A Senate committee has recently approved a consolidated divorce bill. This may be the closest the Philippines has come to passing a general divorce law since the Family Code that omitted it was enacted in 1988. However, the bill’s passage into law is not assured.
Thus, it is now pending its second of three readings on the Senate floor. Under Senate rules, it is calendared as a matter for ordinary business, to be included among other bills in the order they were received by the Office of the Secretary of the Senate.With the Senate adjourning from September 30, 2023, we can expect the divorce bill’s second reading after the legislative session resumes on November 6.
It shall be momentous if the Senate divorce bill gains a majority of votes after second reading. There is reason to believe this is within reach. While only six senators signed the committee report endorsing the bill, the committee has 11 members who, under Senate rules, are presumed to have concurred with the report unless they register their dissent. A majority of the quorum may be found to vote this into law.. The House of Representatives already reflects this view.
Finally, this enrolled bill will be submitted to the President of the Philippines for his approval. The President may sign it into law or veto the bill and send it back to Congress with a veto message. Or, if he does not act upon the bill within 30 days of its receipt, it will lapse into law as if he had signed it.How would you get a divorce under this law?
The court process contemplated in the various divorce bills is patterned after those for legal separation or annulment of marriage under our Rules of Court, including a cooling off period – between the time of filing the petition and commencement of trial – before the divorce case can proceed. The legislators included this cooling off pause to prevent hasty decisions that precipitate resorting to divorce.
Additional grounds are created by the Senate divorce bill. These include rape by one spouse before or after marriage, prolonged separation in fact between the spouses, and irreconcilable differences. A valid divorce obtained overseas is also included as grounds for divorce in the Philippines. Finally, a religious annulment or dissolution granted by a minister or priest is also grounds for granting divorce under the proposed law.