Polytechnic University of the Philippines

Sta. Mesa, Manila

House Bill 7303

"An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines"

BSEE 1–1

Submitted to:

Mr. Zardo Toroy

October 24, 2018

Abstract

In a vote of 134-57, the lower house of Congress approved on third and final reading
House Bill 7303 or "An Act Instituting Absolute Divorce and Dissolution of Marriage in the
Philippines."

Across the globe, the Philippines and the Vatican City are the only states without
divorce but allow the annulment of marriages. The Vatican is an independent state headed
by the pope, who also heads the Catholic Church. The Philippines, meanwhile, is a
predominantly Catholic country. Majority of couples also opt to marry in church.

Discussion

What current options are there for Filipinos who want to get out of failed marriage?

The only legal option currently available to Filipinos who want to exit a disastrous
union is either through an annulment or through a petition for legal separation. These two
choices have different end results.

Those who seek for annulment is necessary to undergo a mental exam, testify in
court and sometimes even claim that they or their spouse entered the union while under a
mental health issue.

On the other hand, a petition for legal separation requires any of the following
grounds: repeated physical abuse from partner, coercion to change religious or political
affiliation, attempt of respondent to corrupt petitioner or their child to engage in
prostitution, respondent meted with imprisonment of more than 6 years, drug addiction of
spouse, lesbianism or homosexuality, bigamous marriage, sexual infidelity or perversion,
attempt against the life of spouse and abandonment without justifiable cause for more than
a year.
 Processing an annulment can cost at least Php250,000.00 and usually takes
anywhere from 1 to 10 years given the congestion in Philippine court dockets. Meanwhile,
a petition for legal separation requires a spouse to undergo any of the above-mentioned
extreme conditions in order to exit such marriage.

How Can this Discrepancy Be Resolved?

The objective of House Bill 7303 is to make divorce more accessible to a wider range
of couples seeking freedom from irremediable marriage. It provides that the State shall
assure that the court proceedings for the grant of absolute divorce shall be affordable,
particularly for court assisted plaintiffs and petitioners.

The status of the children of divorced spouses also takes priority. A joint petition for
divorce should include a plan for parenthood that details support, parental authority,
supervision and living arrangements of the common children. For the legitimate and
adopted children of divorced couples, they will retain their legal status after the petition for
divorce is granted. A child born or conceived within 300 days after filing for divorce is also
considered a legitimate child, except when the basis for divorce is marital disloyalty of the
wife.

The bill also proposes that divorced partners shall have the right to get married
again. It also prioritizes filing of Filipinos working abroad.

Other grounds include:

 reasons stated under legal separation and annulment under the Family Code
 separation of spouses for at least five years
 legal separation by judicial decree for at least two years
 psychological incapacity
 irreconcilable marital differences
 The bill also seeks to penalize a spouse found guilty of coercing his or her partner
into marriage. The respondent will face imprisonment of five years and a fine of
Php200,000.00.

Legalizing divorce is a wake-up call and a big challenge to the Catholic Church for
they believe that this would only further destroy the bond between husband and wife and
that those marriages that can still be saved by dialogues or intervention of family, friends,
pastors or counselors. However, it is worthy of pointing out that many other Catholic
countries have already legalized divorce, including Italy and Spain. So what makes our
nation very special that the legalization of divorce has to be delayed this long? Even
Jerusalem — where Jesus Christ allegedly lived — has already legalized divorce!

In whatever way, the separation of the Church and State as enshrined in the 1987
Constitution would still rule.

Conclusion

Entering the contract of marriage, that is recognized by the state, is a right. A right
that has corresponding obligations which must be met by both sides. There should be love,
respect, support and other factors that ensure a happy and healthy relationship.

If there are violations of these obligations, that sometimes even endangers the life
and sanity of the couple, it is just for the state to also recognize their right to end the
contract and exit the failed relationship.