SENATOR Robin Padilla reiterated on Monday, July 11, 2022, that the divorce bill aims to protect, not destroy, Filipino families.
Padilla, whose pet bills include the divorce bill, said they are not against “forever,” noting that those who stayed in marriages, although the situation is no longer working for the both of them, should be given a second chance.
“Itong panukalang ito nagbibigay ng proteksyon unang-una sa mag-asawa, babae, lalaki, at magiging anak. May nagsasabi baka raw itong panukala ang sisira sa kasal, hindi po. Itong panukalang ito ang nagbibigay proteksyon sa kasal na, masakit man sabihin, ay sira na,” Padilla said.
"Minsan may mga bagay talaga na nakasulat na di kayo para sa isa’t isa. Kailangan aminin natin 'yan. May nakasulat para sa iyo. Paano kung dumating ang para sa iyo at ikaw nakatali na? Napakalungkot. Everybody deserves a second chance," he added.
The newbie senator said the divorce bill is beneficial for the Filipino women who are usually wrongly and unfairly judged following a split with her husband, in the context of Filipino culture.
"Kawawa ang babae pag dalawang mag-asawa naghiwalay napakasakit ng sinasapit ng kababaihan. Sa kultura natin... ang lalaki ang na in love sa iba ang tingin ng kapwa lalaki, galing ng lalaking ito. Pag babae nagkaroon ng boyfriend, naku tsismisan 'yan, kawawa ang babae... Unfair eh," he said.
Padilla said the access of Filipinos to annulment, which is the only way in the country to dissolve a marriage, is limited due to its voluminous requirements, including financial capability.
Under Padilla’s proposed divorce measure, either the husband or wife can file a petition to dissolve their marriage under the following conditions:
* When either of the spouses has no capacity to perform the essential marital obligations of the marriage and the incapacity continues and appears to be incurable;
* When there is an existing irreconcilable marital difference;
* When a spouse obtained a divorce abroad;
* When a spouse is presumed dead under Articles 390 and 391 of the Civil Code of the Philippines;
* Upon conviction of an offense under Republic Act 9262, otherwise "Anti-Violence Against Women and their Children Act of 2004";
* Attempt by the respondent against the life of a common child or a child of the petitioner;
* Having a child with another person other than one’s spouse during the marriage, except when upon the mutual agreement of the spouses, a child is born to them in vitro or through a similar procedure or when the wife bears a child after being a victim of rape;
* When any of the grounds for annulment of marriage under Article 45 of the Family Code of the Philippines, filed by the persons and within the periods provided in Article 47 of said Code are present;
* Except when circumstance is present under Article 56 of the Family Code of the Philippines when any of the grounds for legal separation under Article 55 of the said Code are present;
* When the spouses are separated in fact for at least two consecutive years at the time of the filing of the petition for divorce;
* When the spouses have been legally separated by judicial decree under Article 55 of the Family Code of the Philippines.
The bill also mandates a six-month mandatory cooling-off period after the filing of the petition and it will be observed before a competent court. During that period, the court shall exercise all efforts to reunite and reconcile the parties.
If the divorce petition is approved, the husband and wife will now be allowed to contract to marry.
The children of the estranged parties will still be considered legitimate while their custody, particularly of the minors, will be determined by the court.
The judgment should provide a liquidation, partition and distribution of the properties of the spouses, the custody and support of the children, the conjugal dwelling and the lot on which it is situated shall be adjudicated in accordance with Articles 102 and 129 of the Family Code of the Philippines, and the effects on the divorced spouses of the intestate successions, testamentary dispositions, donations, and insurance on beneficiaries shall be observed.
Aside from Padilla, the divorce bill is also among the priority bills of Senators Risa Hontiveros and Raffy Tulfo. (SunStar Philippines)