PHILIPPINES Manila Lower House approves divorce law

The measure had 126 votes in favor and 109 against. It still needs Senate approval to become state law. In the name of its Constitution, which protects the family, the Philippines is the only country that does not contemplate this institution in its legislation. The Catholic Church opposes the law, which has been debated for years.

Manila () – On May 22, the House of Representatives, the lower house of the Philippine Parliament, approved the divorce law in its second reading. Proposal No. 9349 received votes in favor from 126 deputies, while 109 opposed and 20 abstained, according to the secretary general of the Chamber, Reginald Velasco.

Known as the “Absolute Divorce Law”, the proposal seeks to recognize the institution of divorce in the country, which currently recognizes marriage as indissoluble, only recognizing the annulment decreed by the canonical courts in case of serious deficiencies in the bond. The Philippines is currently the only country in the world (along with the Vatican) that does not contemplate divorce in any of its forms in its legislation.

It still needs approval from the Philippine Senate to become state law. If the law is also approved by the other branch of parliament, spouses will be able to request a divorce if they have been separated for at least five years. However, the proposal provides for a final period of 60 days between the filing of the lawsuit and the ruling for a possible conciliation.

The bill also cites as possible grounds physical violence or seriously abusive conduct directed against the petitioner, a joint child, or the petitioner’s child; physical violence or moral pressure to force the petitioner to change religious or political affiliation; habitual drug addiction or alcoholism or chronic gambling; and homosexuality.

The issue has been debated in the country for years: already in 2018, the House approved a similar measure, but in that case the Senate did not complete the legislative process. The 1987 Philippine Constitution contains a section that declares: “Marriage as an inviolable social institution is the foundation of the family and shall be protected by the State.” And the Philippine Catholic Church has repeatedly expressed its opposition. The bishop of the Apostolic Vicariate of Taytay, Palawan, Archbishop Broderick Pabillo, president of the Episcopal Commission for the Laity, already expressed his concern in 2021 about this bill ‘because legislators should support families.’ Monsignor Sócrates Villegas, archbishop of Lingayen-Dagupan, already declared in 2015, when he was president of the Episcopal Conference, that ‘a failed marriage is not a reason for divorce’.

In the debate held in the House of Representatives, Representative Arlene Brosas, of the “Gabriela Women’s Party”, argued that “divorce is a rights-based choice: the right to enter into marriage must also include the right to abandon it.” . Representative Edcel Lagman, one of the project’s promoters, argued that the law would continue to prohibit “quick divorces.” He said he respected contrary opinions “based on their religious beliefs, the fears of the bishops and the need to avoid the displeasure of the respective spouses,” but announced that a campaign would be immediately launched for its approval also in the Senate. On the contrary, Congressman Rufus Rodríguez spoke out with a “strong and resounding no to the divorce bill,” arguing that the measure would violate the Philippine Constitution.