The lawmakers of the 20th Congress wasted no time reviving efforts to make divorce a legal remedy for couples with no hope of reconciliation.
Gabriela Women’s Partylist first introduced a proposed bill for divorce in 2004, aiming “to assert women’s right to be given a more progressive, realistic option to get out of abusive marriage.” The following year, Gabriela Party representative Liza Maza filed the first divorce bill in Congress.
The Women’s Priority Legislative Agenda for the 18th Congress, composed of ten key measures, was developed through careful deliberation to strategically address women’s issues and advance gender equality across the country.
Earlier this month, two measures were reintroduced in the House of Representatives for the absolute divorce in the Philippines.
On July 1, House Bill No. 108, titled An Act Reinstituting Absolute Divorce as an Alternative Mode for the Dissolution of Marriage, was refiled by 4Ps Partylist Representative JC Abalos.
“In the context of divorce, a marriage is recognized as valid but is terminated. The termination occurs not due to any defect or omission at the time of the marriage ceremony, but rather as a result of circumstances that arise during the marriage itself, which is a reality that most individuals often fail to acknowledge,” Abalos said in his explanatory note.
He cited a study showing that about 17.5% of Filipino women aged 15 to 49 have experienced physical, sexual, or emotional abuse from their partners.
Abalos added that the bill aims to provide spouses in irreparably broken marriages a legal avenue for dissolution, safeguard children from marital strife, and empower vulnerable spouses to rebuild their lives.
Meanwhile, on June 30, House Bill No. 210, or An Act Reintroducing Divorce in the Philippines, was filed by ACT Teachers Partylist Representative Antonio Tinio and Kabataan Partylist Representative Renee Louise Co.
In their explanatory note, the authors said: “Philippine society generally frowns upon and discourages marital break-ups and provides cultural and legal safeguards to preserve marital relations.”
The proposed measure seeks to establish clear grounds for divorce and extend protection to spouses and children affected by irreparable marriages.
During the 19th Congress, the House approved a similar measure on May 22, 2024, with a vote of 126-109-20. However, the proposal stalled in the Senate.
Long overdue
Divorce remains a contentious issue in the predominantly Catholic Philippines, one of the last countries in the world that does not legally recognize it.
In 2015, the late Pope Francis expressed support for divorce in circumstances that cause violence against women, describing it as sometimes “morally necessary.”
“Sometimes, it can even be morally necessary, when it’s about shielding the weaker spouse or young children from more serious injuries caused by intimidation and violence, humiliation and exploitation, neglect and indifference,” he said.
A law on absolute divorce is not new to the Philippines. Act No. 2710, enacted on March 11, 1917, introduced absolute divorce in the country, replacing Spanish civil laws that only permitted relative divorce or legal separation.
According to the 2022 National Demographic and Health Survey (NDHS), one out of five married women in the Philippines has experienced physical, sexual, or other forms of violence from their husbands. Divorced, separated, or widowed women reported the highest incidence of abuse.
Data under the Women’s Priority Legislative Agenda for the 18th Congress also showed that 19% of currently married women had experienced physical abuse, while many others faced emotional violence and other non-physical forms of harm. Although some of these women seek protection orders or file criminal complaints, many remain legally bound to their abusive partners due to the absence of an absolute divorce law.
As debates over the proposed divorce measures resume in Congress, women’s rights advocates reverberate the urgency of passing an absolute divorce law as it is long overdue. For them, the discussion is not just about policy but about finally recognizing the lived realities of countless Filipino families.
