Divorce bill unconstitutional, says ex-lawmaker

MANILA, Philippines — The House Bill (HB) 9349 or the Absolute Divorce Act recently approved by the House of Representatives may be violating the 1987 Constitution, former Buhay party-list representative Lito Atienza said yesterday as he warned senators against supporting the measure.

“Do not join the stampede created by the divorce bill because that is artificial, it is not what Filipinos see as the solution to their marital problems,” the former deputy speaker said.

According to Atienza, HB 9349 violates the “basic law of the land.”

“We, as lawmakers, should follow the Constitution and not violate it. There are already laws which address some of the reasons the proponents use as basis for the divorce law, such as violence against women and children,” he noted.

He cited that under Article 2 Section 12 of the Constitution, the “State recognizes the sanctity of family life and shall protect and strengthen the family.”

On the other hand, Article XV, Sections 1 and 2 recognizes the Filipino family as the foundation of the nation and that marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Atienza added that abusive husbands and fathers can be penalized with imprisonment for violating these existing laws.

The former mayor of Manila has been consistently advocating against anti-life measures, including the divorce bill. In his nine years in Congress, he has successfully blocked these bills at the committee level but last May 23, the House approved the measure.

Atienza said that if HB 9349 will be passed, they would go to the Supreme Court to question the legality of the manner in which the bill was approved.

“In our nine years as a lawmaker, this is the first time we have seen a measure approved on the floor, with the number of votes being changed after the session had been adjourned – all just to satisfy the required number of majority votes. If this had happened during my time as a congressman, I would have questioned it right there and then,” he said.

He also admonished the congressmen who passed the bill not to celebrate prematurely.

“They are not only destroying their own family but the Filipino family. They are not only violating God’s law, but our Constitution as well,” he maintained.

Atienza, who has been married for 58 years, admitted that there is “no perfect marriage, specially in the union of two people with different personalities.”

However, he said the “love and respect for each other allows couples to work out their differences within the home, to preserve their marriage and protect the welfare of their children.”

“Divorce violates the law of God and our country, let’s disregard it. We should be proud of the fact that aside from the Vatican, we are the only country in the world that prohibits divorce. We should be proud about this because this is right, unlike the pro-divorce (people) that the world has already left us behind,” he added.