Philippines Approves Historic Absolute Divorce Bill

A Landmark Shift Towards Modern Marriage Laws

The House of Representatives of the Philippines has marked a historic moment by approving the Absolute Divorce Bill, House Bill (HB) 9349, on its third and final reading. With 131 affirmative votes, 109 negative votes, and 20 abstentions, the bill's passage signifies a seismic shift in societal attitudes towards marriage and relationships in the country. This article explores the implications of this legislative milestone and what it means for the future of marriage and divorce in the Philippines.

The Significance of the Third Reading Passage

Albay Representative Edcel Lagman, the principal author of the bill, heralded the passage as a transformative development. According to Lagman, the legalization of divorce addresses the urgent need to provide solutions for individuals ensnared in "unhappy and irreparable marriages." The Philippines, until now, has been one of the only two places in the world, alongside the Vatican, where divorce remained illegal. Lagman noted that this move signals "imminent liberation" for many Filipinos, especially wives who are suffering in toxic and abusive marriages.

Defining Absolute Divorce

The proposed Absolute Divorce Act does not condone "no-fault, quickie drive-thru, email, or notarial divorces." Instead, it establishes strict and reasonable grounds for divorce, ensuring petitions undergo judicial scrutiny to prevent abuse and collusion. The bill lists several grounds for absolute divorce, including psychological incapacity, irreconcilable differences, domestic or marital abuse, and significant changes such as sex reassignment surgery. Additionally, it aligns with the grounds for legal separation and annulment of marriage under the Family Code of the Philippines.

Grounds for Absolute Divorce

The bill stipulates specific conditions under which a marriage can be dissolved, such as:

• Psychological incapacity
• Irreconcilable differences
• Domestic or marital abuse
• Sex reassignment surgery or gender transition
• Separation of spouses for at least five years

Furthermore, grounds for legal separation under the Family Code that are recognized as valid for absolute divorce include:

• Physical violence or grossly abusive conduct
• Moral pressure to change religious or political affiliations
• Attempts to induce the petitioner or their children into prostitution
• Final judgments of imprisonment exceeding six years
• Drug addiction, habitual alcoholism, or chronic gambling
• Homosexuality of the respondent
• Contracting a bigamous marriage
• Marital infidelity or having a child with another person
• Attempts against the life of the petitioner or their children
• Abandonment for more than a year without justifiable cause

Judicial Process and Protections

A key feature of the bill is the requirement for a judicial process, ensuring that every divorce petition undergoes thorough examination. Petitioners can file for absolute divorce within ten years from the occurrence or discovery of the cause for divorce. During the mandatory 60-day cooling-off period post-filing, the family court is obligated to make all efforts to reconcile the parties, except in cases involving acts of violence or threats against the petitioner or children. If reconciliation is not achieved within this period, the court will proceed with the trial and is required to make a decision within one year.

Post-Divorce Provisions

Upon the issuance of a divorce decree, the marriage is judicially dissolved, restoring the spouses to their single status with the right to remarry. The decree will also address the care, custody, and support of children, protection of their legitime, and the termination and liquidation of the conjugal partnership or absolute community property. Additionally, alimony provisions for the offended spouse are included.

A Landmark Decision

The passage of the Absolute Divorce Bill by the House of Representatives is a landmark decision for the Philippines. It signifies not only a shift in legal norms but also a profound change in societal attitudes towards marriage and divorce. By providing a legal avenue for individuals trapped in unresolvable and harmful marriages, the bill seeks to offer a dignified and humane solution to marital issues. As the bill progresses to the Senate and, potentially, to the President for final approval, it stands as a testament to the evolving landscape of family law in the Philippines, aiming to safeguard the well-being and rights of its citizens.

Source: Philippine News Agency, https://www.pna.gov.ph/ [online], Available from: https://www.pna.gov.ph/. Filane Mikee Cervantes, House approves absolute divorce bill on final reading [online], Available from: https://www.pna.gov.ph/articles/1225339 [Accessed 23 May 2024].

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