RH Law mover sets sights on divorce law | ABS-CBN
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RH Law mover sets sights on divorce law
RH Law mover sets sights on divorce law
RG Cruz,
ABS-CBN News
Published Jun 30, 2016 08:31 PM PHT
MANILA - After championing the passage of the Reproductive Health Law in the previous Congress, returning Albay congressman Edcel Lagman is now setting his sights on the passage of another equally controversial measure: a divorce law.
MANILA - After championing the passage of the Reproductive Health Law in the previous Congress, returning Albay congressman Edcel Lagman is now setting his sights on the passage of another equally controversial measure: a divorce law.
Lagman filed Thursday House Bill (HB) No. 116 instituting absolute divorce in the Philippines.
Lagman filed Thursday House Bill (HB) No. 116 instituting absolute divorce in the Philippines.
The Philippines is the only country in the world today which has no law on absolute divorce, after Malta on May 28, 2011 recommended by referendum the approval of its own divorce law.
The Philippines is the only country in the world today which has no law on absolute divorce, after Malta on May 28, 2011 recommended by referendum the approval of its own divorce law.
"While most marriages are supposed to be solemnized in heaven, the reality is many marriages plummet into hell - in irremediable breakdown, spousal abuse, marital infidelity and psychological incapacity, among others, which bedevil marriages," the congressman said.
"While most marriages are supposed to be solemnized in heaven, the reality is many marriages plummet into hell - in irremediable breakdown, spousal abuse, marital infidelity and psychological incapacity, among others, which bedevil marriages," the congressman said.
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Lagman said that under his proposal, spouses in irremediably failed marriages can secure a divorce under limited grounds to avoid abuse, save the children from the pain and stress of their parents' marital clashes, and grant the divorced spouses the right to marry again for another chance to achieve marital bliss.
Lagman said that under his proposal, spouses in irremediably failed marriages can secure a divorce under limited grounds to avoid abuse, save the children from the pain and stress of their parents' marital clashes, and grant the divorced spouses the right to marry again for another chance to achieve marital bliss.
If the bill is passed into law, the government must ensure that divorce proceedings are "inexpensive and affordable."
If the bill is passed into law, the government must ensure that divorce proceedings are "inexpensive and affordable."
"Upon application by the petitioner, the proper court may waive the payment of filing fees and other costs of litigation."
"Upon application by the petitioner, the proper court may waive the payment of filing fees and other costs of litigation."
Lagman said the grounds for legal separation and annulment of marriage provided for in the Family Code of the Philippines have been adopted as among the grounds for absolute divorce.
Lagman said the grounds for legal separation and annulment of marriage provided for in the Family Code of the Philippines have been adopted as among the grounds for absolute divorce.
The existing grounds for legal separation are marital abuse, sexual infidelity, attempt against the life of the other, abandonment, de facto separation, conviction for a crime when the sentence is more than six years, contracting a subsequent bigamous marriage, drug addiction or habitual alcoholism, and lesbianism or homosexuality.
The existing grounds for legal separation are marital abuse, sexual infidelity, attempt against the life of the other, abandonment, de facto separation, conviction for a crime when the sentence is more than six years, contracting a subsequent bigamous marriage, drug addiction or habitual alcoholism, and lesbianism or homosexuality.
For annulment of marriage the current grounds are lack of parental consent, vitiated consent, impotency, insanity and affliction of sexually transmissible disease.
For annulment of marriage the current grounds are lack of parental consent, vitiated consent, impotency, insanity and affliction of sexually transmissible disease.
Psychological incapacity under Article 36 of the Family Code is included as another ground for absolute divorce.
Psychological incapacity under Article 36 of the Family Code is included as another ground for absolute divorce.
Four (4) additional grounds for absolute divorce are provided for in House Bill 116, namely, when either of the spouses secures:
Four (4) additional grounds for absolute divorce are provided for in House Bill 116, namely, when either of the spouses secures:
(1) a valid foreign divorce,
(1) a valid foreign divorce,
(2) canonical divorce, and
(2) canonical divorce, and
(3) gender reassignment surgery, as well as
(3) gender reassignment surgery, as well as
(4) when irreconcilable differences or conflicts exist between the married couple which are beyond redemption despite earnest and repeated efforts at reconciliation.
(4) when irreconcilable differences or conflicts exist between the married couple which are beyond redemption despite earnest and repeated efforts at reconciliation.
Lagman said the institution of absolute divorce is a pro-woman legislation for the following reasons:
Lagman said the institution of absolute divorce is a pro-woman legislation for the following reasons:
1. Traditionally, in a marriage relation, the husband is more ascendant than the wife. It is the woman who is usually brutalized and it is the man who philanders and gets away with it.
1. Traditionally, in a marriage relation, the husband is more ascendant than the wife. It is the woman who is usually brutalized and it is the man who philanders and gets away with it.
2. Under these foreboding and unequal circumstances, a wife needs an absolute divorce more than the husband.
2. Under these foreboding and unequal circumstances, a wife needs an absolute divorce more than the husband.
3. In divorce proceedings, the wife as the innocent spouse, needs a court-decreed alimony and support for the child or children under her custody with corresponding fines and contempt of court for delinquency in providing financial support.
3. In divorce proceedings, the wife as the innocent spouse, needs a court-decreed alimony and support for the child or children under her custody with corresponding fines and contempt of court for delinquency in providing financial support.
4. Absolute divorce is not only a women's issue. It is a poor women's issue. Poor women cannot afford the current exorbitant expense for legal separation or annulment of marriage.
4. Absolute divorce is not only a women's issue. It is a poor women's issue. Poor women cannot afford the current exorbitant expense for legal separation or annulment of marriage.
5. An absolute divorce is a merciful liberation of the hapless wife from a long-dead marriage.
5. An absolute divorce is a merciful liberation of the hapless wife from a long-dead marriage.
In the 16th Congress, Gabriela party list also filed a bill proposing divorce. However that did not prosper.
In the 16th Congress, Gabriela party list also filed a bill proposing divorce. However that did not prosper.
The reproductive health, divorce and same sex marriage bills have been heavily criticized by the Catholic Church in the Philippines.
The reproductive health, divorce and same sex marriage bills have been heavily criticized by the Catholic Church in the Philippines.
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