Divorce In The Philippines Soon? House Backs Bill In Second Reading

Divorce In The Philippines Soon? House Backs Bill In Second Reading

The House of Representatives has approved on second reading a bill that allows absolute divorce in the Philippines.

House approves Divorce Bill in Second Reading

Albay 1st District Representative Edcel Lagman sponsored House Bill No. 9348, or the Absolute Divorce Act. On May 15, he explained that there should be valid grounds to petition for divorce and that divorce proceedings will undergo thorough judicial scrutiny. "If there are no valid grounds, no divorce will be decreed," he said in a report by GMA News.

Lagman noted that the bill advocates for women who, based on data, fall victim to failed and toxic marriages where they suffer from marital abuse, infidelity, and abandonment. If enacted into law, divorce becomes the fourth mode of dissolving marriages under the Family Code; the first three being canonical dissolution, annulment, and legal separation. Lagman says it will be a cheaper and faster way that would benefit women and, in some cases, their children.

Under the bill, a judge is mandated to decide the petition for divorce within one year after the expiration of the 60-day cooling-off period after spouses file the petition, he explained.

Grounds for Divorce under HB 9348

Under House Bill No. 9348, the following are considered valid grounds for divorce:

• Physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
• Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
• Attempt by the respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution.
• Final judgment sentencing the respondent to imprisonment of more than 6 years.
• Drug addiction, habitual alcoholism, or chronic gambling.
• Homosexuality of the respondent.
• Contracting by the respondent of a subsequent bigamous marriage.
• Marital infidelity or perversion or having a child with another person other than one's spouse during the marriage.
• Attempt by the respondent against the life of the petitioner, a common child, or a child of the petitioner.
• Abandonment of petitioner by respondent without justifiable cause for more than one year.

Source: Philippine News Agency

Divorce bill supported by Senate, partylist, and parents

On May 16, Senator Risa Hontiveros welcomed the news and vowed to continue to work in the Senate for the passage of the bill despite the challenges. "Panahon na [para] bigyan ng second chance sa pag-ibig at buhay ang mga Pilipinong babae, lalaki, bata, at pamilyang nangangailangan nito," Hontiveros told media outlets in an Inquirer report.

Meanwhile, Gabriela Women's Party Representative Arlene Brosas said divorce will not necessarily lead to the termination of marriages. She explained in a Manila Times report, "Divorce as a remedy need not be for the purpose of remarriage; it may be resorted to by individuals to achieve peace of mind and facilitate their pursuit of full human development."

In September 2022, Senator Robinhood Padilla filed Senate Bill 237, or the Divorce Act of the Philippines. Upon the finality of the divorce, the marriage is dissolved, allowing the individuals to marry again, and the children of the parties shall be considered legitimate. The partition of properties, as well as the custody of minor children, will be decided by the court based on the Family Code.

Aside from Vatican City, the Philippines is the only country in the world where divorce is not allowed.

Based on a Smart Parenting's survey in 2019, 61% of the 4,000 parent members who participated voted yes to divorce. In a repeat survey in 2022, 79% said they are in favor. As one mom said, "Kung masaya ang pamilya nyo, masaya ang pagsasama niyong mag-asawa, eh 'di wala kang dapat ikatakot kung maging batas ito. Kung hindi ito applicable sayo, or against sa beliefs mo, okay lang yun. Pero wag mo sanang ipilit na ipagkait ito sa mga nangangailangang makawala, makalaya, at makapag-bagong buhay."

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