Big news in the Philippines! We're about to make a major change in how marriages can end. Right now, the Philippines is one of the few places (aside from the Vatican) where divorce is not allowed. But not for long!
The Senate panel has approved Senate Bill No. 2443, known as the "Dissolution of Marriage Act," which paves the way for divorce in the Philippines. This bill, authored by Senators Risa Hontiveros, Raffy Tulfo, Robin Padilla, Pia Cayetano, and Imee Marcos, expands grounds for marriage dissolution. Senate leaders, including Loren Legarda and Aquilino "Koko" Pimentel III, along with Senators Grace Poe and Joseph Victor "JV" Ejercito, have endorsed the measure under Committee Report No. 124, heralding a significant step towards legalizing divorce in the country.
While some politicians and aspects of the justice system may occasionally cast a shadow over it, the recognition of the separation of the state and the church still prevails, and it's a win for every Filipino.
Under the bill, either or both spouses can seek a judicial decree of absolute divorce based on the following grounds:
- Five years of separation, whether continuous or broken without a judicial decree of separation, provided that the spouses are legally separated by judicial decree under Article 55 of the Family Code of the Philippines, a two year period from the time of the issuance of the decree of legal separation will suffice;
- The commission of the crime of rape by the respondent-spouse against petitioner spouse, whether before or after the celebration of their marriage;
- Physical violence or grossly abusive conduct, provided that lesbianism, and homosexuality shall not be ground, unless either or both spouses commit marital infidelity;
- Final decree of absolute divorce obtained in a foreign jurisdiction by any Filipino citizen, regardless of who they married;
- Irreconcilable marital differences or irreparable breakdown of the marriage despite earnest efforts at reconciliation, subject to a cooling-off period of 60 days;
- A marriage annulment or dissolution, duly authorized by a church or religious entity or a marriage termination duly authorized by customs and practices traditionally recognized, accepted and observed by an indigenous cultural community (ICC) or indigenous peoples (IP) to which the parties belong.
Under this measure, the court will determine child support in accordance with the relevant provisions of the Family Code. Spousal support will also be considered, except for the spouse responsible for causing the divorce.
Furthermore, the proposed law imposes penalties on those who fail to provide court-ordered child support and/or spousal support. Offenders can face imprisonment (prision mayor) and fines ranging from P100,000 to P300,000, in addition to unpaid support with compounding legal interest from the date of default until full payment.
The bill also stipulates that if the spouses decide to reconcile at any point, the procedures outlined in Articles 64, 65, and 66 of the Family Code of the Philippines will apply.
It's worth noting that the House of Representatives also approved its version of the absolute divorce bill last year, indicating progress in both legislative chambers.
