House approves divorce bill on second reading

The House of Representatives approved a bill seeking to reinstitute absolute divorce in the country on second reading.

On Wednesday, May 15, House Bill No. 9349—principally sponsored by Albay 1st District Rep. Edcel Lagman—was approved via viva voce or voice vote two months after the committee on population and family relations referred the bill to the plenary.

The bill provides limited grounds for divorce, which General Santos Lone District Rep. Loreto Acheron defined in the House session as “a measure that allows the offended spouse in a broken marriage added remedy for dissolving marriage.” According to a release, it's also a means “to save the children from the pain, stress, and agony consequent to their parents’ marital clashes or irreconcilable differences.”

The following are grounds for absolute divorce, according to HB 9349:

• legal separation under Article 55 of the Family Code of the Philippines, as modified;
• annulment of marriage under Article 45 of the Family Code of the Philippines, as modified;
• 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;
• psychological incapacity as provided in Article 36 of the Family Code of the Philippines;
• irreconcilable differences; and
• domestic or marital abuse to include acts under Republic Act 9262, or the Violence Against Women and Their Children Act of 2004.

During the session, Tingog Party-List Rep. Jude Acidre asked Lagman if it’s for unhappy marriages, but Lagman clarified that it’s also for distressful situations and toxic relationships.

“Because if there are no valid grounds, no divorce will be decreed,” he said.

Lagman noted that divorce proceedings will undergo thorough scrutiny.

He also pointed out that while divorce is only an “option,” it’s cheaper and faster than other options to dissolve marriages like annulment.

Moreover, Lagman said it's a "pro-woman" measure since in most cases, it's the wife who is the victim of a failed and toxic marriage. Though there are cases in which the husband is the offended party, he noted that "indelible data would show that wives are the aggrieved victims or parties in most cases of marital conflict."

In September 2023, the Senate Committee on women, children, family relations, and gender equality recommended the approval of Senate Bill No. 2443, which seeks to institute absolute divorce in the country.

SB 2443 defines divorce as the “legal termination of a marriage by a court in a legal proceeding.” It's a substitution of consolidated Senate Bills 147, 213, 237, 554, 555, 1198, and 2047 on the Dissolution of Marriage Act.

Dissolution of marriage or annulment, meanwhile, pertains to a marriage "duly solemnized by a priest, imam, rabbi, or presiding elder of a church or religious entity, or duly solemnized or performed by an elder or leader of an indigenous cultural community (ICC) or indigenous people (IP) in the Philippines." It's by the canons or precepts of such church, religious entity, or customs and practices of ICCs or IPs.

The Philippine Legislators’ Committee on Population and Development previously noted key differences between absolute divorce and annulment.

In terms of expenses, spouses whose properties are below P2.5 million are exempted from several fees. Those who seek annulment would have to pay for legal, psychological, and other fees, which would range from P150,000 to P300,000.

Divorce cases are also settled within a year after the mandatory 60-day cooling-off period for reconciliation (except for violent cases), while annulment may take up to four years.

The Philippines, a predominantly Catholic country, is the only state outside the Vatican where divorce is illegal.

Lawmakers have filed bills to legalize divorce since 1999 but were never approved.