The Absolute Divorce Bill: A Closer Look at the Controversial Legislation

The Philippines is one of only two countries in the world, along with the Vatican, where divorce is not legally recognized. 

For decades, Filipino couples in troubled marriages have had limited options, such as legal separation or annulment, which can be lengthy, expensive, and emotionally draining processes.

However, the landscape may be changing with the introduction of the Absolute Divorce Bill in the Philippine Congress.

Let’s take a closer look at this controversial legislation and its potential impact on Filipino families.

What is the Absolute Divorce Bill?

The Absolute Divorce Bill, also known as House Bill 9349, seeks to reinstitute divorce as an alternative mode for the dissolution of marriage in the Philippines. 

It aims to provide a legal remedy for couples in irreparably broken or dysfunctional marriages, based on specific grounds and well-defined judicial procedures.

Under the proposed bill, couples may file a petition for absolute divorce on grounds such as:

• Legal separation under Article 55 of the Family Code, with modifications
• Annulment of marriage under Article 45 of the Family Code, with modifications
• Separation of spouses for at least five years, with reconciliation highly improbable
• Psychological incapacity as provided in Article 36 of the Family Code
• Domestic or marital abuse, including acts under the Anti-Violence Against Women and Their Children Act
• Irreconcilable differences
• When one spouse undergoes sex reassignment surgery or transitions to another sex

The bill also includes a mandatory 60-day cooling-off period after filing the petition, as a final attempt at reconciliation between the spouses.

Progress of the Absolute Divorce Bill

The Absolute Divorce Bill has been introduced in Congress multiple times over the years but has faced significant challenges due to social, cultural, and religious reasons. 

In recent years, a version of the bill has passed the House of Representatives, signaling a shift in legislative attitudes.In May 2024, the House of Representatives approved the Absolute Divorce Bill on its third and final reading, with a vote of 126 in favor, 109 against, and 20 abstentions. 

This marks the second time a divorce bill has been approved by the lower chamber, following a similar measure in 2018 during the 17th Congress.

However, the bill still faces an uphill battle in the Senate, where it has historically languished at the committee level. The stance of the Philippine President can also significantly impact the bill’s progress, with past presidents being reluctant to openly support it.

Supporters and Opponents of the Absolute Divorce Bill

Supporters of the Absolute Divorce Bill argue that it provides a much-needed legal remedy for individuals trapped in unhappy and irreparable marriages, particularly women who are victims of domestic abuse and violence. They believe that divorce acknowledges the realities and challenges that can arise within marital unions and offers a chance for individuals to rebuild their lives.

On the other hand, opponents of the bill, including the Catholic Church, contend that divorce will weaken the institution of marriage and lead to the breakdown of Filipino families. 

They argue that existing legal remedies, such as annulment and legal separation, are sufficient to address problematic marriages without going against religious beliefs.

Public Opinion on Divorce in the Philippines

Public opinion on divorce in the Philippines has been evolving, with surveys indicating growing acceptance among Filipinos. 

In 2005, 43% of Filipinos supported legalizing divorce for irreconcilably separated couples, compared to 45% who disagreed. By 2017, 53% were in favor of legalizing divorce, with only 32% opposed.

This shift in public sentiment may influence lawmakers as they deliberate on the Absolute Divorce Bill. The House of Representatives’ approval of the bill reflects this changing perspective, although the Senate remains a significant hurdle.

The Impact on Filipino Women

The illegality of divorce in the Philippines disproportionately affects women, particularly those in abusive or unhappy marriages. With limited legal options, many women find themselves trapped in toxic relationships, often at the expense of their well-being and financial independence.

The Absolute Divorce Bill aims to provide a legal avenue for these women to escape harmful marriages and rebuild their lives. 

Supporters argue that the bill must not only allow divorce in circumstances of abuse but also protect women who are financially vulnerable after separating from their husbands, ensuring fair asset division and child support.

Looking Ahead

As the Absolute Divorce Bill moves forward, its progress will be closely monitored by both supporters and opponents. If passed, the bill has the potential to significantly impact Filipino families and society as a whole.

However, even if the bill becomes law, its effective implementation will be crucial. Policies surrounding divorce should include provisions to aid Filipinas in becoming financially empowered and independent, and fathers and husbands must be held to high child support standards.

The passage of the Absolute Divorce Bill is not guaranteed, but its progress thus far indicates a growing recognition of the need for legal remedies for individuals in irreparably broken marriages.

As the Philippines navigates this complex issue, it is essential to prioritize the well-being of its citizens and ensure that any legislation serves the best interests of Filipino families.