Divorce bill brought to House plenary

THE bill that aims to legalize divorce in the Philippines has made it to the House of Representatives’ plenary for debate and possible approval.

House Bill 9349 or the Absolute Divorce Bill was sponsored by Albay Representative Edcel Lagman during Tuesday’s session. 

Related Article: Senate panel OKs bill allowing absolute divorce

Related Article: ‘We want to be free’: Filipinos demand right to divorce

In his sponsorship speech, Lagman explained that “an absolute divorce law is urgently necessary in marriages that have collapsed and are beyond repair, where the majority of the victims are the wives who have been subjected to cruelty, violence, infidelity, and abandonment.”

He also emphasized that “in the grant of absolute divorce, no marriage is destroyed because the union has long perished.”

Except for the Philippines and Vatican City, all countries worldwide, including all Catholic countries, have legalized divorce to varying degrees of liberality or strictness.

The bill’s salient features include:

1. Divorce proceedings undergo a judicial process and quickie, notarial, email and drive-thru divorces are prohibited.
2. In addition to the grounds for dissolution of marriage based on psychological incapacity, annulment of marriage and legal separation, as amended, additional grounds for divorce have been included:
   a. Separation in fact for at least 5 years and reconciliation is not anymore possible.
   b. Legal separation for more than two years.
   c. Sex reassignment surgery or sex transition.
   d. Irreconcilable marital difference.
   e. Other domestic or marital abuse.
3. Divorce is only an option. Qualified spouses may or may not petition for divorce, or they may avail of dissolution of marriage based on psychological incapacity under Article 36 of the Family Code, annulment of marriage under Article 45 of the Family Code, or legal separation under Article 55 of the Family Code.
4. A divorce decree entitles the parties the right to remarry and have another chance at marital bliss.
5. The divorce decree shall include and protect spousal support, children’s support and custody, respect for the children’s legitime, as well as the interests of creditors.

Lagman said there are at least 70 congressmen who are co-authors of the proposed measure.

A counterpart bill is also pending before the Senate.