PH divorce bill gains ground amid Catholic church opposition

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THE House of Representatives has reinvigorated its move for the passage of the country’s proposed absolute divorce law, approving House Bill 9349 on second reading through voice voting, despite vehement opposition from the Catholic Church.

The bill, mainly authored by Albay Congressman Edcel Lagman, provides the “limited grounds and well-defined judicial procedures for divorce and aims to save children from the pain, stress and agony brought about by their parents’ marital clashes or irreconcilable differences.”

It will also grant the divorced spouses the right to marry again for another chance at marital bliss.

As the congressmen approved the second reading on May 15, the lawmakers emphasized that House Bill 9349 “would institute absolute divorce as an alternative mode of dissolving an irreparably broken or dysfunctional marriage.”

Under the bill, troubled couples may file a petition for absolute divorce using the following grounds: 1) legal separation under Article 55 of the Family Code of the Philippines, as modified; 2) annulment of marriage under Article 45 of the Family Code of the Philippines, as modified; 3) separation of the spouses in fact 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; and 6) domestic or marital abuse to include acts under Republic Act 9262, or the Violence Against Women and Their Children Act of 2004.

Gabriela Women's Party Representative Arlene Brosas maintained that the divorce bill will give a second chance to women “to start a new life.”

“And let’s give their children a chance to grow in a safe, and loving environment,” the feisty lady lawmaker told the media on May 16.

The bill will still go to its third reading, and once approved in the third reading, it will be transmitted to the Senate for its concurrence and will undergo the same legislative process, before it will be transmitted to the President for his action.

As this developed, several senators have also expressed elation over the divorce bill’s progress at the Lower House.

“It’s time to give Filipino women, men, children, and families who need it a second chance at love and life,” said Senator Risa Hontiveros in a statement on May 16.

She also assured the public that she would continue to work in the Senate to pass the divorce bill.

At the Senate, Hontiveros and four other senators also served as authors of Senate Bill 2443 or the proposed "Dissolution of Marriage Act" which has been pending in second reading since September 2023.

Despite the seemingly losing influence of the church against the controversial divorce bill, Catholic leaders in the country continued to urge the government to prioritize programs that would strengthen the bond of families and marriage.

 “I urge members of Congress to reconsider the proposed divorce bill and instead focus on promoting policies and programs that support marriage, strengthen families, and protect the well-being of all members of society,” Tagbilaran Bishop Alberto Uy, of the central Philippines, told the Catholic-run Radio Veritas in an interview on May 16.

The bishop stressed that a “society that values strong, stable families is a thriving society.”

“Divorce weakens the fabric of society by eroding the foundation of the family unit. It leads to social fragmentation, increased poverty, and a host of other societal ills. By promoting divorce, we are contributing to the breakdown of social cohesion and the erosion of moral values,” Uy said.

Father Jerome Secilliano, executive secretary of the Catholic Bishops' Conference of the Philippines-Permanent Committee on Public Affairs, added that there is no need for divorce in the country.

“All I can say is that I affirm the Church's teaching on the sanctity of marriage and the value of family life. There are remedies when marriages break down such as annulment and legal separation. Easy access to divorce will weaken the family as an institution,” retired Redemptorist priest Amado Picardal told Sunstar Philippines on May 17.

Under the proposed divorce bill, the ones who will be allowed to divorce are those who have a dysfunctional marriage or are irreparably broken.

The government will also scrutinize closely the grounds for divorce, such as abuse, being an alcoholic, drug user, violence, and other reasons.

 The Philippine Commission on Women said that sexual violence against women and children is widespread in the country, noting that “one in every 20 girls and women aged 15 to 49 years old has experienced such violence at some point in their lifetime.”

“The study also found that 13.7 percent of incidents occurred at home,” the Philippine Information Agency said in its March 2024 report.

Aside from Vatican City, the Philippines is one of the two countries in the world where divorce is not yet legal. (Ronald O. Reyes/SunStar Philippines)

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