The Philippines House of Representatives has approved a significant piece of legislation aimed at legalizing absolute divorce in the country. On Wednesday, House Bill 9349, as amended, passed its second reading through a voice vote during the plenary session.
The bill seeks to “reinstitute absolute divorce as an alternative method for dissolving irreparably broken or dysfunctional marriages” under specific grounds and judicial procedures. It outlines several conditions under which absolute divorce can be sought, including physical violence, grossly abusive conduct, lengthy prison sentences, drug addiction, habitual alcoholism, chronic gambling, bigamous marriages, and marital infidelity. Additionally, it encompasses moral coercion to change religious or political affiliations and attempts to corrupt or induce a common child into prostitution or homosexuality.
The bill allows either spouse to petition for absolute divorce if they have been legally separated for over two years. It also includes grounds for annulment, such as separation in fact for at least five years with unlikely reconciliation, psychological incapacity, and irreconcilable differences. Notably, the measure expands the grounds for divorce to include psychological and emotional violence, sexual violence, and economic abuse.
Under the proposed law, a divorce petition can also be filed if one spouse undergoes sex reassignment surgery or transitions to another gender. Furthermore, the bill recognizes valid foreign divorces, provided they are authenticated by the Philippine Consul and registered with the proper civil registry office in the Philippines. Marriages nullified or dissolved by religious institutions will also be recognized as civil divorces if authenticated by the relevant religious authorities.
The bill stipulates that divorce petitions can be filed within ten years from the occurrence of the cause for divorce or from the bill’s enactment. Public prosecutors will be tasked with investigating potential collusion or coercion in divorce petitions. Overseas Filipinos will receive priority, and summary judicial proceedings will apply in certain cases, such as separation in fact for at least five years or imprisonment of at least six years.
A family court will first attempt to reconcile the spouses during a 60-day cooling-off period, with a final decision to be made within one year if reconciliation fails. However, the cooling-off period will not apply in cases of severe violence.
Representative Edcel Lagman, who sponsored the bill, emphasized that absolute divorce is not intended for every marriage but is necessary for cases where marriages have irreversibly deteriorated. He highlighted that the measure aims to protect individuals, particularly women, who suffer from cruelty, violence, infidelity, and abandonment.
Gabriela Women’s Party Representative Arlene Brosas, also a sponsor, noted that the bill provides an additional option for those seeking resolution. She clarified that divorce is not necessarily a pathway to remarriage but serves to offer peace of mind and personal development for individuals in untenable situations.
The bill’s passage marks a pivotal step in addressing the complexities of marital dissolution and provides a new legal avenue for individuals seeking to end their marriages under severe circumstances.
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