Nithyakalyani Narayanan. V
In a historic move, the House of Representatives in the Philippines has approved House Bill 9349, also known as the “Absolute Divorce Act”, on its final reading. This development marks a significant step towards legalizing divorce in a country where it has long been prohibited, aligning the Philippines with global norms and addressing contemporary social issues.
On May 22, the House of Representatives voted on the bill, resulting in 131 affirmative votes, 109 negative votes and 20 abstentions. The passage of this bill has sparked mixed reactions across the nation. While many celebrated the potential legalization of divorce, others, particularly within the Catholic community, voiced strong opposition.
Leyte representative Richard Gomez, one of the bill’s opponents, argued that divorce conflicts with Catholic values, which hold marriage as a sacred and indissoluble union. “Our laws must reflect the religious customs of the majority of the Filipino people,” Gomez stated, highlighting that approximately 78% of Filipinos are Catholic.
Conversely, Senator Risa Hontiveros, author of Senate Bill 147 or the Dissolution of Marriage Act, views divorce as a necessary measure to provide individuals in unsafe or unhappy marriages a chance at a better life. She believes that legalizing divorce would offer a crucial escape for those trapped in irreparable marriages.
Rep. Edcel Lagman of Albay, the principal author of Absolute Divorce Bill, expressed optimism that the bill would soon become law. He emphasized that the bill seeks to offer a legal remedy for broken marriages, aiming to reduce the emotional strain on children and allow individuals to remarry.
Historical Context and Current Legislation
The concept of divorce is not new to the Philippines. During the American colonial period, the country had Act No. 2710, which allowed absolute divorce. However, this law was repealed during the Japanese occupation in 1943. The current legal framework, established by Republic Act No. 386 or the Civil Code of 1950, only permits legal separation, not absolute divorce.
The Absolute Divorce Bill, recently passed by Congress, now awaits Senate approval. The bill outlines comprehensive guidelines for divorce, including grounds for filing, procedures, and implications for custody, property division, and support. It also incorporates provisions for reconciliation methods and community-based initiatives supervised by the Department of Social Welfare and Development (DSWD).
Grounds for Divorce
The grounds for absolute divorce under HB 9349 are similar to those for legal separation under the Family Code of the Philippines. They include:
- Physical violence or grossly abusive conduct
- Moral pressure to change religious or political affiliation
- Attempts to induce or corrupt into prostitution
- Drug addiction, habitual alcoholism, or chronic gambling
- Homosexuality of the respondent
- Marital infidelity or perversion
- Abandonment for more than one year
- Imprisonment for over six years
- Bigamous marriage
- Attempts on the life of the petitioner or their child
Divorce would allow former partners to remarry after a legal process and court decree. The bill aims to streamline this process to take between six to twelve months, depending on the case. However, obtaining a divorce will require meeting specific legal criteria and a thorough court review.
The approval of the Absolute Divorce Bill by the House of Representatives represents a monumental shift in the Philippines’ approach to marriage and family law. As the bill progresses to the Senate, the nation awaits a potential new era where divorce could provide a legal avenue for those in untenable marriages, balancing modern societal needs with deep-seated religious traditions.