MANILA, Philippines — A divided House of Representatives yesterday approved on third and final reading the absolute divorce bill that in nearly four decades only reached plenary debates in the halls of Congress.
Congressmen voted 126-109 – with 20 abstentions – in stamping their approval on House Bill 9349 authored by long-time divorce advocate Rep. Edcel Lagman, who said there is now “the imminent liberation for Filipino wives who are entombed in toxic, abusive and long-dead marriages.”
“By legalizing divorce, the Philippines acknowledges the need to provide 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 said.
“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,” the first district congressman of Albay province reiterated.
Among those who voted against the measure were Reps. Gloria Macapagal-Arroyo, Rufus Rodriguez, Richard Gomez, evangelist-lawmaker Bro. Eddie Villanueva of Citizens Battle Against Corruption party-list and preacher Bienvenido Abante of Manila’s sixth district.
House Minority Leader Marcelino Libanan, a former seminarian, also voted no.
“May God have mercy on our nation!” Villanueva, the Jesus is Lord movement evangelist, said. “We have explained and warned our colleagues of the ill effects of the measure; the accountability is now between them and God.”
“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 warned.
The opposition lawmakers usually lumped for voting practically against all pieces of legislation, the three-member Makabayan bloc expressly manifested their desire to have the measure approved by their House colleagues from the super majority coalition.
“This victory is nearly two decades in the making, following our initial introduction of a bill to legalize divorce back in 2005. The necessity for this legislation has only grown more urgent over the years,” Rep. Arlene Brosas of women’s group Gabriela stated.
“It is easy to romanticize the Filipino family as perfect and conflict-free. But the reality is that political, economic and social factors often strain marriages, leading to inequalities and violence,” she added.
“Gabriela Women’s Party looks forward to a future where all Filipinos have the legal means to escape harmful marriages and rebuild their lives. Let us give abused women and their children another chance to live in a loving and supportive family environment,” Brosas said.
In a statement, Gabriela reported that the 2022 National Demographic and Health Survey revealed that “18 percent of women with intimate partners have experienced violence, while nearly 40 percent of women aged 15-49 have faced controlling behaviors from their partners.”
“The socio-economic challenges in the Philippines – such as labor export, low wages, joblessness and rising living costs – exacerbate marital issues. The proposed divorce legislation acknowledges these realities, providing legal recognition to existing social conditions without further fragmenting already broken homes,” Brosas said.
HB 9349 provides the limited grounds and well-defined judicial procedures for divorce and aims to save children from the pain, stress and agony brought about by their parents’ marital clashes or irreconcilable differences.
It also allows divorced spouses the right to marry again for another chance at marital bliss.
Under the bill, troubled couples may file a petition for absolute divorce using the following grounds:
1) legal separation under Article 55 of the Family Code of the Philippines, as modified;
2) annulment of marriage under Article 45 of the Family Code of the Philippines, as modified;
3) 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;
4) psychological incapacity as provided in Article 36 of the Family Code of the Philippines;
5) irreconcilable differences; and
6) domestic or marital abuse to include acts under Republic Act 9262, or the Violence Against Women and Their Children Act of 2004.