Villanueva says Senate still studying divorce bill | ABS-CBN

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Villanueva says Senate still studying divorce bill

Villanueva says Senate still studying divorce bill

RG Cruz,

ABS-CBN News

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MANILA — A senator on Thursday said members of the chamber are still studying their version of the proposed divorce law.

"A committee report on the proposed Dissolution of Marriage Act has been prepared and submitted to the Senate. We have been consulting with our colleagues on this subject, and just like with all other proposed legislations, the Senators are thoroughly studying and analyzing the implications of this proposal., Senate Majority Leader Joel Villanueva said in a text message.

Villanueva is tasked with managing the agenda of the plenary sessions.

Earlier Thursday, Senate Committee on Women, Children, Family Relations and Gender Equality Chair Risa Hontiveros appeared inspired to further press on with the divorce bill at the Senate after the House of Representatives approved their version on 2nd reading.

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The bill will be ripe for final approval by the House next week. The House approved a similar bill in the 17th Congress but it died in the Senate.

"Sana all! We vow to continue to work in the senate to pass necessary though contentious legislation, despite the challenges we face." Hontiveros said. "Hinihintay ko lang na mailagay sa agenda ang pag-sponsor ko ng bill. I do hope my colleagues can support this important measure. Panahon na bigyan ng second chance sa pag-ibig at buhay ang mga Pilipinong babae, lalaki, bata, at pamilyang nangangailangan nito."

(We hope for the same. I continue to wait to be put on the agenda so I can sponsor the bill. It's time to give a second chance to people and families who need this.)

Senate Bill 2443 or the proposed "Dissolution of Marriage Act" has been pending Second Reading at the Senate since September 18, 2023.

The Senate website showed it was scheduled for sponsorship during the plenary session by Senate Committee on Women, Children, Family Relations and Gender Equality Chair Risa Hontiveros on that day.

Hontiveros' committee prepared and submitted the Committee Report covering SB 2443 which recommended its approval in substitution of Senate Bills 147 (Dissolution of Marriage Act) , 213 (Amending the Family Code (Defining and Introducing Divorce), 237 (Divorce Act of the Philippines), 554 (Recognizing the Foreign Decree of Termination of Marriage), 555 (Church Annulment Recognition Act),1198 (Expanding the Grounds for Legal Separation)  and 2047 (Church Decreed Annulment Act).

Senate Bill 2443 has Senators Hontiveros, Raffy Tulfo, Robinhood Padilla, Pia Cayetano and Imee Marcos as authors.

The Senate's version has the following grounds for divorce:
•  Five years of separation, whether continuous or broken, without a judicial decree of separation but  when the spouses are legally separated by judicial decree under Article 55 of the Family Code of the Philippines, a two (2) year period from the time of the issuance of the decree of legal separation will suffice.

•  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 article 55 of the Family Code or  any other special law; Provided, that, physical violence or grossly  abusive conduct under article 55(1) need not be repeated; Provided  further, that, lesbianism and homosexuality per se under article 55(6)  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, regardless of who they married.

•  Irreconcilable marital differences or irreparable breakdown of the marriage, despite earnest efforts at reconciliation, subject to a cooling off period of 60 days.

•  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, having the same effect as a decree of  divorce, annulment, dissolution or declaration of nullity issued by a competent court.

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