A Senate panel has approved a consolidated measure that seeks to institute divorce in the Philippines.
Senate Bill No. 2443, which aims to expand the grounds for the dissolution of marriage, was approved by the Senate Committee on women, children, family relations, and gender equality.
In their report, the panel said that while the State continues to recognize the sanctity of the family, it is also duty-bound to safeguard the dignity of every person, guarantee full respect for human rights, uphold fundamental equality before the law, and protect the best interest of children.
"The state shall assure that the court proceedings for the grant of absolute divorce shall be affordable, expeditious, and inexpensive, particularly for indigent litigants," the bill reads.
"Towards the end, the State shall adopt a divorce policy in keeping with the fundamental freedoms guaranteed under the Constitution…," it continued.
Under the bill, absolute divorce is defined as “the legal termination of a marriage by a court in a legal proceeding" and in order to obtain this, a petition must be filed separately or jointly by both spouses, which would have “the effect of returning both parties to the status of single for all legal intents and purposes, including the right to contract a subsequent marriage."
"If the court determines that the joint plan for parenthood is adequate to protect the rights and interests of the common children, the court shall approve the joint plan for parenthood together with the grant of a divorce decree if warranted," the bill read.
The grounds for divorce are as follows:
- Five years of separation, whether continuous or broken, without a judicial decree of separation,
- The commission of the crime of rape by the respondent-spouse against the petitioner-spouse, whether before or after the celebration of their marriage,
- The grounds for legal separation under the Family Code; provided that physical violence or grossly abusive conduct… need not be repeated; provided further, that, lesbianism and homosexuality… shall not be a ground, unless either or both spouses commit marital infidelity,
- A final decree of absolute divorce validly obtained in a foreign jurisdiction by any Filipino citizen,
- Irreconcilable marital differences or irreparable breakdown of marriage, despite earnest efforts at reconciliation,
- A marriage annulment or dissolution, duly authorized by a church or religious entity, or a marriage termination duly authorized by customs and practices traditionally recognized, accepted, and observed by an ICC or IP to which the parties belong.
To evaluate evidence of indigency, the court may take into consideration their independent source of income, property, and capacity to afford services of counsel. The court may also consider if the petitioner is from a marginalized group or entity.
