Divorce bill gets mixed reactions from Senate

By Jose Cielito Reganit

March 20, 2018, 5:57 pm

MANILA – Several senators on Tuesday offered differing positions, ranging from non-committal to outright rejection, on the divorce bill that the House of Representatives approved on third and final reading.

Voting 134-57 with two abstentions on Monday, the House of Representatives approved House Bill 7303 known as “An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines”.

Senator Richard Gordon said he believes that a divorce law would be unconstitutional.

“I think it will violate the Constitution because nakalagay dun (it states there) marriage is a social institution that the government should try and protect,” Gordon said in an interview.

He also pointed out that there is already a recourse for the dissolution of marriage – annulment -- and that there should be “serious reasons” why two people, who were supposed to be in love and got married, should dissolve their marriage.

“But on the other hand, also, dapat makahanap tayo ng paraan na talagang bigyan sila ng pagkakataon na makapag-divorce, pero hindi dapat madali. Pag nag-asawa ang tao dapat sikapin niyang mag-work. At kung talagang irreconcilable na talaga, nakakasama lalo na dun sa bata, then dapat limited… Meron na ngayon eh, annulment (But on the other hand, we should also find ways to truly give them a chance to get divorced but it shouldn’t be easy. If they choose to marry, they should try to make it work. If it's really irreconcilable, which is harmful especially to the children, then it must be limited. We now have annulment)” Gordon explained.

Senator Panfilo Lacson likewise said he is against divorce, adding that Filipinos are not yet ready for a divorce law.

He also pointed to the law allowing for annulment.

Unang una walang counterpart bill dito, so paano maipapasa? (First, there is no counterpart bill here, so how can it be passed?)" Lacson said in a separate interview.

Ako hindi (pabor sa divorce). May annulment na tayo. May batas na sa annulment, na-relax ang batas sa annulment. At ang Pilipinas is a Catholic country. Mukhang di pa tayo ready roon (I'm not in favor of divorce. We have annulment. We have a law on annulment. We have relaxed the law on annulment. And the Philippines is a Catholic country. It looks like we are not ready for this [divorce])," Lacson said.

Meanwhile, Senate President Aquilino Pimentel III said that divorce, as a novel approach in dissolving a marriage, should be studied first.

He said that House Speaker Pantaleon Alvarez had assured him that the divorce bill that the House passed is different from the law on annulment.

“Hence, we study it if it’s true,” Pimentel said in a message to Senate reporters.

Under House Bill 7303, absolute divorce may only be granted on the following grounds: reasons stated under legal separation and annulment under the Family Code of the Philippines; separation in fact for at least five years; legal separation by judicial decree for at least two years; psychological incapacity; gender reassignment surgery; irreconcilable differences; and joint petition of spouses.
The measure also provides for a mandatory six-month cooling-off period for petitioner spouses. (PNA)

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