In a historic move, the House of Representatives approved on Wednesday, May 22, a bill reinstating absolute divorce in the Philippines, marking a significant departure from the country's long standing prohibition on divorce. The passage of House Bill (HB) 9349, also known as the proposed Absolute Divorce Act, garnered 126 affirmative votes, 109 negative votes, and 20 abstentions, reflecting a contentious yet decisive decision within the chamber.
Albay Rep. Edcel Lagman, the principal author of the bill, hailed the third reading approval as emblematic of a profound transformation in societal attitudes towards marriage and relationships. Lagman highlighted the bill's importance in recognizing the necessity of offering practical alternatives for individuals caught in "unhappy and irreparable marriages." He emphasized that legalizing divorce recognizes the plight of those trapped in toxic, abusive, and stagnant marital unions, positioning the bill as a beacon of hope for those seeking liberation from such circumstances.
Grounds and Scrutiny: Clarifications on the Bill
Lagman clarified key provisions of the bill, notably dispelling misconceptions regarding the nature of divorce proceedings it permits. He emphasized that the legislation does not sanction "no-fault" or expedited divorce processes, instead instituting stringent criteria for divorce petitions. Grounds for absolute divorce outlined in the bill include psychological incapacity, irreconcilable differences, domestic or marital abuse, among others. Moreover, petitions must undergo rigorous judicial scrutiny to prevent abuse or collusion between parties, ensuring that divorce is pursued judiciously and responsibly.
Senate's Turn: Pending Proposals and Expanding Grounds for Divorce
With the ball now in the Senate's court, attention shifts to the consideration of several pending proposals concerning divorce. Senate Bill (SB) 2443, a consolidation of multiple measures authored by Senators Risa Hontiveros, Raffy Tulfo, Robinhood Padilla, Pia Cayetano, and Imee Marcos, stands out as a comprehensive effort to expand the grounds for dissolution of marriage and institute divorce. Among its provisions are the recognition of absolute divorce following a separation period, consideration of crimes such as rape as grounds for divorce, and the acknowledgment of annulments conducted by religious or traditional authorities.
