The Philippines is on the brink of a significant legal shift as it remains the only country, aside from the Vatican, where divorce is still prohibited. However, this could soon change with the introduction of the Absolute Divorce Bill, a legislation that many hope will finally end the nation's longstanding divorce ban.
On May 22, the House of Representatives passed the Absolute Divorce Bill, which outlines specific conditions under which divorce could be allowed in the predominantly Catholic country of nearly 116 million people. The bill has now been forwarded to the Senate for further discussion and, if approved, will become law.
Support for the bill is growing, with at least five out of the 24 senators backing it. This support is notable in a legislative environment where conservative views, often aligned with the Catholic Church, hold significant influence.
The push for divorce legislation comes nearly 500 years after the Spanish colonization of the Philippines, which left a lasting impact on the country's legal and cultural framework. Spanish rule, which began in the 16th century, entrenched Catholic doctrines, including the indissolubility of marriage, into Filipino law. Although the Philippines gained independence in 1898 and briefly had a legal system that permitted divorce under American rule, the Catholic Church regained its influence in 1935, leading to the re-establishment of a divorce ban in 1950.
The Civil Code of 1949 allowed for legal separation and annulment but maintained the prohibition of divorce. Although divorce has been legal for Muslims since 1977, thanks to a decree by then-President Ferdinand Marcos Sr., the ban persists for Catholics and other religious groups.
The grounds for annulment in the Philippines are limited and do not include physical abuse, abandonment, or infidelity—issues that many believe should justify the dissolution of a marriage. The proposed divorce legislation seeks to expand the reasons for ending a marriage, including abuse, infidelity, abandonment, and other situations where only legal separation is currently allowed.
The bill's passage through the lower chamber was narrow, with 126 votes in favor, 109 against, and 20 abstentions. Despite the challenges, the bill's principal author, Edcel Lagman, remains hopeful that it will become law before the end of the current parliament in 2025.
Lagman asserts that the proposed law does not contradict Catholic teachings and is confident it will withstand any constitutional challenges in the Supreme Court. He is actively engaging with the Supreme Court to clarify the bill's intentions and legal basis.
As the nation awaits the Senate's decision, the debate over legalizing divorce continues, with advocates pushing for a change that many believe is long overdue.
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