Reinstating divorce entails going against marriage’s supposed permanency and arguing that it will not only benefit families in the long run but can also stand alongside existing Catholic beliefs

 

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House Bill (HB) No. 9348, or the proposed Absolute Divorce Act, was approved on its second reading last Wednesday at the House of Representatives.

The proposed bill seeks to simplify the causes and the process of severing marital bonds. Divorce, if enacted into law, becomes another option among those already legalized under the Family Code—canonical dissolution, annulment, and legal separation. 

The first two presuppose that the union was invalid and void to begin with (which makes it harder to prove and longer to process), while the latter only allows couples to live apart without severing marital bonds. 

Currently, the proposed act is only waiting to be put on the Senate agenda.

READ: House approves divorce bill on 2nd reading

The Philippines (excluding the Vatican) is the only country in the world without divorce. Reinstating this means more than just having discussions between lawmakers and creating legal safeguards. It entails going against marriage’s supposed permanency and arguing that it will not only benefit families in the long run but can also stand alongside existing Catholic beliefs.

Fun fact: Divorce existed in the Philippines during the American occupation under Act. No. 2710, but was later removed with the introduction of Republic Act No. 386 (Civil Code) and Executive Order No. 209 (Family Code), permitting only legal separation.

To shed further light on the nature of the proposed Absolute Divorce Act, we enlisted the help of family law expert and Senior Partner at Calleja Law Office Atty. Connie Aquino to discuss who is protected and jeopardized under HB 9348, and what differentiates it from existing divorce laws.

READ: 7 tips from a family law expert: Connie Aquino on legal separation and women’s rights

Who does the divorce bill protect and who does it jeopardize?

It protects women with the intention to address and navigate through the challenges they face in marriage. In effect, the children are also protected from growing up in a household filled with animosity and abuses, both physical and emotional.

Conservative groups are mainly the oppositors. The Philippines has a strong Roman Catholic background, so the religious belief known to most is a big factor in deciding whether or not the divorce bill is passed.

READ: Filipinos demand right to divorce: ‘We want to break free’

Who benefits the most from a divorce? Who suffers the most?

Women and their children benefit from the divorce. It was created to “save children from the pain, stress, and agony brought about by their parents’ marital clashes or irreconcilable differences, as well as grant the divorced spouses the right to marry again for another chance at marital bliss,” as indicated in the proposed bill.

Should the divorce bill fail to pass, thousands of women trapped in marriages which are at best loveless and at worst dangerous would be the ones who would suffer the most. These women would continue to feel that there is no justice and are forced to accept their lives as it is, without any recourse to help themselves, even for the sake of their children.

READ: Hontiveros welcomes divorce bill’s progress at House: ‘Sana all!’

 

It was created to save children from the pain, stress, and agony brought about by their parents’ marital clashes or irreconcilable differences, as well as grant the divorced spouses the right to marry again for another chance at marital bliss.

 

What differentiates our proposed bill from other divorce laws internationally?

Divorce law in the US is a matter of state law. Some states allow divorce and in most instances, these allow “no-fault divorce” or dissolution of a marriage without showing wrongdoing by either party. In essence, the parties can choose to part ways without a need to show proof of violence or abuse.

As opposed to House Bill No. 9348, there are grounds which are needed to be alleged and proved before the divorce is granted:

1. Legal separation under Article 55 of the Family Code of the Philippines
2. Annulment of marriage under Article 45 of the Family Code of the Philippines
3. Separation of the spouses for at least five years at the time the petition for absolute divorce is filed, and reconciliation is highly improbable
4. Psychological incapacity as provided in Article 36 of the Family Code of the Philippines
5. Irreconcilable differences
6. Domestic or marital abuse to include acts under Republic Act 9262 or the Violence Against Women and Their Children Act of 2004

 

The proposed divorce law simplifies the causes of severing marital bonds, while the process is still governed by the judicial process

 

Why is divorce necessary when there are other legal measures available such as annulment and legal separation?

Divorce terminates a valid marriage while annulment presupposes that the marriage was never valid in the first place.

Divorce lists for a wider range of grounds that are already sanctioned by law. The proposed divorce law simplifies the causes of severing marital bonds, while the process is still governed by the judicial process—it gives the party an option on how to deal with the matter of marriage.