:41It means that if you have been separated for 5 years, you can file for annulment directly.
02:46There is no contest.
02:48It means that you will go to court, but your husband will not argue with you anymore.
02:55There is no non-contest for divorce.
02:59It is easier.
03:00Yes, it is easier.
03:02But for annulment, you need to go to court, you need to file a case,
03:07your husband can answer, you can argue,
03:11for 5 years, 10 years, it is very long because you can appeal to the Supreme Court.
03:19But for the divorce bill, there is no appeal.
03:22If you have been separated for 5 years, the marriage is over.
03:26We still have the annulment, right?
03:30Is it true that you mentioned that it takes 10 years?
03:32Is the process that long?
03:34It can be up to 10 years.
03:35For example, the judge said that you will file for annulment,
03:38you will appeal to the Court of Appeals,
03:40you will go to the Supreme Court
03:42because the Office of the Solicitor General appeals for annulment.
03:48That is why it takes a long time.
03:50For divorce and annulment, is there a difference in the separation of husband and wife?
03:55Almost the same because there is only one law about separation.
03:59So whatever the existing law, that will still happen even in annulment and divorce.
04:07Atty., what is this called as alimony?
04:11Alimony means it is like a support.
04:15For example, if you have a divorce,
04:18and your husband has a big income,
04:22you will give support to your husband and your children
04:26so that they can study and live.
04:29That is alimony.
04:31This is the question of our countrymen who are planning to get married
04:38or want to get used to divorce in our country.
04:42If a marriage or divorce or annulment has ended,
04:47can they get married again, Atty.?
04:49Yes, they can.
04:50If it has been finalized,
04:52anyone who has a divorce or annulment can get married again.
04:58That is the difference with legal separation
05:02that you cannot get married if you have filed for legal separation
05:06because in legal separation,
05:08you can only separate the board and lodging.
05:11If I filed for legal separation because you abandoned me for more than one year,
05:18I can file for legal separation so that my husband will not be able to return home.
05:24We will be separated from the board and lodging.
05:27But there is also support.
05:29You can split the property, but you cannot get married.
05:35Atty., what about filing for annulment?
05:39What should be the preparations?
05:41Prepare first if you don't have money.
05:44Save first and look at the evidence first.
05:49What kind of grounds do you want?
05:52Because in annulment, the grounds are,
05:54for example, you are below 18 years of age.
05:59Annulment usually means void or voidable marriage.
06:03It means that you lied to me.
06:05You said that you were pregnant, but it turned out that you were not pregnant.
06:10And you were married.
06:11You can file for annulment.
06:13You lied to me.
06:14It turns out that you are already convicted of being in prison for below 16 years or more.
06:25I can also file for annulment.
06:28Prepare the evidence to ensure that your annulment is guaranteed.
06:33All right.
06:34Patrick, we have a lot of countrymen who are moving abroad to get married.
06:43For example, a married man is from Banyaga and they are not getting along well.
06:49Can a divorce or annulment be filed here in the Philippines if they are married abroad?
06:57I can say that a divorce or annulment should be filed by a foreigner because we don't have a divorce law.
07:06That's why a foreigner will file a divorce.
07:09And that divorce will be brought by a Filipino to the court and you will be declared that you are already divorced.
07:20But under the divorce law, you will just present your new divorce.
07:25It's very easy.
07:26My foreign partner divorced me.
07:29I will just give it to him.
07:30He divorced me.
07:31We are already divorced.
07:33That's what's in the new divorce bill.
07:37Our OFWs can really help because there are a lot of them who are already divorced by their foreign partners.
07:48But there's nothing they can do.
07:50They still need to file for annulment.
07:52So now, Audrey and Ernie, it's still too early to talk about divorce.
07:57But in the current situation, do you think this law will be finalized?
08:02For me, I hope there will be a law.
08:04That's why we need to go to our senators and ask them to pass the law.
08:11Because more than half of Filipinos, OFWs, and many others are already suffering and need a divorce.
08:22The Philippines and the Vatican are the only countries that don't have a divorce law.
08:28But the question here, Atty. Hallease, the divorce bill has been discussed for a long time.
08:33Are the Filipinos ready for this?
08:36I think they are ready because it's been a long time.
08:42And this divorce bill is not new.
08:45Our Muslim brothers and sisters have a divorce.
08:48Why don't we?
08:49It's like Catholics don't have a divorce.
08:52But our Muslim brothers and sisters have a divorce bill.
08:57They can get a divorce.
08:59So I think if we are ready, we are ready.
09:05I have an additional question about the alimony.
09:11Because usually what I read in Western countries, there is a percentage of what a woman can get in support.
09:20Here in the Philippines, is there a standard rate or percentage that can be obtained in alimony when a husband and wife are separated?
09:27There is no standard.
09:29But under the law in support, there should be at least 10% left for the husband.
09:36Because he cannot give all of his salary in support.
09:41Because how can he work?
09:44Meaning, it depends on the income.
09:50We still have a lot to learn about divorce.
09:53Before we get a divorce, have you been married?
09:56Not yet.
09:57We need to understand that.
09:59But Audrey, of course, when you get into a relationship,
10:03you should know if you are ready for marriage.
10:07You should weigh it carefully.
10:10Of course, Patrick, the Catholic Church will still be against this.
10:14Because we know the stand of our Church.
10:18Again, thank you very much Atty. Alice Rizos Vidal for guiding us when it comes to divorce and other legal issues.
10:29Thank you very much Atty. Alice.
10:31Thank you.
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