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House panel OKs 'in principle' bills legalizing divorce
By Xianne Arcangel, CNN Philippines
Published Feb 23, 2023, 4:55:39 PM
Metro Manila (CNN Philippines, February 23) — The House Committee on Population and Family Relations on Thursday approved in principle bills legalizing divorce, as well as related measures seeking the civil recognition of marriages dissolved by the Catholic Church and other religious denominations.
Albay Rep. Edcel Lagman, author of House Bill 78 seeking to legalize divorce, said the approval is subject to the submission of a substitute measure to be drafted by a technical working group (TWG) which will include the key provisions of other divorce-related bills.
Lagman has been selected to lead the TWG in charge of coming up with a substitute bill.
In the explanatory note, Lagman said when the foundations of marriage are lost, "no amount of compulsion by statute, custom or religion can restore their value."
At least six bills have been filed in the 19th Congress to legalize divorce as a way of dissolving marriages. Meanwhile, two measures, House Bill 1021 of Cebu Rep. Pablo John Garcia and House Bill 1593 of Tingog Party-list Rep. Yedda Romualdez, seek to recognize the civil effects of church annulment.
Lagman said divorce would not destroy marriages because it could only be availed of by couples whose relationship "has long perished."
"Absolute divorce is urgently necessary in exceptional cases for couples in inordinately toxic and irreparably dysfunctional marriages, particularly the wives who are abused or abandoned," the lawmaker said.
He said his bill also prohibits "quickie" or "drive-thru" divorces, as well as collusion between spouses to end the marriage.
"Divorce is not against the Catholic faith. Even the Bible cites instances when Jesus Christ allowed divorces. All Catholic countries, except the Philippines, have legalized divorce. Even the Catholic hierarchy has its own matrimonial tribunal which dissolves marriages similar to a divorce," added Lagman.
Jerome Secillano, Catholic Bishops' Conference of the Philippines (CBCP) Public Affairs Committee Executive Secretary, said the Catholic Church remains staunchly opposed to legalizing divorce. Iglesia Ni Cristo spokesman Edwil Zabala said their church also believes in the sanctity of marriage.
House panel OKs 'in principle' bills legalizing divorce
By Xianne Arcangel, CNN Philippines
Published Feb 23, 2023, 4:55:39 PM
Metro Manila (CNN Philippines, February 23) — The House Committee on Population and Family Relations on Thursday approved in principle bills legalizing divorce, as well as related measures seeking the civil recognition of marriages dissolved by the Catholic Church and other religious denominations.
Albay Rep. Edcel Lagman, author of House Bill 78 seeking to legalize divorce, said the approval is subject to the submission of a substitute measure to be drafted by a technical working group (TWG) which will include the key provisions of other divorce-related bills.
Lagman has been selected to lead the TWG in charge of coming up with a substitute bill.
In the explanatory note, Lagman said when the foundations of marriage are lost, "no amount of compulsion by statute, custom or religion can restore their value."
At least six bills have been filed in the 19th Congress to legalize divorce as a way of dissolving marriages. Meanwhile, two measures, House Bill 1021 of Cebu Rep. Pablo John Garcia and House Bill 1593 of Tingog Party-list Rep. Yedda Romualdez, seek to recognize the civil effects of church annulment.
Lagman said divorce would not destroy marriages because it could only be availed of by couples whose relationship "has long perished."
"Absolute divorce is urgently necessary in exceptional cases for couples in inordinately toxic and irreparably dysfunctional marriages, particularly the wives who are abused or abandoned," the lawmaker said.
He said his bill also prohibits "quickie" or "drive-thru" divorces, as well as collusion between spouses to end the marriage.
"Divorce is not against the Catholic faith. Even the Bible cites instances when Jesus Christ allowed divorces. All Catholic countries, except the Philippines, have legalized divorce. Even the Catholic hierarchy has its own matrimonial tribunal which dissolves marriages similar to a divorce," added Lagman.
Jerome Secillano, Catholic Bishops' Conference of the Philippines (CBCP) Public Affairs Committee Executive Secretary, said the Catholic Church remains staunchly opposed to legalizing divorce. Iglesia Ni Cristo spokesman Edwil Zabala said their church also believes in the sanctity of marriage.
House panel OKs 'in principle' bills legalizing divorce
By Xianne Arcangel, CNN Philippines
Published Feb 23, 2023, 4:55:39 PM
Metro Manila (CNN Philippines, February 23) — The House Committee on Population and Family Relations on Thursday approved in principle bills legalizing divorce, as well as related measures seeking the civil recognition of marriages dissolved by the Catholic Church and other religious denominations.
Albay Rep. Edcel Lagman, author of House Bill 78 seeking to legalize divorce, said the approval is subject to the submission of a substitute measure to be drafted by a technical working group (TWG) which will include the key provisions of other divorce-related bills.
Lagman has been selected to lead the TWG in charge of coming up with a substitute bill.
In the explanatory note, Lagman said when the foundations of marriage are lost, "no amount of compulsion by statute, custom or religion can restore their value."
At least six bills have been filed in the 19th Congress to legalize divorce as a way of dissolving marriages. Meanwhile, two measures, House Bill 1021 of Cebu Rep. Pablo John Garcia and House Bill 1593 of Tingog Party-list Rep. Yedda Romualdez, seek to recognize the civil effects of church annulment.
Lagman said divorce would not destroy marriages because it could only be availed of by couples whose relationship "has long perished."
"Absolute divorce is urgently necessary in exceptional cases for couples in inordinately toxic and irreparably dysfunctional marriages, particularly the wives who are abused or abandoned," the lawmaker said.
He said his bill also prohibits "quickie" or "drive-thru" divorces, as well as collusion between spouses to end the marriage.
"Divorce is not against the Catholic faith. Even the Bible cites instances when Jesus Christ allowed divorces. All Catholic countries, except the Philippines, have legalized divorce. Even the Catholic hierarchy has its own matrimonial tribunal which dissolves marriages similar to a divorce," added Lagman.
Jerome Secillano, Catholic Bishops' Conference of the Philippines (CBCP) Public Affairs Committee Executive Secretary, said the Catholic Church remains staunchly opposed to legalizing divorce. Iglesia Ni Cristo spokesman Edwil Zabala said their church also believes in the sanctity of marriage.
House lawmaker renews push for absolute divorce
ABS-CBN News Posted at Jul 03 2022 01:14 PM
https://news.abs-cbn.com/news/07/03/22/house-lawmaker-refiles-absolute-divorce-bill
MANILA — Albay Rep. Edcel Lagman said Sunday he refiled a bill that seeks to legalize absolute divorce in the Philippines. In a statement, Lagman said he refiled the measure as House Bill No. 78 in the 19th Congress, as he hopes "tormented wives can soon be liberated from irretrievably dysfunctional marriages or inordinately abusive marital relations." A bill on absolute divorce is an "apt sequel" to the Reproductive Health Act, which Lagman also authored, since both measures are seen to be beneficial for women, the lawmaker said.
A similar bill was passed on third reading by the House of Representatives during the 17th Congress, but was not acted upon by the Senate. An identical divorce bill was approved by the Committee on Population and Family Relations in the 18th Congress. The Catholic-majority Philippines is the only country in the world apart from the Vatican without a divorce law.
Ka Leody stands by views in favor of divorce
Mike Navallo, ABS-CBN News Posted at Feb 14 2022 08:09 PM
In Catholic forum, Ka Leody stands by views in favor of divorce, same-sex marriage, decriminalizing abortion.
Halalan 2022 Presidential hopeful Leody de Guzman during his proclamation rally at the Bantayog ng mga Bayani in Quezon City on Feb 8, 2022. Mark Demayo, ABS-CBN News. Halalan 2022 Presidential hopeful Leody de Guzman during his proclamation rally at the Bantayog ng mga Bayani in Quezon City on Feb 8, 2022. Mark Demayo, ABS-CBN News. MANILA — In the presence of priests and broadcast nationwide over a Catholic radio station, presidential candidate Leody de Guzman on Monday stood by his views in support of divorce, same-sex marriage, and decriminalizing abortion — three sticky issues for the Roman Catholic Church.
De Guzman was Radyo Veritas’ guest for its Catholic e-Forum, a series where candidates for national positions are invited to discuss their platform and stand on issues. It is aired on Radyo Veritas and Catholic Media Network radio stations across the country and on its social media platforms. Initially acknowledging that his views differ from those of the Catholic church, De Guzman answered the questions head-on, saying he didn’t want to lie nor hide from the issues.
DE GUZMAN: DECRIMINALIZE ABORTION He said he wants to decriminalize abortion to save the lives of women who die due to unsafe operations. “Ang nakikita ko, Father, ay mababawasan ‘yung pagkamatay nung maraming kababaihan dahil sa pag-undergo sa isang lihim na sistema ng pagpapa-abort. Makakabawas tayo ng malaki d’yan,” he said. (What I see Father is that we will minimize deaths of women who choose to undergo secret abortions. We can reduce a number of deaths.) The World Health Organization reported in November last year that 73 million induced abortions take place globally each year. “Around 45% of all abortions are unsafe, of which 97% take place in developing countries,” the report said. In the Philippines, a 2013 study estimated the number of unsafe abortions each year at 610,000, with over 100,000 hospitalizations and 1,000 deaths of women due to complications, a 2016 Department of Health administrative order stated. De Guzman said most pregnant women fear getting prosecuted for abortion. The Revised Penal Code imposes a penalty of up to 6 years imprisonment for women who intentionally abort their babies. There were moves in the House of Representatives in 2016 to raise that penalty to 12 years. Rather than increase the penalty, De Guzman said he wants to remove the criminal liability to make the medical procedure safer for women. Challenged by host Fr. Jerome Secillano, executive secretary of the committee on public affairs of the Catholic Bishops’ Conference of the Philippines (CBCP), if his view will only encourage abortion and lead to higher abortion rates, De Guzman said the development in recent times has made it acceptable for a woman to decide what to do with her body. “May konteksto, Father. Umunlad na ‘yung ating lipunan. ‘Yung sex ay talaga namang isang natural na bagay sa tao, ay ‘yan ay kinilala na ng lipunan, ‘yung sex. Habang lumalaki, habang tumatanda ‘yung isang tao, nade-develop ‘yung kaniyang sex, kaya yan ay hindi napipigilan,” he said. (There is a context, Father. Our society has progressed. Sex is a natural thing for people and society has recognized that. Growing up, people develop their sexuality that’s why we can’t prevent it.) “Pangalawa, tinanggap na rin ng lipunan na puwedeng yung babae ay magkaroon ng kapasyahan kung mag-aanak siya o hindi. Kaya pinayagan na rin ‘yung mga contraceptives, ‘yung calendar, ‘yung iba pang pills at ibang pamamaraan. Kaya nandoon ang pagkilala sa kababaihan na magpasya siya sa kaniyang sarili kung siya ay magkakaanak o hindi,” he added. De Guzman is the only candidate so far to categorically declare he is in favor of abortion. Sen. Manny Pacquiao and Manila Mayor Isko Moreno Domagoso have said they oppose it on religious grounds. Vice President Leni Robredo cites the same reason for opposing abortion for now, although she said she is open to discussing it, having been part of an NGO that pushed to decriminalize abortion due to safety reasons. Sen. Panfilo Lacson said in an interview he is not prepared to answer the question if rape-related abortion should be allowed, but said he is personally against abortion. Former senator Ferdinand “Bongbong” Marcos, Jr. meanwhile said he will favor abortion only in cases of rape and incest. DE GUZMAN: “LUBUSIN NA,” ALLOW DIVORCE In the same interview, De Guzman also stood firm that allowing divorce is the solution to end joyless marriage. “Tingin ko Father, magwawakas ‘yung palaging sigalot, palaging kalmutan, palaging sigawan sa loob ng tahanan kapagka binigyan natin ng laya ‘yung mga mag-asawa na talagang pagkatapos ng mahabang effort ng komunidad at mga institusyon natin na pagbatiin o pagkasunduin ay hindi naman magkasundo dahil wala namang love, marami nang differences na natuklasan sa isa’t isa, ay magiging masaya sila,” De Guzman said, when asked about the impact on Philippine society of allowing divorce. “Hindi lang sila ang lalaya, ang sasaya kundi pati ‘yung mga bata ay mawawala ‘yung trauma sa klase ng pamilya na wala nang ginawa araw-gabi, ay nagkakalmutan, naghihiyawan. Ang aking resolba dyan, ay magiging masaya ‘yung mga anak, ‘yung mag-asawa, magiging maligaya ang buhay nila sa mundong ito,” he added. Secillano pointed out there are options already under Philippine laws such as declaration of nullity of marriage. For De Guzman, these are not enough. “Maganda nang inabot d'yan… D'yan kasi, 'di napuputol ‘yung marriage, maintain pa rin ‘yung marriage d'yan. Kaya lubusin na natin. Tutal, pinapayagan naman, ay bigyan na natin ng kalayaan ‘yung ating mga mag-asawa na magkaroon ng divorce,” he explained. He called on the Catholic Church to respect divorce, should it be enacted into law, and for the State to respect the Catholic Church’s continued celebration of marriage. De Guzman rejected fears that allowing divorce will lead to destroying the sanctity of marriage as an institution, both under the Constitution and under Catholic teachings. “’Yung pagbabago naman, Father, ay hindi naman dahil ginusto lang. ‘Yan ang ayaw natin na magpatuloy yung kalmutan, yung magulong pamilya sa isang kwarto, sa isang bahay, na nandun din yung mga anak. Gusto nating tapusin ‘yung ganung klaseng relasyon sa loob ng bahay. Palayain natin sila sa ganung kaguluhan kaya nagpo-propose ng divorce,” he said. Aside from De Guzman, two other presidential candidates, Moreno and Lacson, favor divorce, while Pacquiao and Robredo oppose it. Among the presidential candidates, only De Guzman supports an unqualified acceptance of same-sex marriage. Lacson and Robredo will only support civil union, while Moreno and Pacquiao rejected it outright. DIFFERENCE IN OPINIONS De Guzman appealed to Catholic voters not to let differences on certain issues get in the way of their common ground on other important issues. “Ayoko na magpalawig. Tanggapin ko na, magkaiba ang ating posisyon sa tatlong bagay na yun. Naniniwala ako sa 97 na bagay ay magkalapit na magkalapit ang ating adhikain para sa ating mamamayan,” the labor leader said. “Huwag nating sayangin ‘yung 97 na bagay na nagkakasundo tayo’t nagkakaisa’t magkalapit tayo, kung meron man tayong diperensya sa tindig natin dun sa tatlong bagay. Sa simula, magrespetuhan,” he added. De Guzman shares similar views with the Catholic Church in opposing death penalty, mining, among other issues. In the end, he called on voters to examine the platform and track record of candidates for elective posts. “Pag-aralan ang plataporma, track record ng kandidato, hindi ang pagiging sikat at pagiging bilyonaryo. Kung gusto natin ng pagbabago, pagbabago hindi sa mukha ng pangulo sa Malacanang kundi dapat ay pagbabago sa kabuhayan ng milyun-milyong kababayan at ng bayan mismo,” he said.
Please Support Divorce in the Philippines
House committee unanimously approves divorce bill
By JOAHNA LEI CASILAO, GMA News Published August 17, 2021 4:55pm
House committee unanimously approves divorce bill
A substitute bill seeking to introduce absolute divorce in the Philippines is bound for plenary debates at the House of Representatives after the measure was approved at the committee level.
In a statement, Albay Representative Edcel Lagman announced that the Committee on Population and Family Relations unanimously approved the unnumbered substitute bill crafted by a Technical Working Group.
“Today is a momentous occasion for countless wives, who are battered and deserted, to regain their humanity, self-respect, and freedom from irredeemably failed marriages and utterly dysfunctional unions,” Lagman said.
According to the lawmaker, the bill seeks to reinstate absolute divorce as this was already practiced during pre-Spanish times, the American colonial period, and during the Japanese occupation.
Lagman also noted House Speaker Lord Allan Velasco’s favor of the enactment, saying that Velasco had submitted the following amendments which are now included in the substitute bill:
Grounds for divorce
According to Lagman, the grounds for legal separation, annulment of marriage, and nullification of marriage based on psychological incapacity under the Family Code were included as grounds for absolute divorce.
He said these were amended to cover causes arising after the solemnization of the marriage.
The other grounds for divorce are the following:
separation in fact for at least five years at the time the petition for absolute divorce is filed
when one of the spouses undergoes a gender reassignment surgery or transitions from one sex to another
irreconcilable marital differences as defined in the bill
other forms of domestic or marital abuse which are also defined in the bill
valid foreign divorce secured by either the alien or Filipino spouse a marriage nullified by a recognized religious tribunal
Lagman said absolute divorce would also void the marital union and allow the divorced spouses to remarry.
The lawmaker stressed that the Philippines is the only country across the globe that outlaws absolute divorce, aside from the Vatican.
“It is hard to believe that all the other countries collectively erred in instituting absolute divorce in varying degrees of liberality and limitations. An en masse blunder is beyond comprehension,” he said. “An erroneous unanimity on such a crucial familial institution defies reason and experience. Obviously, the rest of the world cannot be mistaken on the universality of absolute divorce,” he added.
Other bills incorporated in the substitute bill are HB 838 by Representatives Arlene Brosas, France Castro, Sarah Jane Elago, Eufemia Cullamat, Carlos Zarate, and Ferdinand Gaite; and HB 2263 authored by Representative Pantaleon Alvarez.
The counterpart measure of the divorce bill in the Senate remains pending at the committee of women, children, family relations, and gender equality.
The Senate panel had already conducted a hearing on the measure last September 2019. — with Hana Bordey/RSJ, GMA News
Tags: news, divorce, divorce bill
Please Support Divorce in the Philippines
Alvarez to House leadership: Include divorce bill
Published November 21, 2020, 6:00 PM by Charissa Luci-Atienza
Alvarez to House leadership: Include divorce bill in the chamber’s priority list
“I hope that the present leadership will approve it already,” he said in a text message when asked if he would urge the House Committee on Rules, chaired by House Majority Leader and Leyte 1st District Rep. Martin Romualdez, to calendar the measure for plenary debates and approval.
On February this year, the House Committee on Population and Family Relations approved the measure seeking to legalize absolute divorce in the country.
Alvarez said he will “officially” ask Velasco to include the proposed Absolute Divorce Act in the Lower Chamber’s list of legislative priorities.
He said he will try to push for the passage of the measure this year.
“It is better to be hopeful,” said the former Speaker who authored HB No.2263, the proposed Act instituting absolute divorce and dissolution of marriage in the Philippines.
He recalled that during the 17th Congress, the measure hurdled the House of Representatives on third and final reading. It was transmitted to the Senate, but it did not succeed there, Alvarez said.
“This option, as a remedy of last resort, should be simple, affordable, and accessible to persons who find themselves in an irredeemably toxic relationship which harms the husband, the wife, their children, and destroys the peace, harmony, and health of the family,” Alvarez said.
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Alvarez wishes Pope would study divorce option too
Published October 22, 2020, 5:19 PM by Ellson Quismorio
https://mb.com.ph/2020/10/22/alvarez-wishes-pope-would-study-divorce-option-too/
Alvarez wishes Pope would study divorce option too
Published October 22, 2020, 5:19 PM
by Ellson Quismorio
What about divorce, your Holiness?
Davao del Norte 1st district representative, former Speaker Pantaleon Alvarez said Thursday, Oct. 22, that he would like Pope Francis to reexamine, if not outright support, divorce as a “last resort” for unhappy married couples.
“Let us also hope that Pope Francis likewise has time to revisit the concern about dissolution of marriages and absolute divorce,” Alvarez said in a statement.
“This option, as a remedy of last resort, should be simple, affordable, and accessible to persons who find themselves in an irredeemably toxic relationship which harms the husband, the wife, their children, and destroys the peace, harmony, and health of the family,” he said.
The Mindanao solon’s wish came after the Pope, the head of the Catholic Church, called homosexuals “children of God” who “have a right to a family.”
For Alvarez, this declaration from the Pope might give the awareness and understanding needed for his fellow Philippine legislators to pass the proposed same-sex union law, or House Bill (HB) No.2264.
The previous measure filed in sequence, HB No.2263, is the proposed Act instituting absolute divorce and dissolution of marriage in the Philippines. Both bills have been refiled by Alvarez in the current 18th Congress based on their versions in the previous congress.
“[The proposed absolute divorce law] passed third reading during the 17th Congress, was transmitted to the Senate, but did not succeed there,” the solon recalled.
The Philippines and the Vatican, which is led by the Pope himself, are the only two states in the world that do not have a divorce law.
The only option for unhappy married couples in the Philippines is to file for an annulment of their marriage, which can be a long, tedious, and expensive process.
Divorce in the Philippines
To have and to control
By: Ronald del Castillo - @inquirerdotnet
Philippine Daily Inquirer / 05:05 AM February 22, 2020
https://opinion.inquirer.net/127531/to-have-and-to-control
It is easy to understand why the Church remains shut to divorce. They articulate a conception of ecclesiastical love that is at once eloquent and sanctimonious. But their uncompromising affirmation does not hold holy water.
If the Church insists on asserting itself into marriage and family life, then it must also bear the burden of exercising that freedom. It is wholly nonsensical for religion to make demands on difficult dilemmas but then hide behind liberty of conscience when its theological intrusion is scrutinized. The Church is not off limits to social justice.
Social justice is fairly straightforward. We have intrinsic value because we exist, and we are entitled to equal respect and regard in accordance with that human dignity. And right away, two principles become apparent. We are not to be used as a means for others to fulfill their own dignity. And second, individual choice is central to active striving toward opportunities to plan our own life, which may or may not involve God.
The existence of God is a profound question. But that is the advantage of religion. Zealous believers can concretize a whole set of creeds without having to explicitly answer that that is how God dictated we should behave—as opposed to, say, what fetish worshippers wanted for us. That God has prescribed divine edicts is a convenient and elementary explanation that saves the Church the trouble of looking into any other equally valid ways of living a good life.
The power, influence, and cash box of the Church count for something, but their moral vagueness counts for everything. For the Church, we have value because we are the means for their paternalistic and obtuse priorities. We are not ends in ourselves. We do not have inherent value as we are. Instead, we matter for the Church as long as we have the essential qualifications of heterosexual marriage and naturally conceived biological children.
Any aberration is devalued in gradation, with same-sex relationships and abortion morally equivalent to degenerates, or possibly worse. Divorce is probably not as vile, but still firmly unacceptable.
The Church has created conditions by which it defends its existence. While human liberties expand and progress, the Church relies on the very aegis of its own tradition that effectively boils down to, “Because God says so.” For the Church, not being married means Filipinos are missing out on something amazing and divine.
It willingly chooses to ignore its poor record on social justice. We can, for example, make a strong case that in the Philippines, poverty feeds and sustains the Church. Marriage is, historically, institutionalized inequality, and the Church thrives on inequality. Divorce is a direct threat to its livelihood.
The Church stands up for religious liberty but opposes liberty in other grounds. It is fine that religious leaders and their community sheep cannot, and may never, accept some aspects of public policies and government institutions. They make persuasive arguments that should be heard and considered. Religious affiliation and expression are basic tenets of a thriving democracy.
However, the Church cannot see other plausible paths to human dignity. And so, by design it suppresses alternative ways of living in moral goodness. It struggles to honor the possibility, for instance, that Filipinos can believe in the existence of God and in the divine embodiment of Christ—two essential axioms of Christianity—while flourishing as law-abiding, capable and virtuous divorced adults. Rather, the Church demands a complete ordering of Filipinos in its own image and likeness.
The proposed divorce bill in the House has cleared a committee-level hurdle. It will not be so lucky in the Senate. There, politicians and legislative wonks who believe in the separation of Church and State are ultimately and predictably subservient to religious propaganda.
The Church will uphold religious freedom at the expense of social justice.
—————-
Dr. Ronald del Castillo is professor of psychology, public health, and social policy at the University of the Philippines Manila. The views here are his own.
Read more: https://opinion.inquirer.net/127531/to-have-and-to-control#ixzz6EgoiY6YI
House panel OKs bills legalizing divorce
By Crissy Dimatulac, Glee Jalea, CNN Philippines Published Feb 5, 2020 12:32:47 PM
Metro Manila (CNN Philippines, February 5) — A House committee on Wednesday has approved three measures seeking to legalize divorce in the Philippines — the only remaining state aside from Vatican City that has no divorce law.
These measures — House bills 100, 838 and 2263 — will be consolidated by a technical working group before it will be put to plenary discussion.
Absolute divorce validates the separation between married couples as total and final, allowing the husband and wife to return to their status of being single with the right to contract marriage.
Albay Rep. Edcel Lagman, who has long been advocating for the passage of a divorce bill, will head the technical working group.
"Divorce is not a monster that will destroy marriages and wreck marital relationships. Let us be clear about this — the monsters that lead to the demise of a marriage are infidelity, abuse, financial problems, lack of intimacy and communicaiton, and inequality," said Lagman, who authored House Bill 100 or the Absolute Divorce Bill of 2019.
“It is safe to say that a divorce bill has been approved by the panel subject to consolidation by a TWG, which will meet on 12 February 2020", he added.
Other members of the TWG are Gabriela Rep. Arlene Brosas, A Teacher Party-list Rep. Victoria Umali, Negros Occidental Rep. Juliet Ferrer, and Bukidnon Rep. Ma. Lourdes Acosta-Alba.
Despite this development, religious groups, pro-family advocates who were present in the hearing, and even fellow lawmakers expressed their disapproval of the measure.
For one, CIBAC Party-list Rep. Bro. Eddie Villanueva said that the measure only makes marriage “cheap” as the grounds used as bases for divorce are not in favor of strengthening families.
“What we really need is to improve the annulment process and make it pro-poor in terms of cost and time. It may necessitate an executive action or a legislative one, but certainly not a divorce bill,” said Villanueva.
Speaker Alan Peter Cayetano himself has previously expressed in the past that he does not believe in divorce as a solution to troubled marriages. However, he said that he will still allow a "free and open debate" among his fellow lawmakers, should it be taken up in the lower chamber again.
Before the 17th Congress adjourned, the House approved on third and final reading its previous version of the absolute divorce bill. However, this measure was rejected by the Senate.
Visayas, Mindanao voters support divorce bill
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Visayas, Mindanao voters support divorce bill
Posted December 22, 2019 at 10:10 pm by Manila Standard
The results of an independent non-commissioned survey conducted last month indicate that the majority of the 43 percent of voters hailing from Visayas and Mindanao who are aware of the contentious divorce bill support its passage in Congress.
According to the results of Pahayag VisMin 2019, an independent non-commissioned survey conducted by consultancy firm PUBLiCUS Asia, Inc. among 2,000 registered voters in Visayas and Mindanao from Nov. 15-19, only 36.7 percent of respondents indicated they are aware of the proposed divorce law.
Among the respondents aware of the divorce issue, 52 percent indicated support for the passage of a divorce law, with 42 percent opposing divorce and 6 percent being unsure.
Aureli Sinsuat, PAI executive Director and spokesperson, said support for divorce varies greatly from region to region.
“Support for divorce is strong in Western Visayas, Central Visayas, Davao Region, SOCCSKSARGEN, and Caraga, while opposition against it is strong in Zamboanga Peninsula, Northern Mindanao, and BARMM,” Sinsuat said.
Sinsuat said although the divorce bill won a slim majority of support among aware respondents, the fact that 63.3 percent of Visayans and Mindanaoans are unaware of the issue makes it difficult to draw conclusions regarding the actual level of support for divorce in those critical island groups.
“Divorce has always been a contentious issue in the Philippines, but recently it has fallen off the radar. Advocates of the divorce law would have to do a better job of educating our countrymen about the perceived benefits of divorce for the people if they want to win enough public support to revive discussions about the bill in a Congress filled with influential anti-divorce lawmakers,” Sinsuat said.
Sinsuat also noted that while the majority of respondents aware of the issue believe divorce would negatively impact Filipino families, they also believe that it will help victimized spouses get out of abusive marriages.
“Packaging divorce as a necessary legal mechanism to protect abused spouses from their predatory partners appears to be the strongest argument for its passage in the minds of Filipinos. Divorce advocates should take note of this moving forward,” Sinsuat said.
REASONS DIVORCE LAWS ARE NEEDED
ONE OF MANY REASONS DIVORCE LAWS ARE NEEDED: DUTERTE DRAWS IRE FOR DEFENDING ADULTERY
https://stockdailydish.com/philippines-duterte-draws-ire-for-defending-adultery/
PHILIPPINES‘ DUTERTE DRAWS IRE FOR DEFENDING ADULTERY
Posted by SDD Contributor on December 17, 2019 at 9:12 pm
Philippine President Rodrigo Duterte faced criticism on Wednesday for defending adultery by a powerful political ally.
Duterte had said that like himself, House of Representatives Speaker Pantaleon Alvarez — who has made public his extramarital affairs — had “many wives”.
“This is a world of hypocrisy. Who among you here does not have a mistress?” the president said in a speech aired live on television on Tuesday night, adding it was “a non-issue”.
The comments drew sharp rebukes in the conservative and mainly Catholic nation that remains the last holdout against divorce — apart from the Vatican itself.
“All of it is sexist and misogynistic to explain improper behaviour simply by virtue of being male,” Senator Risa Hontiveros told AFP.
“It sends a message that undermines the many struggles and gains so far for women‘s rights and gender equality.”
Alvarez, the country‘s fourth-highest official, is an old friend and political ally of Duterte.
The politician made headlines in the past week when he publicly admitted having sired eight children, six of them with two women other than his wife.
Duterte, in the televised speech to government employees in Manila, admitted his comments defending Alvarez‘s affairs were “a chauvinist statement”.
“But really there are so many women and you (have) so short a time in this world. My God!” he said in comments that drew laughter from the crowd.
“The thing there is that you‘re able to support the children. That‘s it.”
Duterte said that unlike married Christian Filipinos who are allowed a single wife, Alvarez “never converted to Christianity. So he is not bound by the rules of the number of women that you can have.”
Filipino critics dispute his comments, saying that while Muslim men are allowed to marry more than once, adultery is a criminal offence.
Duterte, 72, whose first marriage was annulled and who is in a long-term relationship with another woman, has openly boasted about having mistresses and using Viagra to have sex with them.
“Who isn‘t entitled to happiness? Ask these lawmakers, how many of them have two, three or four mistresses? Ask them,” Duterte said on Sunday in his first public comments on the Alvarez controversy.
Duterte‘s defence of adultery smacks of a double standard, said Elizabeth Angsioco, national chairwoman of the Democratic Socialist Women of the Philippines.
“These are men in positions of power so it‘s unacceptable and appalling that they just speak lightly of these things. It‘s very dangerous,” Angsioco added.
Duterte was elected by a landslide last year largely on a promise to kill tens of thousands of drug dealers and other criminals.
During the election campaign, the US and Australian ambassadors criticised Duterte for saying he had wanted to rape a “beautiful” Australian missionary who was murdered in a 1989 provincial prison riot in the city where Duterte was mayor.
He reacted angrily to that criticism, saying his remarks had been misinterpreted.
Debate About Divorce In The Philippines
IT'S COMPLICATED: THE BATTLE FOR DIVORCE LAW IN CATHOLIC PHILIPPINES
IT'S COMPLICATED: THE BATTLE FOR DIVORCE LAW IN CATHOLIC PHILIPPINES
Christian V. Esguerra, ABS-CBN News
Posted at Sep 25 2019 04:04 PM | Updated as of Sep 25 2019 04:45 PM
MANILA—Legislators behind the birth control law passed 6 years ago are making a strong push to legalize divorce in predominantly Catholic Philippines, the only other country other than the Vatican without it.
Committee hearings on an “absolute divorce” bill began last week, a first in the Senate, said Sen. Risa Hontiveros, a former party-list congresswoman who championed the Reproductive Health (RH) Law.
But her latest project is facing tough opposition from conservative groups, which had predicted stronger congressional lobby for same-sex marriage, gender equality, and divorce legislation following the RH “framework.”
Hontiveros is also the principal author of a bill imposing jail time for anyone who would discriminate against members of the LGBT community.
“These are all part of a global agenda of destroying our values for life and family and the destruction of humanity,” said Rizalito David, executive director of Pro-life Philippines Foundation.
Proponents tout the divorce bill as way to save spouses from a “loveless” marriage, giving them a second chance at finding a better, and perhaps, lasting, partner.
At present, Philippine laws allow only the nullification of marriage, annulment, and legal separation based on various grounds.
Securing any of these options can be tedious mainly because of the need to protect marriage as an “inviolable social institution,” said Soledad Deriquito-Mawis, who specializes in family law.
The Hontiveros bill covers similar grounds to terminate a marriage or allow legal separation under the Family Code.
But it adds “irreconcilable marital differences,” a highly contentious subject that might torpedo the measure, Mawis said, adding it might range from serious physical abuse to vague disagreements.
“Yung konsepto ng irreconcilable differences, yan talaga 'tong laging pinag-aawayan,” she told ABS-CBN News. “Ano yun? Is it just because hindi tayo magkasundo, yun na yun?”
OPTIONS
A nullified marriage means it’s void from the beginning. Grounds include incestuous or bigamous marriages, or if one party is below 18 years old.
Annulment pertains to the “termination of a voidable marriage by a court of law based on a defect in one or more of the essential requisites of marriage that occurred at the time of its celebration,” lawyer Evalyn Ursua wrote in 2014.
A marriage may be annulled if, say, a party did not disclose a previous conviction by final judgment of a crime involving “moral turpitude.”
Concealment of a sexually transmissible disease “existing at the time of the marriage” are also grounds for annulment, according to the Family Code.
SECOND CHANCE
The divorce bill also covers the grounds on which a spouse may petition for legal separation such as drug addition or habitual alcoholism, homosexuality, sexual infidelity or perversion.
“Physical violence or grossly abusive conduct” need not be considered “repeated” to be considered as a ground for legal separation, according to the bill.
And unlike legal separation where the marriage remains intact, divorce will allow spouses to remarry.
“For those who are happily married, that’s wonderful kasi naabot yung layunin ng marriage,” Hontiveros told ABS-CBN News in a previous interview.
“But this bill is for those (wives) and also husbands who would like a second chance at life.”
BATTERED WIFE
Judging by cases she has handled over the years, Mawis said it might be time for the Philippines to consider a divorce law.
“Nobody can teach you or tell a person to stay in love with this guy,” she said. “You might as well terminate a loveless marriage, lest you want others to commit sin. Eh talagang wala na eh.”
Under the law, a battered wife may resort to legal separation but the marriage with the abusive husband will remain intact, she noted.
“What if she falls in love again and this time with a man who’s really mabait and everything? Why not give her a second chance?” she said.
In a previous statement, the Catholic Bishops’ Conference of the Philippines urged lawmakers to consider that a divorce law “might end up destroying even those marriages that could have been saved by dialogues or the intervention of family, friends, pastors, and counselors.”
David said spouses in “untenable” marriages could resort to annulment, which need not be expensive.
“The Philippines not having a divorce law should be a cause of celebration and not of regret and distress,” he told ABS-CBN News.
“This simply means that we value the importance of marriage and family as foundations of a truly caring and progressive nation.”
Philippines Divorces In The News August 13, 2019
BUSTING SOME MYTHS ABOUT THE ABSOLUTE DIVORCE BILL IN THE PHILIPPINES
BUSTING SOME MYTHS ABOUT THE ABSOLUTE DIVORCE BILL IN THE PHILIPPINES
POSTED ON AUGUST 12, 2019
BY JACQUELINE ARIAS
WHY ARE FILIPINOS SO AGAINST DIVORCE?
The quick answer is because we are a dominantly Catholic country and we are taught that marriage is a religious sacrament, which can only be dissolved “’til death do us part.” Many critics of divorce—politicians and regular citizens alike—would often say that passing a divorce law in our country would destroy the institution of marriage.
What many forget is, beyond being a sacrament, marriage is considered a civil contract under the law.
Although couples could file for an annulment or a legal separation, both aren’t easy fixes. A lot of time, money, and emotional distress can come from going through these processes. What’s worse is the former only allows the proof of psychological incapacity, while the latter won’t necessarily unbind couples from marriage. If a marriage isn’t working, couples should be able to leave with as little struggles as possible.
READ MORE: What you really need to know about getting an annulment
https://preen.inquirer.net/99223/what-you-really-need-to-know-about-getting-an-annulment
According to the proposed absolute divorce bill filed by Sen. Risa Hontiveros, this will make it easier and more affordable for couples, especially those who’ve been separated for more than five years, to dissolve their marriage. This will be based on grounds like psychological incapacity, abuse, and also irreconcilable differences (no-fault). It also allows couples to agree on alimony and child support.
However, this has brought about several concerns and myths from critics, especially with the possible existence of a no-fault divorce. In order to debunk these, we joined Sen. Hontiveros and pro-divorce advocates in a roundtable discussion last Saturday. We’re sharing three takeaways in hopes of educating the skeptics out there:
MYTH: DIVORCE DESTROYS THE SANCTITY OF MARRIAGE
“How could divorce destroy the sanctity of family and marriage when we have no more respect for each other?” an advocate from Divorce Pilipinas Coalition asked.
It’s a valid argument considering that people get married because they want to spend the rest of their lives together. Even in our Marriage and Family class in college, we were taught that love should be the center of a marriage. If the love and respect falter, couples shouldn’t be forced to stay and fix problems that can’t be fixed, which is something politicians like Sen. Koko Pimentel have suggested time and again.
MYTH: AN ABSOLUTE DIVORCE BILL WILL OPEN DOORS FOR “VEGAS-STYLE” MARRIAGES
Pimentel recently expressed his disapproval of no-fault divorce because he said it’s too Westernized. Senators Panfilo Lacson and Bato Dela Rosa also said they’re not for “unli” divorces, calling it a “Vegas-style drive-thru wedding and a drive-thru divorce.”
READ MORE: Divorce and dissolution of marriage are the same thing, Sen. Pimentel
https://preen.inquirer.net/97861/divorce-and-dissolution-of-marriage-are-the-same-thing-sen-pimentel
Lacson and Dela Rosa are citing the shotgun wedding trend in Las Vegas. But what they fail to note is that there are people who get married in Las Vegas, specifically the Little White Chapel, but don’t get marriage licenses after. Hence, their union isn’t legal.
Nonetheless, some are worried that people would abuse the irreconcilable difference grounds. Atty. Gideon Peña also raised this question at the RTD, saying, “We might see spouses entering into a marriage without thinking about it because of the knowledge that they can end it anytime… We don’t want couples to enter and then end it in a week’s time.”
If there are people concerned about this too, think about this: Even our relationships don’t work out after a short or long period of time. We don’t enter into a relationship, or in this case, a marriage thinking that we’re going to split with them eventually.
For example: Malta, which passed their divorce law in 2011, has the lowest divorce rates in Europe. This means that despite the law being passed, citizens didn’t immediately run to the courts and get divorces in a snap.
The Philippines is the last country that hasn’t legalized divorce. So it’s also possible that the divorce rates won’t spike immediately if the absolute divorce bill does pass in the 18th Congress.
As gender studies professor and psychologist Dr. Sylvia Claudio noted: “Frivolous divorces are not the responsibility of the bill, but of society.”
READ MORE: Why in the world don’t we have divorce in the Philippines?
https://preen.inquirer.net/28920/why-in-the-world-dont-we-have-divorce-in-the-philippines
MYTH: CHILDREN WILL BE AFFECTED BY DIVORCE THE MOST
Divorce Pilipinas Coalition advocates all said their children were understanding about their parents splitting up, so it’s also not difficult for them to accept a divorce law. Sen. Hontiveros cited in a Facebook post that divorce would save children from living in a household where abuse and trauma exists.
Sports reporter Ceej Tantengco noted that this bill could create a new normal for Filipino children, saying that parents could set a good example for them if they decide to get a divorce. “Makikita nila na hindi normal ang masaktan, hindi normal na may nananakit, at hindi selfish ang makipaghiwalay,” (The children will see that it’s not normal to get hurt or to have someone hurt you, and it’s not selfish to break up with your spouse) she said. “May karapatan ka maging masaya, at kung malagay sila sa sitwasyon na ganun, alam na nila ang gagawin.” (They have the right to be happy, and if they’re placed in a similar situation, they’ll know what to do in the future.)
Also, as mentioned earlier, the absolute divorce bill will allow parents to talk about child custody and child support. This means parents are given the option to choose how they want to split expenses and how they’ll take care of their kids together even after they’ve split up.
***
Ultimately, Sen. Risa Hontiveros believes people wouldn’t abuse this law in any way possible, saying that spouses would file for divorce in good faith. Especially for people who’ve been wanting to get out of their abusive marriages for good and without having to spend an exorbitant amount of money. What she wants now is for the bill to pass during the 18th Congress and for the Senate to support the cause.
Philippines Divorce In The News August 12, 2019
[OPINION | Dash of SAS] The Divorce Bill: Legislating love, sex and marriage
[OPINION | Dash of SAS] The Divorce Bill: Legislating love, sex and marriage
Ana P. Santos
Published 10:14 AM, August 11, 2019
https://www.rappler.com/thought-leaders/237525-dash-sas-divorce-bill-legislating-love-sex-marriage
It is the judicial system infested with corruption and bribery that make a mockery of the institution of marriage – not the two people who once vowed to love each other till death do them part but failed
To some legislators, the Divorce Bill is like a red flag to a raging bull.
They come charging at it with impassioned counter arguments:
“Over my dead body.” Senator Joel Villanueva, son of born again Christian group leader charged with misuse of P10M of Priority Development Authority Funds (PDAF).
Well, given how long annulment proceedings take, death can come faster.
"Ok to divorce but not unli,” said noob Senator Ronald “Bato” dela Rosa who is heading the Senate panel probing the drug war that he led as former Philippine National Police (PNP) chief.
But even unli-load lasts for only 3 days. Then you have to load up again.
“Ok to divorce, but you cannot remarry,” according to Senator Ping Lacson.
That option already exists. It’s called legal separation. Under legal separation, you can legally separate everything – your bed, your finances--but you cannot marry again.
“It’s not the right time for us to have divorce. I think we will have a hard time because we are a predominantly Catholic country,” said Senator Cynthia Villar, real estate magnate and author of the recently passed Rice Tarification Law that has reportedly led to the influx of cheaper imported rice and the closure of thousands of local rice mills who could not compete. Villar is currently the head of the Senate Committee on Agrarian Reform and Agriculture & Food.
We already have divorce. Under the Code of Muslim Personal Laws, Muslim Filipinos can divorce. Our ancestors like the Tagbanua in Palawan, the Gaddang in Nueva Vizcaya and the Cordillerans all practiced divorce before the Spanish came and changed the rules. Various permutations of divorce were allowed under the American Period and the Japanese Occupation until the Civil Code was passed in 1950 and again outlawed divorce. To date, the Philippines is the only country in the world without divorce. Divorce is also outlawed in The Vatican City State but its residents are mostly men who vowed to celibacy so that doesn’t really count.
“Hindi ako pabor sa divorce kasi (I am not in favor of divorce because) I’m a Christian. What God joined together, let no one separate,” said bible quoting Senator Manny Pacquaio. The boxing world champion also claimed that he is a marriage counselor.
All of these counter agreements to divorce are premised on personal opinion or some baseless prediction that if a divorce law is passed, those with repressed heartbreak will finally be able to move on and do the unthinkable: trade in their Netflix binge watch weekends for a marrying-divorcing-re-marrying-divorcing spree to possibly to make up for all those years when they were imprisoned in failed marriages.
Some of the rationale is punitive.
“You err once, you make amends; you err twice, you deserve to suffer,” Lacson said on Twitter. The former PNP Chief Superintendent, who was among those cleared of murder charges in the Kuratong Baleleng rubout in 2012, said that divorce should only be “once in a lifetime”. Lacson plans to introduce an amendment to the Divorce Bill that will prohibit the spouse who filed for divorce from remarrying, but the one who did not file may do so.
Lacson hinted at a change of heart when he later tweeted: “Apropos my tweet on divorce, legislation is enhanced by listening to people, sensible or not. Even nonsense sometimes makes sense. When the measure us put to a vote, it is important that we are well-informed and guided.”
The social media backlash may have helped in his illumination.
As different versions of the Divorce Bill have been re-filed at the lower and upper House this 18th Congress, we can expect the discussions to become even more heated.
In the aid of legislation, how about elevating the discourse and discussing the legal basis for a Divorce Law and how simplifying the process of dissolving marriages would greatly reduce corruption?
In 2015, Rappler published an investigative report series called, “The Business of Annulment” which exposed the rampant corruption in the judiciary. Courts functioned as annulment mills and churned out annulment decisions in wholesale quantities. Stenographers copy pasted old annulment decisions and changed only the names of the couple. To cope with the quantity, stenographers in one court reportedly resorted to making up the personal testimonies of the complainants, drawing inspiration from telenovelas. Con artists posed as lawyers and scammed people out of hundreds of thousands of pesos by giving them fake annulment decisions. Municipal officers doubled as “fixers” promising that they knew someone “on the inside” who could cut down the annulment process from the usual minimum 3 to 4 years to 6 months. One room in the Philippine Statistics Office (PSA) is stacked high with annulment decisions--all fake.
In one particularly ludicrous case, a friend of mine filed for annulment from his estranged wife only to find out that she had secured one years ago from a court in a remote province that he had to Google to locate. She never bothered to tell him about this small detail until he told her of his plans to file for annulment.
The current annulment process breeds corruption in the already problematic and case-loaded judicial system. Its legal provisions defy logic and common sense. For example:
1. The grounds for Annulment or Declaration of Nullity are fixed and do not include domestic violence or infidelity as grounds for annulment. (These conditions are under legal separation--that option that lets you live apart but not remarry.) Many resort to “psychological incapacity” which means having to undergo a psychiatric evaluation and prove beyond a reasonable doubt that the spouse cannot fulfil the responsibilities and obligations of matrimony. If that sounds vague, it’s because it is. (READ: Rappler: Untying the Marriage Knot 101)
2 The anti-collusion provision means that there should be no consensus, connivance or collusion between the couple to obtain an annulment, meaning the could should not mutually want to severe the marriage; one must contest the annulment proceeding.
3. The judge has the final say in granting an annulment. A judge who does not know you from Adam decides whether or not your annulment petition has merit. The judge has the power to deny your petition, forcing you to stay married to someone whom you may not have seen or spoken to in years.
To be clear, legalizing divorce does not excuse the government from going into the bigger fixes for corruption like the automation of certain processes but if the State is serious about eliminating any whiff of corruption, legalizing divorce is a crucial first step.
It is the judicial system infested with corruption and bribery that make a mockery of the institution of marriage--not the two people who once vowed to love each other till death do them part but failed.
Offering a humane and respectful way of dissolving a marriage honors the happy loving years that a couple spent together while acknowledging the reality that the union is no longer tenable. A simplified and realistic way to dissolve marriages through a Divorce Law that adequately reflects life’s realities that lead to failed marriages makes the heartache easier to bear for the couple and their children.
Divorce is the just way to legislate love, sex and marriage. – Rappler.com
Ana P. Santos is Rappler’s gender and sexuality columnist. She is the 2014 Pulitzer Center on Crisis Reporting Miel Fellow and a 2018 Senior Atlantic Fellow for Health Equity. Follow her on Twitter at @iamAnaSantos.
Divorce In Philippines News - August 08, 2019
Hontiveros includes violence against women as grounds for divorce
https://news.mb.com.ph/2019/08/07/hontiveros-includes-violence-against-women-as-grounds-for-divorce/
Hontiveros includes violence against women as grounds for divorce
Manila Bulletin
Updated August 7, 2019, 8:13 PM, By Gabriela Baron
Senator Risa Hontiveros who refiled “The Divorce Act of 2019” seeks to include violence against women as a strong ground for dissolution of marriage.
Unlike in annulment, which the Philippines currently has, violence against women is not a strong ground for separation.
“Kailangang repeated physical abuse. E kung minsang in-assault ‘yong babae, even if it was a very grievous injury she suffered, she cannot sue for separation.” (It needs to be a repeated physical abuse. But what if a woman only suffered one grievous injury? She still cannot sue for separation.) said Hontiveros during an interview with ANC.
In the senator’s proposal, it doesn’t have to be a repeated abuse.
According to Hontiveros, the Philippine Statistics Authority says that 1 in 4 women suffer long spousal abuse.
“Women are more vulnerable to be trapped in these abusive, even violent, unhealthy, loveless unions because of the lack of economic and legal recourses.”
Other grounds for the dissolution of marriage include irreconcilable differences, psychological incapacity, and marital rape.
Philippines Divorce Update - August 07, 2019
"you deserve to suffer,” Lacson said
https://newsinfo.inquirer.net/1151095/lacson-dela-rosa-no-to-unli-divorce-for-ph-couples
LACSON, DELA ROSA: NO TO ‘UNLI’ DIVORCE FOR PH COUPLES
By: Leila B. Salaverria - Reporter / @LeilasINQ
Philippine Daily Inquirer / 07:22 AM August 07, 2019
Unlike in other countries where spouses can file for divorce as many times as they want, that option for ending a troubled marriage should be available only once for couples in the Philippines, according to two lawmakers.
Sen. Panfilo “Ping” Lacson on Tuesday broached the idea of allowing “once-in-a-lifetime” divorce in the country, lest husbands and wives exploit the system by having “a Las Vegas-style drive-thru wedding and a drive-thru divorce.”
“You err once, you make amends; you err twice, you deserve to suffer,” Lacson said on Twitter.
The Philippines and the Vatican are the only remaining states in the world that disallow divorce.
Lawmakers and advocacy groups pushing for the approval of a divorce bill in the country have been met with strong resistance from the Catholic Church and in Congress itself.
Who can, cannot remarry
Speaking to reporters, Lacson said he would suggest an amendment to make divorce a onetime thing. Under his proposal, the spouse who filed for divorce would not be allowed to remarry, but the one who did not file could do so.
“The former will think a million times before he or she files for divorce since you won’t be able to marry if you were the one who filed for divorce and it was granted,” he said.
“We don’t want to cheapen also the importance of marriage,” he added.
Sen. Ronald “Bato” dela Rosa, who was initially against divorce out of concern for the children, supported Lacson’s proposal, saying it would be beneficial to all parties concerned.
“It’s OK to make a mistake once. But the second time, it’s deliberate, it’s no longer a mistake,” Dela Rosa told reporters.
Upgraded annulment law
Senate President Vicente Sotto III, however, said his colleagues were more likely to support a measure that would allow the dissolution of marriage than something that would push for divorce.
They would rather go for “an upgraded annulment law,” Sotto said.
“The consensus at this point is—not all—but there is a problem [with] the word divorce. It seems it would be easier for most of us if we would talk about dissolution of marriage. In other words, it’s an upgraded annulment law,” he told reporters.
He explained that in an upgraded annulment law, the requirements for dissolving a marriage could be relaxed. The participation of the Office of the Solicitor General, for example, could be scrapped, he said.
Sen. Risa Hontiveros moved to gather support for her divorce bill in a meeting with allied advocacy groups on Monday.
Hontiveros said she could not yet say if she would have enough votes for her bill to gain Senate approval, but that she was looking forward to debates on the measure.
“I’m not yet confident, but I am very hopeful, based on the initial statements of my colleagues in the Senate,” she said.
Long, costly process
Mark Luna, a member of the Divorce Advocates of the Philippines, said his group was pushing for divorce because getting an annulment in the country had become costly, entailed a lot of requirements, and often took too long to be approved by the court.
“Why does the state have to tell us that our marriage is null and void from the very beginning? Why can’t we just have one reason why the marriage broke down, which is a more realistic approach in ending irreparable marriages?” Luna told reporters.
To get an annulment, one has to charge his or her spouse with “psychological incapacity,” he noted, but marriages were breaking down because of factors like infidelity and this did not necessarily mean a marriage that was void from the start.
Divorce would give individuals freedom from broken marriages, aside from allowing them to marry again, Luna said. “Marriage becomes a (mere) piece of paper if one spouse violates it.”
News About Philippines Divorce - August 01, 2019
CAYETANO PUSHES ANEW FOR DIVORCE BILL AT THE SENATE
CAYETANO PUSHES ANEW FOR DIVORCE BILL AT THE SENATE
Published July 31, 2019, 7:01 PM By Hannah Torregoza
https://news.mb.com.ph/2019/07/31/cayetano-pushes-anew-for-divorce-bill-at-the-senate/
Senator Pia Cayetano on Wednesday said she has no plans to disrespect any religious belief or organization in her push for the passage of the bill that seeks to legalize absolute divorce in the Philippines.
Like Sen. Risa Hontiveros, Cayetano filed her own version of the divorce measure, Senate Bill No. 288 or the Absolute Divorce Act of 2019.
Cayetano had earlier filed the measure at the House of Representatives in the 17th Congress but the measure was not approved due to the Senate’s lack of support and consideration on the institutionalization of divorce in the Philippines. The senator re-filed the measure at the Senate this 18th Congress.
“What I always reiterate, for those who are against it, you don’t have to avail of it. For those who are against it, in your own church, in your own religious organization, you can continue to believe what you want to believe. That is your supreme right,” Cayetano told reporters in an interview.
“And never ko po aapakan or never ko… Wala ho akong karapatan na kwestyunin ang paniniwala ng mga tao (I would never trample…I don’t have the right to question the belief of people) when it comes to spiritual and religious reasons,” she said.
But when it comes to legal issues, Cayetano said she has an obligation to have an open mind and pass laws that would be applicable to all Filipinos who want to avail of this legal remedy.
“Kasi remember, this is a kind of law that is not mandatory, this is a kind of law that people can avail of. ‘Yun ‘yun eh, may difference ‘yun (There’s a difference). Let’s say its an option,” she said.
Cayetano said that when the divorce bill was being at the Lower House, they had “tried to look for middle ground” to ensure that all concerns and the needs of the parties involved would be addressed.
“If I remember right, (there are cases where someone had to cope with) three years of support for the spouse who was dependent on the working spouse. Kasi ‘yung objective nga is mag-move on ka na, try to get gainfully employed also,” she pointed out.
“But I want to have an open mind about it if kailangan longer, kasi the objective din naman is to not abandon the spouse who dedicated their life to being a homemaker, whether it’s a man or a woman, it applies both ways,” she said.
Some senators she noted have expressed openness on the divorce bill and is vouching that debates on the issue would be fruitful in the upper chamber.
“So I’d like to believe, I’d like to hope that people would have an open mind,” she said.
Senators who have expressed openness on the divorce bill include Sen. Grace Poe while Senate President Vicente Sotto III said he is looking forward to the chamber’s debates on the measure.
Poe had admitted she had a change of heart after seeing many Filipino women suffering in an abusive relationship. She initially supported strengthening the country’s annulment process and making it accessible especially to the poor.
“But now, when I see that many Filipino women are abused and prevented to start anew with their lives, I am thinking that maybe, it is really high-time to discuss divorce,” Poe said in a radio interview.
Poe said she could only hope that Congress would be able to pass a divorce law that has sufficient safeguards against abuse.
Philippines Divorce In The News
ROMUALDEZ BILL EASES PROCESS OF ANNULMENT
ROMUALDEZ BILL EASES PROCESS OF ANNULMENT
http://www.manilastandard.net/news/top-stories/300757/romualdez-bill-eases-process-of-annulment.html
posted July 26, 2019 at 01:45 am by Maricel Cruz
A bill proposing civil recognition of all church-decreed annulments to make them accessible and not expensive to many Filipinos has been filed at the House of Representatives.
House Majority Leader and Leyte Rep. Martin Romualdez and Tingog party-list Rep. Yedda Marie Romualdez filed House Bill 11577 recognizing the civil effects of church annulment.
“Priests, pastors, imams, and rabbis who solemnize marriage must have the authority to solemnize granted by the State,” the Romualdez couple said in defending the measure, or ‘‘An Act Recognizing the Civil Effects of Church Annulment, Declaration of Nullity and Dissolution of Marriages and for other Purposes.’’
“Therefore, if a marriage can be legitimately contracted under the laws of the Church, then it follows that under the same laws, such marriage can also be nullified or annulled.”
Meanwhile, Davao del Norte Rep. Pantaleon Alvarez has refiled the absolute divorce and civil partnership bills?two of the measures he pushed during his term as Speaker of the House of Representatives?in the 18th Congress.
In the previous Congress, the House approved on third and final reading its version of the absolute divorce bill, then numbered House Bill 7303, but the Senate did not approve it.
The Romualdez couple said the bill will not jeopardize the indissolubility of marriage.
While safeguarding the sanctity of marriage, the Romualdez couple said, their bill is an offshoot of Pope Francis’ decision to simplify the procedures for annulling marriages in the Catholic Church after the complaints that its current system is cumbersome, costly and often unfair.
They recalled that Pope Francis’ introduction of a “briefer annulment process that involves the local bishop, and requires only a single judgment, dropping the need for an automatic appeal to a higher tribunal,” will be useless if the state will not recognize the Church annulment.
Pope Francis even asked bishops that the annulment process be free of charge or at least be subsidized for those who cannot afford it.
Under Presidential Decree 1083, the State recognizes divorce under the Code of Muslim Personal Laws of the Philippines, which is based on the Sharia or Islamic law.
“Under the principle of equality before the law, if a Muslim divorce is recognized, there can be no serious objections toward the recognition of the civil effects of a marriage by an established and duly recognized religious denomination, the proposed law says.
Before the 17th Congress ended, the House of Representatives with an overwhelming 203 votes approved the bill on third and final reading.
The bill provides that whenever a marriage, duly and legally solemnized by a priest, minister, rabbi or presiding elder of any church or religious sect in the Philippines, is subsequently annulled or dissolved in a final judgment or decree in accordance with the canons or precepts of the church or religious sect, the said annulment or dissolution shall have the same effect as a decree of annulment or dissolution issued by a competent court.
The measure provides that the status of children of marriages subject of the Church annulment decree shall be determined in accordance with the provisions of Executive Order 209, otherwise known as the Family Code of the Philippines.
In case the ground for Church annulment decree is not similar to any of the grounds provided in the Family Code of the Philippines, their common children born or conceived before the issuance of the Church annulment shall be considered legitimate.
Philippines Divorce In The News
BILLS ON DIVORCE, CIVIL PARTNERSHIP, 5 YRS OF SEPARATION AS GROUND FOR ANNULMENT FILED
Bills on divorce, civil partnership, 5 yrs of separation as ground for annulment filed
By: Pathricia Ann V. Roxas - Reporter / @PathRoxasINQ INQUIRER.net / 04:37 PM July 24, 2019
MANILA, Philippines — Surigao del Norte 2nd District Rep. Robert Ace Barbers has filed a bill allowing five years of separation as another ground for nullifying a couple’s marriage, while former Speaker and Davao del Norte 1st District Rep. Pantaleon Alvarez refiled his absolute divorce and civil partnership bills.
House Bill No. 502 seeks to amend Title I, Chapter 3, of Executive Order No. 209 or the “Family Code of the Philippines” by introducing Article 45-A which provides that a “marriage may also be annulled if the parties have been separated in fact for at least five years.”
In his explanatory note, Barbers said HB 502 seeks to acknowledge a factual and existing marital condition for many Filipinos.
“Without dwelling on the deeper reasons behind the separation, this bill offers a remedy without opening a Pandora’s box or a can of worms that are usually present during annulment proceedings,” he said.
Barbers argued that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.
DIVORCE, CIVIL PARTNERSHIP
Alvarez, meanwhile, has refiled his pet bills, Absolute Divorce Bill under House Bill No. 2263 and Civil Partnership Bill under House Bill No. 2264.
HB 2263 seeks to provide spouses in “irremediably failed marriages” to secure an absolute divorce decree under limited grounds, to protect children from pain and stress resulting from their parents’ marital problems, and to grant divorced spouses to marry again.
Under the proposed civil partnership measure, all benefits and protections granted to spouses in marriage under existing laws, administrative orders, court rulings, or those derived as a matter of public policy would also be enjoyed by civil partnership couples.
“This bill… hereby proposes to allow couples to enter into a civil partnership, whether they are of the opposite or of the same sex,” Alvarez said.
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HONTIVEROS RENEWS STRUGGLE FOR DIVORCE LAW
By: Leila B. Salaverria - Reporter / @LeilasINQ Philippine Daily Inquirer / 05:12 AM July 11, 2019
Read more: https://newsinfo.inquirer.net/1140313/hontiveros-renews-struggle-for-divorce-law#
Philippine Daily Inquirer / 05:12 AM July 11, 2019
MANILA, Philippines — After repeated attempts since 2005, another lawmaker is seeking to renew the struggle to give estranged spouses a second chance at happiness via a divorce law.
Sen. Risa Hontiveros has filed another divorce proposal in the Senate after the chamber ignored last year House Bill No. 7303, that would have legalized divorce in the country.
The House of Representatives passed a divorce bill during the 17th Congress, but its counterpart bill in the Senate was left to die a natural death in committee.
Like other lawmakers before her, Hontiveros said spouses in failed marriages, particularly women, should be given all the chances available in this world to find true and meaningful relationships, and build nurturing families.”
Hontiveros’ focus, like that of former Rep. Emmi de Jesus who sheperded HB 7303, was on women trapped in abusive relationships.
Stiff opposition
But she is likely to be met with stiff opposition as other lawmakers experienced when they filed divorce proposals since the 13th Congress in 2005.
Several lawmakers have made similar attempts during the 14th, 15th, 16th and 17th Congress. All failed.
But Hontiveros insists that a divorce law would give freedom to many Filipinos, allow them to build new lives and show real respect for family and marriage.
“Not a few women have fallen victim to domestic violence and psychological abuse,” she said, noting that the Philippine Statistics Authority found in 2018 that one in four women experience spousal abuse.
“Unhealthy marriages bring trauma that are passed on for generations through children,” Hontiveros said.
“The passage of a divorce law is one of the ultimate forms of freedom we can give Filipino women. When we give them the real chance to turn the page,” she said.
In The News
THE PHILIPPINES IS ONE OF TWO COUNTRIES WHERE DIVORCE IS ILLEGAL, TRAPPING WOMEN IN MARRIAGES
By Tasha Wibawa Updated 8 Oct 2018, 3:31pm
The Philippines is one of the only countries in the world where divorce is illegal, often trapping women in toxic marriages with no way out.
Key points:
Nearly 90 per cent of the Philippines' population identify as Catholic
No progress has been made since the divorce bill passed through the Lower House in March
The only method to legally leave a marriage is through an annulment many can't afford
According to a report published this year by the Philippine Statistic Authority, one in four married women in the Philippines have been assaulted by their partner or husband.
Patti Gallardo-Marcelo is one of those women.
"I was battered physically, emotionally, sexually and financially by my former partner for 24 years, starting at the age of 16," she told the ABC.
A woman holding a microphone in front of a presentation that reads "I am a domestic violence survivor"
Ms Gallardo-Marcelo, who married her former husband at a young age, she said she unwittingly became a victim.
"While most girls were celebrating their introduction to society, I was already experiencing snippets of manipulation and control that I mistook for love," she said.
While the Philippines is one of two countries left in the world where divorce is illegal — the other being Vatican City — the country is making moves towards its legalisation.
A divorce bill was passed in the country's Lower House of Congress this March, despite opposition from President Rodrigo Duterte, who also had a failed marriage.
The bill would allow the court to dissolve marriages which are considered "irremediably broken" and for individuals to remarry a person of the opposite sex.
Nearly 90 per cent of the Philippines' population identify themselves as Catholic — and the bill has now become a struggle between the majority conservative ideals and the progressive wings of parliament.
PRESIDENT DUTERTE IS AGAINST DIVORCE
Nearly seven months on, the bill has remained stagnant. But even if it passes in favour in the senate, Mr Duterte could still use his veto powers to cancel it.
"The President is against divorce," Mr Duterte's spokesperson said in a press conference after the move in March this year.
Former house speaker Pantaleon Alvarez, one of the principal authors of the divorce bill, said the bill had made little progress due to strong lobbies against divorce by supporters of the Catholic Church.
"[The Catholic Church] should respect our position as a Government official because we have an obligation to the entire nation, irrespective of whatever religion they belong [to]," Mr Alvarez said.
"The majority and minority [in the Lower House] worked together, there was no opposition.
"They supported the bill. I don't understand why the Senate of the Philippines are so afraid to deliver it and pass the bill."
Spousal violence is the most common form of violence experienced by women aged between 15 and 49, the Philippine Statistic Authority figures show.
The findings were based on a preliminary result from the 2017 national demographic and health survey, which found 26 per cent of women in that age group have experienced physical, sexual, or emotional violence by their husband or partner.
"[By not recognising a right for] divorce, it is really hell for those who would like to move forward into new relationships," Ms Gallardo-Marcelo said.
ANNULMENT IS A LUXURY FEW CAN AFFORD
For politicians like Mr Alvarez and Mr Duterte, leaving their marriages is more feasible than for most of the country's poorer and vulnerable residents.
The process is a luxury few can afford — taking up to 10 years in the overburdened court system and costing thousands of dollars.
The only method to legally end a marriage is through a civil procedure called an annulment, where the marriage is declared null and void from the beginning on the grounds of "psychological incapacity".
"For instance, when entering a marriage, one party is not prepared to enter married life, say they failed to perform their obligation as a husband or a wife … that can be considered as a psychological incapacitated spouse," Mr Alvarez said, adding that there were many ways to interpret the phrase.
Ms Gallardo-Marcelo said she escaped her marriage in 2002, but it took five years and 150,000 Philippine pesos ($3,888) — about 56 per cent of an average Filipino family's annual income — to file a criminal case against her ex-husband and nullify the marriage.
"Both cases left me drained emotionally and financially," Gallardo-Marcelo said, adding that she is no longer a victim.
In a country that criminalises adultery and concubinage, married women who have another relationship can be jailed up to six years while married men who are proven to be living with another woman can be jailed for up to four years.
LAW 'BIASED' AGAINST DOMESTIC VIOLENCE SURVIVORS
While the Philippines Government signed the Anti-violence against women and their children Act in 2004 — aimed at protecting women and children on a range of violence — many feel that it's not enough.
"It assumes that there is violence but that is not always the case, and there are still social effects on the children and couples," Mr Alvarez said.
Ms Gallardo-Marcello said the archaic court system was one of the reasons why many women don't file abuse cases.
"Very few cases are successful [because] many women are intimidated by the process and uninformed about how the law can assist them," she said.
"I have moved forward and a lot of the women we have helped have moved forward as well.
"There are a lot of us who have stories to tell … some find it difficult to "make kwento", that is why I do what I do," she said.
"Make kwento" translates to "tell their story like it is".
Ms Gallardo-Marcello has since started a local NGO called SAVE Our Women, short for Stop the Abuse and Violence, in 2007.
Information About Divorce In The Philippines
The Case Of Divorce In The Philippines
By Featuresdesk (ICG) on July 3, 2019
http://pageone.ph/the-case-of-divorce-in-the-philippines/
The Philippines remains to be one out of the only two countries left where divorce is illegal (the other being Vatican City where the Pope resides). With a large majority of its population being Roman Catholic, it really isn’t a surprise why the case of divorce is still seen to be intrusive and definitely a big no-no in accordance with Catholic beliefs. Matrimony is, after all, a sacred sacrament and therefore must really be thought of before finally going through with it especially since, afterwards, the only thing that should separate the couple will be death.
Nevertheless, a steady growing amount of Filipino people have really been pushing for a divorce bill to finally be passed simply because there truly are such things as abusive and unhealthy relationships both physically and mentally. Just like with any other type of relationships (work-wise or friendships), things can turn sour and for the worst beyond repair. The thing is, there are just some things in life that we can’t always fix and it seems like it really is just part of everyone’s individual journey here on Earth where certain people must come and go. That’s probably one of the key things that makes life…life. We can’t please everybody (or even continuously please them to their liking) and as that saying by Dita Von Teese goes, “You can be the ripest, juiciest peach in the world, but there’s still going to be someone who hates peaches [sooner or later].”
Additionally, being in an imperfect world and being imperfect people means that even an initial happy marriage can turn toxic for several reasons??—something that even counseling or family trips to take one’s mind of “unnecessary” stressful things can’t save. Given that we accept this plain old fact about life and ourselves, why is it so hard for some fathom how marriages can fail no matter how many years it has already accumulated? Suffice to answer, it lies in the people’s beliefs and, again in the case of the Filipino people, it lies in the Catholic belief of till death do the couple part. Through thick and thin, the two must learn to work things out because, in the end, love is stronger than anything else.
Which is why, of course, at most times it is best to try and talk things out with those people whom we begin having certain relationship rifts with. See where the wrongs lie because it takes two to tango in any relationship and sometimes that means both parties are guilty of doing something wrong. Then, at least in doing so, both can not only try to salvage the relationship (and both can not only claim that they’ve tried) but also make it even stronger in communication and understanding if both manage to clear things up with one another (bearing in mind that BOTH must be willing to keep an open mind when it comes to hearing the side of the other or else there really won’t be any fruition with the entire process).
But what if, even after doing the whole trying to talk things out, nothing still happens or the effects are short-lived? What if after all this, its at the expense of one’s own well-being (something which we all have the right to experience in its fullest) in keeping the relationship alive just because of certain beliefs? And what if its also affecting the well-being of one’s children? Does this not count as a legitimate reason enough to end a relationship? Because should we not be entitled to loving ourselves as well? And for parents, shouldn’t it be their children’s welfare above anything else really?
And those are exactly the reasons those Filipinos who are waiting for a divorce bill to finally become a reality are saying. Because there really are such things as truly toxic marriages and people. Because there really are such things as physically and emotionally abusive spouses whose bad side only appeared after the marriage occurred. Those things happen in reality and what’s sad is that it has to take for someone to personally experience it before finally sympathizing or empathizing with the others.
Plus, let’s face it, annulment isn’t only a lengthy process in the Philippines but a costly one as well in which one can even still be denied of being separated just because their reason isn’t “reason” enough to the eyes of the judge or, again, because certain beliefs are brought back up. It’s as if just by bringing up religion is enough said for anyone in an obvious toxic marriage (whether physically or emotionally) to simply suck it up and continue on suffering in it for the sake of keeping up with the belief and the “image” it should present to society.
As of March of last year, a final House Bill reading has been approved by the House of Representatives regarding the legalization of divorce in the Philippines. Nonetheless, it is still facing the ultimate difficulty of being officially made a bill due to those who are strongly against it. At the same time, it seems like even with this approval, it will mean nothing if the Senate does not also pass a counterpart bill which, also as of last year, has not yet been drafted whatsoever (and keeping in mind that there are a number in the Senate who are against a bill for divorce in the very first place).
Be that as it may, recent votes and polls have already shown how a narrow but dominant number of Filipinos opting for the legalization and passing of a divorce bill in the Philippines.
Maybe the times really are changing. Yes, marriage should still be something special and sacred. But also, maybe, it’s time to open our eyes to the bigger reality that’s out there. That there really are just times where love doesn’t quite cut out how one wanted it to be and that no one should really find themselves in the disposition where they have to force themselves to hold on to what’s obviously dead (and then pretend, if there are children involved, that they don’t have the intuition to see when their parents just “don’t really like each other anymore” or, worse, argue on a daily or, worst of all, get hurt themselves at such a young impressionable age). It just isn’t good for anyone.
Also, it doesn’t make any of the love experienced before any different, just that presently it clearly isn’t there anymore.