Divorce Law: What happens now?

One of former Speaker Pantaleon Alvarez’s advocacies was the divorce bill, which was approved on Third Reading on 19 March 2018, and transmitted to the Senate.

House Bill (HB) 7303, otherwise known as the “Absolute Divorce Act of 2018,” took months of discussion during the 17th Congress, and its support traversed party lines, as both majority and minority House members supported it.

Soon, the public joined in, and an SWS survey showed 53 percent or majority of Filipinos support the enactment of a divorce law.

The passage of HB 7303 was a “breakthrough” in legislation since it is common knowledge that no other divorce bill has reached this far in Congress. In fact, previous divorce bills languished in the committee level, not even reaching the plenary.

The legislative process in the creation of HB 7303 was not a walk in the park. Committee hearings were held in the Philippines and abroad, with a delegation consisting of influential House members, including Deputy Speaker and former Sen. Pia Cayetano. Alvarez took a lot of heat, as he was lambasted by media and the Church for pushing it due to his alleged personal interests.

It can be said the divorce bill was gaining momentum which placed some pressure on the Senate. Then appeared a huge stumbling block: President Rodrigo Duterte, sometime in April 2018, stated that he was not for divorce, since his daughter, Mayor Sara Duterte, was against it, perhaps a preview of the much bigger conflict ahead.

Yet, despite this presidential announcement, Alvarez continued attempts to convince the Senate for its passage. Alas, the Speakership was transferred in July 2018.

So what happens now to the divorce bill in the Senate? It is still pending in the Senate. A number of senators are conservative and, more importantly, running for re-election next year so they would be needing the support of the Church. It can be said the divorce bill, for now, is dead, at least until the mid-term elections in 2019.

Were the House efforts all for naught? This writer does not think so. In the recent landmark case, Republic v. Manalo, 24 April 2018, G.R. 221029, the Supreme Court (SC) held that Filipinos may now validly obtain a divorce decree abroad, and it shall be recognized in the Philippines, thereby allowing a divorcee to remarry. Just like HB 7303, this case was a “breakthrough” in Family Law since the previous decisions only recognized divorce obtained by the foreign spouse abroad.

Did the House play a part in this SC decision? This writer thinks so, since the passage of HB 7303 was discussed in this case by the SC. This means that the SC considered the changing times, as can be seen in the activities of the House members — the representatives of the Filipino people — this 17th Congress, with regard the acceptance of divorce in the Philippines. To quote directly from the SC Decision:

“Notably, a law on absolute divorce is not new in our country. Effective March 11, 1917, Philippine courts could grant an absolute divorce on the grounds of adultery on the part of the wife or concubinage on the part of the husband by virtue of Act No. 2710 of the Philippine Legislature.

“On March 25, 1943, pursuant to the authority conferred upon him 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 promulgated an E.O. No. 141 (‘New Divorce Law’) which repealed Act No. 2710 and provided 11 grounds for absolute divorce such as intentional or unjustified desertion continuously for at least one year prior to the filing of the action, slander by deed or gross insult by one spouse against the other to such an extent as to make further living together impracticable, and a spouse’s incurable insanity.

When the Philippines was liberated and the Commonwealth Government was restored, it ceased to have force and effect and Act No. 2710 again prevailed. From August 30, 1950, upon the effectivity of Republic Act No. 386 or the New Civil Code an absolute divorce obtained by Filipino citizens, whether here or abroad, is no longer recognized.

“Through the years, there has been constant clamor from various sectors of the Philippine society to re-institute absolute divorce. As a matter of fact, in the current 17th Congress, House Bill (HB) Nos. 116, 1062, 2380 and 6027were filed in the House of Representatives. In substitution of these bills, H.B. No. 7303 entitled “An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines” or the Absolute Divorce Act of 2018 was submitted by the House Committee on Population and Family Relations on February 28, 2018. It was approved on March 19, 2018 on Third Reading – with 134 in favor, 57 against, and 2 abstentions.”

What then can be gathered from the above excerpt? It is that legislation and politics still play a part in influencing SC decisions. Who knew that the efforts of 17th Congress would be discussed in the Manalo decision — a case that will be studied by law students for years to come, and an expected question in this year’s Bar examinations?

What, then, is next for the divorce bill? There is no other choice for the proponents but to keep pushing it. It may take a couple of more years, perhaps, a need to wait until after 2022.