Half of the Senate not inclined to support divorce bill

The proposed measure seeking to institutionalize absolute divorce and dissolution of marriage in the Philippines seemed to be doomed in the Senate as at least half of the members of the chamber are not inclined to support it.

The concept of dissolution of marriage is new, and senators should be given time to study it, Senate President Aquilino Pimentel said.
 
However, the no fault or American-style divorce hasn’t got a chance of passing in the Philippines, the senator said.

“If American-style divorce, no chance na maipasa. But according to the House Speaker (Pantaleon Alvarez), they are passing not only divorce. Basahin daw namin ‘yung pinasa nila because there is new concept for dissolution of marriage at doon kami dapat mag-maintain ng open mind,” Pimentel said.

“Kasi ‘yung divorce na meron sa America ay no fault divorce, ibig sabihin n’un pag nagsawa sila sa isa’t isa, they will dissolve marriage. No chance sa Pilipinas ‘yan,” he said.

Majority Leader Vicente Sotto III believed that divorce has no chance to make it through the Senate.

“Ako, personally, I can speak for myself only, ang malaki ang pag asang mapag-usapan dito would be the additional grounds for annulment. Mahirap mangyari dito ‘yan—for something controversial pang katulad n’yan,” Sotto said.

No bill has yet been filed in the Senate proposing divorce so the committee to which it was referred to would have to craft a substitute bill.

“‘Yung chairman ng committee malamang isasama n’ya ‘yung nakapending dito. So gagawa ng substitute bill ‘yan. Ang nakapending dito is additional grounds for annulment. So, akin pwede ‘yun eh, expanding the grounds for annulment,” Sotto noted.

Family Code

In a text message to GMA News Online, Senator Francis Escudero said he is “in favor of making the existing process of annulment under the Civil Code and the Family Code more affordable and accessible instead of expanding the grounds provided therein via a new law on divorce.”

The senator’s marriage with estranged wife Christine Elizabeth Flores has been annulled, both by the court and the Catholic Church. He tied the knot with actress Heart Evangelista in 2015.

Senator Joel Villanueva, son of evangelist Eddie Villanueva, said he is strongly against divorce. “Instead, I am pushing to make the country’s annulment laws ... simplified and not anti-poor.”

Senator Sherwin Gatchalian said he does not believe in “drive-through divorce” like in the US as the process for separation of married couples should be based on compelling reasons such as abuse and violence.

He said the annulment law should be amended to make it more affordable.

“What we need is a clear and reasonable process for our constituents to follow, dahil ang proseso ngayon napakamahal,” Gatchailian noted, saying women and children should be given more protection under the annulment law.

“Ang kawawa dito ang kababaihan at mga bata,” he said. “I think we need to look at the angle of giving protection to women and giving them a new lease in life.”

Senator Manny Pacquiao said he neither favors divorce nor dissolution of marriage. “Hindi ako pabor sa divorce kasi I’m a Christian. What God joined together let no one separate.”

Problematic marriages could still be saved and partners should understand their respective roles in the family, Pacquiao noted.

“Maraming sirang marriages kasi hindi nila alam ‘yung rights ng bawat isa as a husband and a wife. Kasi nag-aadvise ako, nagme-marriage counseling ako. To enter into marriage, dapat maintindihan nilang mabuti, dapat magkaroon sila ng understanding about entering into marriage. Pagpasok mo sa married life ‘di ‘yan temporary, ‘yan ay panghabambuhay na dapat mong maintindihan at maisapuso na may mga circumstances na hindi laging masaya, may mga malungkot,” he said.

The Senate should simply shorten the process for annulment, Pacquiao noted.

Double procedure

Senator Juan Miguel Zubiri is also against divorce and wants to protect the sanctity of the family as much as possible.

If the marriage is not really working out, there are other avenues to go to such as annulment, he said.

In fact, Zubiri has filed a bill seeking the acceptance of Church annulment as equal to a court annulment.

“Kasi, ang nangyayari, nagkakaroon tayo ng double procedure. Pag na-annul na po kayo ng Simbahan, dito sa mga huwes, sa mga courts, kailangan mo pang magfile ulit. Maghahanap ka na naman ng abogado. Aabutin ka na naman ng hundreds of thousands of pesos para ma-annul din kayo civilly, under the courts,” he said.

“So under the bill that I filed, it’s basically, if you’re annulled already by the Church, that has to be recognized by the government, then mas madali na ‘yung acceptance ng inyong annulment by the courts,” Zubiri noted.

Senator Panfilo Lacson does not favor divorce as the country has laws on annulment to address the concerns of troubled marriages.

“Ako hindi. 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,” he said.

Senator Cynthia Villar noted her conservative background and would rather encourage couples to work on their marriage.

“I’m conservative. Kasi kapag may problem tapos walang divorce, I think they will try their best to make the marriage work. Pero ‘pag may divorce, agad-agad magdi-divorce. Lahat naman ng relationship should be nurtured. Hindi  ‘yung kapag nagkaproblema nang kaunti ... divorce na,” she said.

Amend annulment process

Instead of pushing for divorce, the annulment process should be amended, said Senator Nancy Binay.

“There is no need for divorce kasi may remedy na naman, so kailangan siguro na i-amend na lang iyon,” Binay noted.

The procedure for civil annulment should be amended to make it less tedious and less expensive, Minority Leader Franklin Drilon said.

The Constitution imposes on the state the duty to protect and uphold the sanctity of marriage, he said.

Amending the annulment process should also make it also accessible to the people, as well as making it affordable, Senator Paolo Benigno Aquino noted, citing  the bill filed by Sen. Zubiri on equating church annulment to civil annulment.

On the other hand, Senator Francis Pangilinan said the Senate has to review how to address marriages in which the husband and wife are no longer together for 15 to 20 years.

“Hindi na sila nagkakasama pero dahil very strict ‘yung ating Family Code on marriage ... baka kailangan masulosyunan na rin ito. Ayaw natin na magkaroon ng mockery ng ating marriage as an institution. But, at the same time, we have to recognize that there are some unions that need solution,” he said.

Senator Risa Hontiveros is for discussing the divorce bill in the Senate, saying it’s about time.

“Sa palagay ko magiging importanteng deliberations iyan, lalung-lalo na sa mga usapin ng child support, sa usapin na ‘Kung may maayos na contracting marriage dapat din ba ay may maayos na dissolution of marriage?’ At higit sa lahat ay ‘yung usapin ng harmonious relationship, kasi kung iyon ang layunin natin lahat naman ay nagsisimula sa pamilya. At base, pinakailangan ay ‘yung harmonious relationship sa loob ng pamilyang Pilipino,” she said.

Voting 134 in the affirmative, 57 in the negative, and two abstentions, the House of Representatives approved last March House Bill 7303, or the proposed Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines.

The Senate,  has received the House version and referred it to the Committee on Women, Children, Family Relations, and Gender and Gender Equality. —VDS, GMA News