EDITORIAL
Will the Philippines have a divorce law again?
The controversial divorce bill has finally hurdled the House of Representatives after 126 lawmakers voted in favor of the passage of House Bill 9349, a bill that legalizes absolute divorce based on limited grounds and a well-defined judicial process.
The Philippines and the Vatican City are the only states that prohibit divorce. Divorce is not new in the Philippines. From March 11, 1917 to August 30, 1950, Philippine courts could grant an absolute divorce by virtue of Act No. 2710 of the Philippine Legislature, which was later superseded with E.O. No. 141 (“New Divorce Law”) issued by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines and with the approval of the latter, the Chairman of the Philippine Executive Commission. When the Philippines was liberated and the Commonwealth Government was restored, it ceased to have force and effect and Act No. 2710 again prevailed. However, when the New Civil Code (R.A. No. 386) took effect on August 30, 1950, absolute divorce is no longer allowed(Republic v. Manalo, G.R. No. 221029, April 24, 2018).
Through the years, there has been constant clamor from various sectors of the Philippine society to re-institute absolute divorce as observed by the Supreme Court in Republic v. Manalo. A good number of the Filipinos led by the Roman Catholic Church react adversely to any attempt to enact a law on absolute divorce, viewing it as contrary to our customs, morals, and traditions that has looked upon marriage and family as an institution and their nature of permanence, inviolability, and solidarity.
Now that the divorce bill has hurdled the House of Representatives, the next battle ground will be the Senate. Newly-installed Senate President Chiz Escudero has already issued a statement that he will neither push for or against divorce bill and the chamber would decide on the matter based on conscience and personal beliefs. Unlike former Senate President Tito Sotto who actively campaigned against the passage of the bill, the current Senate leadership does not show antagonism against it. With most of the Senators still seeking reelection in 2025 and in 2028, it is highly unlikely that the 24 Senators will vote purely based on conscience and personal beliefs. Political ambitions of these lawmakers still play a big role on their “yes” or “no” vote on the divorce bill. This situation gives the anti-divorce group a fighting chance at the Senate.
Once the bill hurdles the crucial Senate deliberation, it will be highly probable for the country to have a new divorce law as President Marcos will not be seeking reelection and his son’s vote may be a reflection of his family’s view on the matter.
Except on serious flaws in the passage of the law, anti-divorce groups could not count on the Supreme Court to favor their side. In Republic v. Manalo, the Court seems to have closed its doors on any case against the divorce law anchored on religious grounds. The Court said that a good number of the Filipinos x x x react adversely to any attempt to enact a law on absolute divorce, viewing it as contrary to our customs, morals, and traditions that has looked upon marriage and family as an institution and their nature of permanence, inviolability, and solidarity. However, none of our laws should be based on any religious law, doctrine, or teaching; otherwise, the separation of Church and State will be violated. While marriage is considered a sacrament, it has civil and legal consequences which are governed by the Family Code. It is in this aspect, bereft of any ecclesiastical overtone, that the State has a legitimate right and interest to regulate.
Indeed, the final battleground for the divorce debate is the Senate. Whatever the outcome will be, this is still democracy at work.