the world's last divorce debate: does the philippines need a divorce law? by maria carmina...
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With Malta’s divorce law enacted in July, the Philippines is now having the world’s last legislative debate on divorce. So far, the recent renewed push to legalize divorce is not as controversial as the Reproductive Health (RH) Bill — at least not yet. But with our nation being the last one without divorce, the Catholic Church and other opponents of laws dissolving marriage are
House Bill No. 1799, or “An Act Introducing
Rep. Liza Maza of Gabriela in 2005, then
Ilagan and Emerenciana De Jesus, also for the women’s party-list group. It would amend the Family Code of the Philippines, decreed in 1987 by then-President Corazon Aquino, when she temporarily wielded legislative powers.
House committee hearings on HB 1799 begun in June drew immediate protest
from the Catholic Bishops Conference of the Philippines. Former CBCP president and retired Lingayen-Dagupan Archbishop Oscar Cruz had warned that passing the RH Bill could open the gates to more contentious legislation, such as divorce and
Back on the front burner. Now, divorce is back on the front burner. CBCP legal counsel Jo Imbong cited passages from the Constitution to argue that the very idea of divorce violates Philippine law. Opponents also maintain that legal separation and annulment already allowed by the Family Code, address the problem of unhappy and failed marriages.
But divorce advocates insist those two remedies are not enough. The grounds for annulment focus on events at the time of the wedding, rather than the marriage itself. Legal separation, on the other hand, while allowing couples to live apart, does
The World’s
By Maria Carmina Olivar
CONTENTS BUSINESS WORLD NATION
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not actually put an end to the marriage. In effect, it maintains a marital status that
between former spouses.
The current Divorce Bill would terminate marriage, not just separate couples or declare that a marriage was null and void from the start, which seems to many as a
also eliminate “condonation of/consent to the act” of marital abuse as grounds for denying petitions for separation or divorce. The Divorce Bill would also better address
conjugal assets and spousal support for former partners who are not gainfully employed.
Other bills offer similar solutions. Early this year Bayan Muna Representative
HB 3952, or “An Act
and Abandonment as Presumptive Psychological Incapacity Constituting a Ground for the Annulment of Marriage.” Instead of instituting divorce, Colmenares
The Catholic Church still objects to HB 3952, however.
3952, another women’s party-list group, 1-Ako Babaeng Astig Aasenso (1-ABAA), urged a 10-year limit on a marriage contract’s validity, with an option for renewal, as has been proposed in the U.S. Though 1-ABAA initially reported positive reactions to their proposal, the Church held its ground and opposed it, and the idea did not gain much traction after the initial media coverage.
Trying to make a comeback since 1999. The divorce law has been trying to make a comeback here in the Philippines for more than a decade now. In 1999,
HB 6993. Two years later Senator Rodolfo Biazon championed Senate Bill No. 782,
were entitled, “An Act Legalizing Divorce, Amending for the Purpose Title II and
Order No. 227, Otherwise Known as the Family Code of the Philippines.”
women’s rights groups all up in arms and ready to defend their stance. The issue has half of the public backing it, according to an SWS survey earlier this year. But with the RH Bill having stirred the Catholic Church into political action, opponents of divorce
Archbishop Giuseppe Pinto declared that being the only nation with no divorce law was “a point of honor” for the country.
The world’s last divorce debate
CONTENTS BUSINESS WORLD NATION