By Brian Jules Campued
With 131 affirmative votes, 109 negative votes, and 20 abstentions, the House of Representatives on Wednesday approved, on third and final reading, a bill allowing absolute divorce in the country.
Being the only nation in the world besides the Vatican that forbids divorce, author Albay 1st District Rep. Edcel Lagman said the approval of House Bill (HB) No. 9349 is “a clear and resounding victory and signals the imminent liberation for Filipino wives who are entombed in toxic, abusive, and long-dead marriages.”
HB 9349 seeks to reinstitute divorce as an alternative mode for the dissolution of “broken or dysfunctional” marriages based on limited grounds.
For Lagman, the passage of the bill signifies a major shift in societal attitudes towards marriage and relationships, as the legalization of divorce provides options for individuals trapped in “unhappy and irreparable marriages”.
“This recognition reflects an evolving understanding of the complexities and challenges that can arise within marital unions,” he added.
Under the proposed Absolute Divorce Act, couples may file a petition for absolute divorce on the following grounds:
- Legal separation under Article 55 of the Family Code of the Philippines (modified)
- Annulment of marriage under Article 45 of the Family Code of the Philippines (modified)
- Separation of spouses for more than five years at the time of petition, with reconciliation being highly improbable
- Psychological incapacity
- One spouse undergoing sex reassignment surgery or transitioning from one sex to another
- Irreconcilable differences
- Other forms of domestic or marital abuse
For Lagman, divorce is still not for everybody, as “it is for those who have just and valid causes to be adjudicated by the proper court”.
“It is only an alternative remedy and will not apply to the overwhelming majority of Filipino married couples who have enduring and loving marriages,” he added.
However, CIBAC Rep. Bro. Eddie Villanueva expressed “disappointment and concern” regarding the bill as it disregards the Bible.
“We should have realized that annulment and legal separation exist to remedy problematic marriages without rebelling against God, insulting Him, and drawing the curses of disobeying Him,” Villanueva said in a statement.
Casting a negative vote, the solon said that he, along with other lawmakers who voted against the passage of the bill, have warned about the “ill effects” of the measure.
Cagayan de Oro 2nd District Rep. Rufus Rodriguez voted a “resounding and strong no” to the divorce bill, citing its unconstitutionality.
Meanwhile, Lagman assured the critics of the bill that a divorce law would not destroy marriages because “the union has long perished”.
“Divorce is not the monster plaguing a marriage. It is marital infidelity, abandonment, violence, and cruelty, among others, which are the devils that destroy marriages,” he added.
The lawmaker also clarified that the bill does not recognize no-fault, quickie, drive-thru, e-mail, or notarial divorces, as a petition for divorce would undergo judicial scrutiny in order to prevent abuse. – av
