The Gabriela Women’s Party refiled a bill to legalize divorce in the country, reports CNN Philippines.
This is the fifth time that the group of women’s rights advocates have called for divorce to be institutionalized. The first time they filed a bill was in 2005. The Philippines is the only country in the world, aside from the Vatican that has not legalized Divorce (with the exception of unions solemnized under Muslim Sharia law).
The “Divorce Bill”, more formally known as House Bill No. 2380 amends The Family Code of the Philippines (Article 26 and Articles 55 to 66 of Executive Order No. 209) to allow for spouses to choose divorce as a way to end a marriage.
According to the bill, divorce will not replace legal separation and annulment, which has long been included in the Family Code. When spouses are legally separated, they are allowed to live apart, but cannot remarry.
Once an annulment is finalized, however, it is presumed that the marriage never happened.
photo: Dreamstime
The Divorce Bill cites five grounds for divorce
- Psychological incapacity
- The couple should have been separated de facto (five years minimum) at the time of filing for divorce.
- The couple should have been legally separated for at least two years.
- Irreconcilable differences
- Irreparable breakdown of the marriage (caused by legal separation grounds in the Family Code)
Perceived benefits of the Divorce Bill
Divorcees can be entitled to:
- equitable division of conjugal assets
- if one spouse is unemployed, the employed spouse is bound by law to grant financial support (up to a year after the divorce) and financial support for their kids.
Next page: Why do many feel this bill is a necessity?
Gabriela shares in their explanatory note that institutionalizing Divorce in the country is a necessity due to an increasing number of women who are trapped in unhappy marriages. In many situations, being unable to leave failed marriages only allows for more physical and emotional violence.
“(The bill) takes into consideration the rudiments of Filipino culture and the general sentiment of preserving the sanctity of Filipino marriages which is why the measure provides that divorce is granted only when certain conditions are met,” said the group.
photo: Pixabay
Gabriela representative Emmi De Jesus said in a statement, as reported by CNN Philippines, that “a marriage can only be considered sacred when there is no violence and abuse. The State’s Constitutional mandate to uphold the sanctity of marriage is not necessarily a result of the number of people getting married or the number of years that they are together.”
3 out of 5 Filipinos are in favor of divorce
Representative Arlene Brosas cited statistics in the same statement, sharing that “three of every five Filipinos or at least 60% are in favor of the legislation of divorce. This shows only not just the public pulse, but the de facto need for the option of divorce to be given. Divorce is also not an entirely new concept in the Philippines since this has been a remedy given for couples in irreparable marriages even during the American period.”
READ: RH Panindigan! 7 million Filipinas have unmet family planning needs
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