Senate panel approves absolute divorce bill

[Lee]

The Vatican is the only other country that doesn't recognize divorce.

 

Quote

 

A Senate panel has approved a consolidated bill seeking to institute absolute divorce in the Philippines.

The Senate Committee on women, children, family relations, and gender equality recommended the approval of Senate Bill No. 2443, saying that while the State continues to recognize the sanctity of family, it's also duty bound to "safeguard the dignity of every person, guarantee full respect for human rights, uphold the fundamental equality before law and protect the best interest of children."

It's a substitution of consolidated Senate Bills 147, 213, 237, 554, 555, 1198, and 2047 on the Dissolution of Marriage Act.

The bill defines divorce as the “legal termination of a marriage by a court in a legal proceeding.”

Dissolution of marriage or annulment, meanwhile, pertains to a marriage "duly solemnized by a priest, imam, rabbi, or presiding elder of a church or religious entity, or duly solemnized or performed by an elder or leader of an indigenous cultural community (ICC) or indigenous people (IP) in the Philippines." It's by the canons or precepts of such church, religious entity, or customs and practices of ICCs or IPs.

To obtain an absolute divorce, spouses may file a petition separately or jointly.

Joint petitions from spouses with children must include a parenthood plan, which should cover support, custody, and living arrangements, among others.

SB 2443 lists as grounds for divorce the following circumstances:

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; and

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.

 

Senate panel approves absolute divorce bill (msn.com)

[JJReyes]

No way!  Think of all the loss revenue to the Roman Catholic Church from couples filing annulment.  One of the best reasons stated in the paperwork is the marriage never took place.  You won't believe at the number of impotent Filipino males walking among us.  

Edited September 20, 2023 by JJReyes

[scott h]

23 minutes ago, JJReyes said:

loss revenue to the Roman Catholic Church from couples filing annulment

They will just make it up on the back side from renting out the churches for all those second and third weddings. 

 

[Lee]

46 minutes ago, JJReyes said:

Think of all the loss revenue to the Roman Catholic Church from couples filing annulment.

Does the church actually get involved in an annulment?  IDK 

Thought perhaps that annulments were dealt with only in the courts.

[Mike J]

28 minutes ago, Lee said:

Does the church actually get involved in an annulment?  IDK 

Thought perhaps that annulments were dealt with only in the courts.

source https://www.duranschulze.com/how-to-file-for-an-annulment-in-the-philippines/

<snip>

The following are the steps you need take in an annulment proceeding:

1. Hire a lawyer
   The annulment process involves filing the necessary papers with the proper courts, as well as several hearings. You will need a lawyer to accurately draft the legal forms and prepare the supporting documents, file them with the right body, and represent you in court hearing.
2.  Get a psychological evaluation
   If the grounds for annulment is psychological incapacity, the petitioner must show proof or evidence that the spouse’s psychological incapacity is severe, incurable, and existed prior to the marriage. While not a requirement, a professional assessment by a psychologist or similar practitioner will definitely give credence to the charge.
3. File the petition for annulment with the proper court
   This is typically the Family Court where either the petitioner or respondent resides six (6) months prior to the filing of the petition.
4. Attend the pre-trial conference
   This is a mandatory procedure aimed at dealing with certain issues to speed up the process. Failure of the petitioner to appear can lead to the dismissal of the petition.
5. Go through the trial
   This is when arguments for and against the annulment are heard. Several hearings may be needed.
6. Receive the judge’s decision
   The decision is considered final after the lapse of fifteen (15) days from receipt of the Decision if no reconsideration or appeal is sought by either party.
7. Settle asset distribution
   Liquidation and separation of assets, child custody, support, and presumptive legitimises (i.e., the assets the children are entitled to inherit) and other issues related to the annulment of marriage may be agreed upon by both parties.

The entire annulment process can take as long as one to two years, or more. The length of time and the high costs involved in annulment are two factors that divorce advocates cite in calling for a divorce law in the Philippines.

<end snip>

 

[BrettGC]

Not quite "no fault divorce" but a step in the right direction.  

I wonder if the if the actual 5 year separation period is recognised in law from the moment it is filed and has an impact on the adultery laws.  

Annulment seems to be both a secular legal and religious term in PI.  If you're Roman Catholic and wish to be re-married in the Catholic church, you still have to receive an annulment from the church itself regardless of your civil/legal status.  The difficulty can vary depending on your diocese and frequently comes down to how conservative or not your local Bishop is.  Pope Francis is conservative in this respect but liberal in many other ways.  For example he's again recently commented that allowing priests to marry could be a possibility in the future.  Some suspect he's not as conservative with respect to divorce as he states but rather knows which battles to choose.  

[craftbeerlover]

6 hours ago, Lee said:

Does the church actually get involved in an annulment?  IDK 

Thought perhaps that annulments were dealt with only in the courts.

You are absolutely correct, annulments go thru the courts (Lawyer).   The annulment lawyers will just become divorce lawyers, business will be BOOMING

[Ram1957]

The Speaker of the Senate has already said that the committee decision is not absolute. https://www.rappler.com/nation/joel-villanueva-statement-senate-panel-approval-divorce-bill/

[Snowy79]

I'm under the impression once it's passed the three readings of the Senate which it has it then goes to the House for 3 more readings before being passed to the President for signing. He has 30 days to sign it or veto it then it passes into law 15 days after being published in a journal. 

[Mike J]

14 hours ago, Snowy79 said:

I'm under the impression once it's passed the three readings of the Senate which it has it then goes to the House for 3 more readings before being passed to the President for signing. He has 30 days to sign it or veto it then it passes into law 15 days after being published in a journal. 

Correct.  Also If the president takes no action within the 30 days (refuses to sign or to veto), the bill automatically becomes law.

Another sometime minor issue can pop up if the bill passed by the senate is "not compatible"  with the bill passed by the house.  If that happens the difference are worked out by committee and becomes the "final" bill sent to the president for signature.