The bill entitled 

“An Act Providing for Absolute Divorce and Dissolution of

Marriage in the Philippines” is also historic for other reasons: it is the
farthest a divorce bill has made it in the legislative process and it’s a rare
multi-partisan effort, with lawmakers from all blocs in the House involved in
its crafting.

Should the bill be passed into law, coupled who are irreconcilably
separated will have access to a cheaper and faster alternative to
annulment, which can take years and upwards of P250,000 to finalize. 

The bill says it seeks to “save the children from pain, stress and agony
consequent to their parents’ constant marital clashes” and “grant the
divorced spouses the right to marry again for another chance at marital
bliss.”

In many countries, the best way to end these romance-turned-nightmare

stories is divorce. However, it's not the case for Filipinos as the Philippines
does not have a divorce law yet.

Measures to legalize divorce in the country have been introduced by

lawmakers though.

On March 19, 2018, the House of Representatives approved on third and

final reading House Bill (HB) No. 7303, which seeks to legalize absolute
divorce in the country, over a decade after it was introduced during the 13th
Congress in 2005.

Bills pushing for divorce were also filed by lawmakers during the 14th, 15th,
and 16th Congress.

For the 15th Congress, then Cagayan de Oro Rep. Rufus Rodriguez and
Pangasinan Rep. Marlyn Primicias-Agabas sponsored HB 4368 that seeks
to "harmonize" the Family Code "with recent rulings of the Supreme Court
on divorce obtained by the alien spouse in another country."

The House plenary approved the said bill on Sept. 26, 2012, and was
received by the Senate on the same day.

Then Gabriela Women's Party Rep. Luzviminda Ilagan also filed a bill to
amend the Family Code and introduce divorce. The bill was referred to the
Committee on Revision of Laws on January 26, 2011.

Five similar bills on divorce were also filed during the 16th Congress. The
Ilagan-sponsored bill has been pending with the Committee on Population
and Family Relations since May 20, 2014.

However, advocates of this measure face a powerful adversary -- the

Catholic Church.

Aside from the Philippines, Vatican City, an independent state headed by

the Pope, is the only country in the world without divorce but allows the
annulment of marriages.

It is perhaps Spain’s legacy to the country that even after the Philippines
was free from their colonization, Filipinos embraced the Catholic faith,
which up to now has a big influence on the country's way of life and
government policies.

The Church views marriage as a sacred vow and the Philippine

Constitution upholds it as an institution that should be protected. It firmly
stresses that no man can break what God has unified through the
sacrament of marriage.

While many lawmakers push for divorce laws in the country, their efforts
are continuously blocked by their colleagues who have conservative views
on marriage and by the so-called “Catholic vote”.

An average of 53 percent of adult Filipinos nationwide support the

legalization of divorce for irreconcilably separated couples, based on the
Social Weather Stations surveys of March 25-28, 2017 and December 8-
16, 2017.

The survey also showed “very strong” net agreement among women with
live-in partners, men with live-in partners, and widowed/separated men.

Pia Roces Morato, an advocate of the bill, said during the Philippine News
Agency’s (PNA) Pros and Cons episode that she upholds the sanctity of
marriage but unfortunate events brought her to annulment.
“I admit it is painful but it is worth it. You do not get into marriage without
love. But it just did not work out (for us),” she added.

Present options

currently, the only legal recourse available to Filipinos who want to exit a
failed union is through an annulment or a petition for legal separation.
These two options have different grounds and end results.

Annulment is an expensive and a tedious legal battle, especially if one

party is not cooperating and is against the petition.

To be granted an annulment, issues must have taken place before the

marriage, since annulment nullifies the marriage.

For example, an annulment demonstrates that marriage didn’t happen in

the first place. Psychological incapacity, mistaken identity, and being
underage are some reasons an annulment can be granted.

Still from the Pros and Cons episode, Fr. Jerome Secillano, Executive
Secretary of the Catholic Bishops' Conference of the Philippines’
Committee on Public Affairs, remarked that the government has overlooked
ways to re-strengthen a weakening marriage.

He also cited that the Catholic Law allows nullity of marriage.

Gabriela Rep. Arlene Brosas meanwhile responded, “Those who anticipate

the passage of this bill is looking for a legal option -- divorce. While we
believe that this should not be the end-all, it does not in any way form a
hindrance to those who are happily married anyway.”

Senate Bill No. 2134 or the Divorce Act of 2018 was filed in the Senate last
January.

Under the bill, absolute divorce can be obtained under the following
conditions: physical abuse happens or a "grossly abusive conduct" is
exhibited, psychological incapacity, irreconcilable marital differences
despite efforts to reconcile, marital rape, and separation for at least five
years, among others.
It will also penalize the spouse found to have used force or intimidation to
compel the other spouse to file the petition. 

Pros and cons

Amid heated debates on the Reproductive Health (RH) bill, lawmakers are
setting their sights on another divisive measure: the divorce bill.

Cavite Congressman Elpidio Barzaga says the grounds for divorce are
stated in the measure are too flexible.

"There is no provision on how long these conditions are existing before the
parties in the marriage can avail of divorce."

Lawmakers have identified several grounds for divorce: when the married
couple has been separated for five years de facto and reconciliation is
highly improbable; the couple has been separated for two years before
filing for divorce; when the grounds for legal separation (infidelity,
psychological incapacity and irreconcilable differences) are present
resulting to an irreparable marriage.

Barzaga says divorce would not strengthen the nation and may only lead to
hasty marriages.

"We have a constitutional mandate requiring the protection of the family

and state as far as marriage is concerned. According to the framers, in
order to have a strong nation, we must have a strong family, and it's
necessary for the state to solidify the family, promote its total development
and express the sanctity of the Filipino family."

"If we allow absolute divorce we may result in hasty marriage. Our wish for
having a strong family will not be realized if we allow divorce in the country.
Divorce would not strengthen but in fact will destroy the family," Barzaga
adds.

Unfounded fears

But former Gabriela party-list Representative Liza Maza says, the fear that
most married couples will avail of divorce is unfounded.
"Divorce is an option for marriages experiencing irreparable breakdown.
This is not for happy marriages."

Maza adds that a measure providing divorce as an option would, in fact,

ensure the survival of problem-ridden families.

"A strong family marked by violence violates the sanctity of marriage."

Barzaga believes the divorce bill may be in for a losing battle.

"The statement in Congress is, in all likelihood, this bill will not be approved
in Congress because the wives of the congressmen will be dictating to their
husbands not to vote 'yes' to this bill," he says.

Maza now urges lawmakers to look at the merits of a culture-sensitive

divorce bill, designed to address present-day realities.

"If we look at the report of the Solicitor General, from 2001 to 2010, there's
a 40% increase in the number of those who filed for annulment.

"It's time to have a dispassionate view and look at the merits of the
proposal. The bill has serious concerns it wants to address. With legal
separation the couple can't remarry... With psychological incapacity, you
have to prove it's present at the time of the celebration of marriage. These
legal remedies are insufficient, that's why the bill is introducing divorce,"

A Social Weather Stations survey taken from March 4-7, 2011 shows

Filipinos are already divided on the issue, with half of the population (50%)
in favor of divorce for legally-separated couples, 33% opposed and 16%
undecided.
Survey

 A majority of Filipinos support legalizing divorce in the Philippines,

according to the results of a Social Weather Station (SWS) released on
Friday, March 9.

Based on the SWS survey conducted between March 25 to 28, 2017, and
December 8 to 16, 2017, 53% of Filipinos agreed to legalize divorce in the
country.

The survey showed that 30% of Filipinos “strongly agreed” while 23%
“somewhat agreed" with the proposal to legalize divorce for irreconcilably
separated couples, for a total of 53%.

The survey results also showed that 32% of Filipinos did not agree to
legalizing divorce. 

The net agreement on the issue is a "moderately strong"  +21 – 4 points

lower than in 2016, when it was at +25.

The survey group first started polling Filipinos on legalizing divorce in 2005
– when support for the measure, based on survey data, was weakest. In
2005, the SWS reported 45% disagreed while 43% agreed with the
measure, for a net agreement of -2.

Section 2 of the bill, or its declaration of policy, says that while the
Philippines “continues to protect and preserve marriage as a social
institution and as the foundation of the family,” divorce would give a chance
for couples to terminate “a continuing dysfunction of a long broken
marriage.”

In doing this, the bill says it hopes to “save the children from pain, stress
and agony consequent to their parents’ constant marital clashes” and
“grant the divorced spouses the right to marry again for another chance at
marital bliss.”
Key points in the law

Lawmakers have made it a point, since the very start, for divorce in the
Philippines to be cheaper and more efficient than annulment, which is
currently the only way to end a marriage in the predominantly Catholic
nation.

During the committee’s deliberations on February 21, the members agreed

that litigation and fees would be waived for “indigent” divorce applicants.
They would also be entitled to lawyers assigned by the court.

For the purpose of the law, “indigents” are defined as those whose real
properties are below P5 million, an amount proposed by Speaker
Pantaleon Alvarez. Deputy Speaker Pia Cayetano explained that the
overseas Filipino workers (OFWs) they consulted had specifically asked
that the process would be affordable or would not cost them a year's salary.

Even if divorce is introduced, married couples can still seek legal

separation or annulment of marriage, if they wish.

Those who file for divorce will need to observe a 6-month “cooling off
period,” as a last-ditch effort to reconcile the couple. This is waived in
cases of domestic abuse or if there is danger against one spouse or a
child.

“Pro-woman” is part of the bill’s guiding principles, citing “most cases”

wherein the wife needs to seek one in order to walk away from an abusive
relationship.

An eventual divorce decree includes provisions for the case and custody of
children, protection of the children’s legitime or inheritance, the termination
and liquidation of conjugal partnerships of gains or absolute community,
and alimony for the “innocent spouse.”

The State, as stated in the bill’s guiding principles, “has the role of
strengthening marriage and family life” through programs, both before and
after the marriage.
The proposed law also gives space for couples who might have a change
of heart. If, in the middle of proceedings, the couple decides to reconcile,
the process will be terminated. While the decree of absolute divorce will be
set aside, the separation of properties and forfeiture of the share of the
guilty spouse will subsist, unless the couple reverts back to the former
property regime.

If the court finds that one party is coercing another to file for divorce, he or
she may be punished with imprisonment of 5 years and a P200,000-fine.

The eventual implementing rules and regulations for the law will be drafted
by several agencies led by the Department of Justice. The Department of
Social Welfare and Development, the Philippine Commission on Women,
the National Youth Commission, and at least two representatives from
women’s groups will be part of the team that will craft it.

The grounds for Divorce Bill

The grounds listed include existing grounds for legal separation under
Article 55 of the Family Code, and annulment under Article 45 of the same
code:

 Physical violence or grossly abusive conduct directed against the

petitioner, a common child, or a child of the petitioner
 Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation
 Final judgement sentencing the respondent to imprisonment of more
than 6 years, even if pardoned
 Drug addiction or habitual alcoholism or chronic gambling of the
respondent
 Homosexuality of the respondent
 Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad
 Marital infidelity or perversion or having a child with another person
other than one’s spouse during the marriage, except when the
spouses have agreed to a having a child through in vitro or a similar
procedure, or when the wife bears a child as a result of being a rape
victim
  Attempt against the life of the petitioner, a common child, or a child of
the petitioner
 Abandonment without justifiable cause for more than a year
 Those legally separated by judicial decree for more than two years
can also avail of divorce
 One of the spouses was older than 18 but younger than 21 at the
time of marriage without the consent of a parent, guardian, or
substitute parental authority unless after the age of 21, the pair freely
cohabitated and lived together
 Either party was of unsound mind, unless such party, after coming to
reason, freely cohabilitated with the other
 The consent of one party was obtained through fraud unless, despite
after knowing the fraud, continued to cohabit as husband and wife
 That the consent of one party was obtained by force, intimidation, or
undue influence, unless despite the cessation of such, the pair
continued to cohabit
 That either party was incapable of consummating the marriage with
the other, and the incapacity continues or appears to be incurable
 That either party is afflicted with a sexually transmissible infection that
is serious or appears to be incurable

The bill introduces the following additional grounds:

 Separation for at least 5 years at the time the petition is filed, with
reconciliation “highly improbable,” except if the separation is due to
the overseas employment of one or both spouses in different
countries, or due to the employment of one of the spouses in another
province or region distant from the conjugal home
 Psychological incapacity of other spouse as defined in Article 36 of
the Family Code, whether or not the incapacity was present at the
time of marriage or later
 When one of the spouses undergoes gender reassignment surgery or
transition from one sex to another
 Irreconcilable marital differences and conflicts resulting in the “total
breakdown of the marriage beyond repair” despite the efforts of both
spouses

How does divorce work?

For qualified indigent petitioners, the court will waive the payment of filing
fees and other litigation costs. It will also appoint a counsel de oficio or a
lawyer for the petitioner, as well as assigned social workers, psychologists,
and psychiatrists, to assist the petitioner and the court.

This provisions ensures that those with real properties below P5 million can
afford the process. During consultations, lawmakers were told that the cost
of annulment – from the filing to the hiring of experts – was simply too
prohibitive.

Couples can file jointly a petition for absolute divorce on the grounds of de
facto separation for 5 years, legal separation for at least two years, or
irreconcilable differences. Those with children should also come up with a
joint plan over their parenthood arrangements.

Collusion between spouses is not allowed.

OFWs, as Albay 1st District Representative Edcel Lagman earlier said, will
be given preference when it comes to hearing their petitions.

Summary proceedings can happen in case of couples who have been

separated for at least 5 years, a bigamous marriage, legal separation for at
least two years, sentence of imprisonment for at last 6 years, and sex
reassignment surgery.