Senators are more inclined to make the existing marriage annullment process more accessible and affordable over approving the divorce bill passed by the House of Representatives, Sen. Joel Villanueva said Monday.

"Malinaw 'yung aming posisyon and I think maraming kasamahan ko dito sa Senado na ang posisyon ay gawing mas accessible at maging pro-poor itong annullment because the way I look at this divorce bill, pro rich pa rin po ito," Villanueva told reporters. 

"With that absolute divorce bill (it's) easy to decide to absolutely vote No."

The senator said there is nothing in the Absolute Divorce Bill that would "somehow lower the cost of this initiative."

"I don't see anything that says that tutulungan 'yung mga kababayan natin na namumrublema sa relationship if that is the noble intention of the bill. 'Yun 'yung isa sa mga weird," he said.

Villanueva said he prefers expanded marriage counselling services over the 60-day cooling period prescribed by the House bill for couples seeking a divorce.

"Baka dapat mas palawakin natin 'yung pagkakaroon ng marriage counselling services access dito. Marami akong concerns and you know, if we're going to debate on it on the floor, why not? I'll be ready," he said.

He  noted that the constitutionality of the proposed measure is also a serious concern, pointing out that the constitution states that marriage is an inviolable social institution.

In a Facebook post last week, constitutionalist and retired Supreme Court Associate Justice Adolfo Sevilla Azcuna noted that the framers of the charter did not mean for that provision to prohibit divorce.

"Against such arguments however it is pointed out that in the deliberations in the Constitutional Commission on this point, Joaquin G. Bernas, SJ asked the proponent Gascon whether the provision that Marriage as an inviolable social institution etc, would prohibit absolute divorce and the reply was 'No' per Dean Mel Sta. Maria." Azcuna stated.

NEW POLL

For his part, Senate President Francis Escudero said senators' positions on the divorce bill are unaffected by a new poll showing support for the enactment of a divorce law.

Chiz says House-approved divorce bill not affordable for the poor

The Social Welfare Stations survey shows that 50 percent of adult Filipinos support divorce for separated couples who can no longer reconcile.

"Nakita ko na 'yun. 'Yun naman talaga 'yung survey kahit noon pa subalit nananatiling pareho naman ata 'yung posisyon ng mga senador kaugnay nito, pabor man o kontra sa panig ko sa kasalukuyang bersyon na pinasa sa Kamara. Tutol ako doon maliban na lang kung tatanggap sila ng ibang amendments kaugnay ng kanilang panukala," Escudero told media. (I already saw that survey but the positions of Senators are unchanged. For my part, I object to the House version unless there are amendments)

There are so far 7 Senators supportive and 6 senators against enacting a divorce law in the country, with 2--Sonny Angara and Bong Revilla--- still studying the measure. 

Senator Win Gatchalian has not read either the House or Senate versions.  Senator Loren Legarda wants to see the final version before taking a stand.

Previously, Senate President Francis Escudero, Senator Joel Villanueva, Senate Minority Leader  Koko Pimentel, Senate President Pro Tempore Jinggoy Estrada, Senators Cynthia Villar,  and Juan Miguel Zubiri have gone on the record against the House approved version of the divorce law.

Senator Grace Poe told media that she will support the bill but will amend certain provisions.  Poe also indicated signed to indicate she will amend or interpellate. Senator JV Ejercito also said he is leaning in favor of the bill. That's in addition to the authors of the Senate's version of the proposed divorce law. 

Senate Bill 2443, principally authored by Senators Risa Hontiveros, Raffy Tulfo, Robinhood Padilla, Pia Cayetano and Imee Marcos, is pending 2nd Reading before the Senate Plenary. Pimentel also signed but indicated he will interpellate during the plenary deliberations. 

The Committee Report was filed September 18, 2023.