Escudero sees path forward for divorce proponents in Senate | ABS-CBN
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Escudero sees path forward for divorce proponents in Senate
Escudero sees path forward for divorce proponents in Senate
Engin Akyurt, Unsplash
Engin Akyurt, Unsplash MANILA – Senate President Francis Escudero said Wednesday he sees a path forward for proponents of the controversial divorce bill in the Senate.
MANILA – Senate President Francis Escudero said Wednesday he sees a path forward for proponents of the controversial divorce bill in the Senate.
The House of Representatives has approved its version of the divorce bill that remains pending before the Senate.
The House of Representatives has approved its version of the divorce bill that remains pending before the Senate.
Escudero said the House's version is “not necessarily” headed for a dead end at the Senate.
Escudero said the House's version is “not necessarily” headed for a dead end at the Senate.
"There are those in favor of this in the Senate and following this version as well, sa ganitong bersyon, malamang may pag-asang pumasa yun sa Senado at tignan natin kung magkakasundo ang House at ang Senado sa bicam," Escudero said.
"There are those in favor of this in the Senate and following this version as well, sa ganitong bersyon, malamang may pag-asang pumasa yun sa Senado at tignan natin kung magkakasundo ang House at ang Senado sa bicam," Escudero said.
"Pwede naman pag usapan yun sa amendments kung sasang-ayon si Sen. [Risa] Hontiveros."
"Pwede naman pag usapan yun sa amendments kung sasang-ayon si Sen. [Risa] Hontiveros."
Escudero said he requested Hontiveros, the principal sponsor of the Senate version of the bill, to deliver last week a privilege speech to signal openness to changes in the Senate version to make it more acceptable to senators.
Escudero said he requested Hontiveros, the principal sponsor of the Senate version of the bill, to deliver last week a privilege speech to signal openness to changes in the Senate version to make it more acceptable to senators.
"Ako ang nag-request kay Senator Risa na magdeliver ng privilege speech kaugnay sa mga pagbabago na bukas siyang tanggapin na hindi sang-ayon doon sa bill na una na niyang finile, committee report na una niya nang finile para mapakinggan ng aming mga kasamahan at para on the record na ito na yung direksyon na tinatahak nito,” Escudero said.
"Ako ang nag-request kay Senator Risa na magdeliver ng privilege speech kaugnay sa mga pagbabago na bukas siyang tanggapin na hindi sang-ayon doon sa bill na una na niyang finile, committee report na una niya nang finile para mapakinggan ng aming mga kasamahan at para on the record na ito na yung direksyon na tinatahak nito,” Escudero said.
“Sang-ayon halos doon sa mga binanggit ko kanina kung mapapansin mo yung talumpating kaniyang dineliver. So, oo, nagbubukas nang konti yun pero di ako pwedeng magsalita para sa lahat kaugnay nito. Hindi ko tatawaging breakthrough pero hakbang papalapit sa pagpasa yung nangyaring yun."
“Sang-ayon halos doon sa mga binanggit ko kanina kung mapapansin mo yung talumpating kaniyang dineliver. So, oo, nagbubukas nang konti yun pero di ako pwedeng magsalita para sa lahat kaugnay nito. Hindi ko tatawaging breakthrough pero hakbang papalapit sa pagpasa yung nangyaring yun."
Escudero said current laws only need to be tweaked to have the effect of a divorce law as he reiterated that he favors making annulment or nullity of marriage more accessible and affordable.
Escudero said current laws only need to be tweaked to have the effect of a divorce law as he reiterated that he favors making annulment or nullity of marriage more accessible and affordable.
He said the debate on the divorce bill has become a matter of pride when there is a potential path forward.
He said the debate on the divorce bill has become a matter of pride when there is a potential path forward.
"Yung debate o argumento may divorce ba tayo o hindi. Pride na lang yun at away na lang yun ng mga nagmamarunong eh bakit po Article 36 of the Family Code actually in a way provides for divorce already and to think this was passed during the time of former President Aquino via an executive order signed by her, not a law passed by Congress," Escudero said.
"Yung debate o argumento may divorce ba tayo o hindi. Pride na lang yun at away na lang yun ng mga nagmamarunong eh bakit po Article 36 of the Family Code actually in a way provides for divorce already and to think this was passed during the time of former President Aquino via an executive order signed by her, not a law passed by Congress," Escudero said.
"Article 36 of the Family Code states, psychological incapacity which is the inability of a spouse to perform essential marital obligations is a ground to declare the nullity of marriage, provided it existed at the time of marriage and this is where it becomes semi-divorce, even if it became apparent after the marriage," he added.
"Article 36 of the Family Code states, psychological incapacity which is the inability of a spouse to perform essential marital obligations is a ground to declare the nullity of marriage, provided it existed at the time of marriage and this is where it becomes semi-divorce, even if it became apparent after the marriage," he added.
Escudero said that from the point of view of law, the ground for annulment should have occurred at the time of marriage, while divorce in other countries states that the ground can occur after the marriage.
Escudero said that from the point of view of law, the ground for annulment should have occurred at the time of marriage, while divorce in other countries states that the ground can occur after the marriage.
Escudero said a tweak to the laws would better serve the interest of couples in marriages that are no longer viable.
Escudero said a tweak to the laws would better serve the interest of couples in marriages that are no longer viable.
"Yung ating kasalukuyang Article 36 noong ginamit yung phrase na ‘must exist at the time of marriage’, even if became apparent after the marriage parang one foot in, one foot out na yun eh di ba," Escudero said.
"Yung ating kasalukuyang Article 36 noong ginamit yung phrase na ‘must exist at the time of marriage’, even if became apparent after the marriage parang one foot in, one foot out na yun eh di ba," Escudero said.
“So yun dapat liwanagin at pahintulutan ng PAO (Public Attorney's Office) hawakan yung mga kasong yun and then pwede na yun, na hindi tayo nagyayabangan ng titulong o may divorce na rito o walang divorce dito, sila lang naman nag-aaway doon. Ang tanong mabebenpisyuhan ba yung mahihirap nating kababayan na nasa isang relasyon na di sila masaya o bayolente na.”
“So yun dapat liwanagin at pahintulutan ng PAO (Public Attorney's Office) hawakan yung mga kasong yun and then pwede na yun, na hindi tayo nagyayabangan ng titulong o may divorce na rito o walang divorce dito, sila lang naman nag-aaway doon. Ang tanong mabebenpisyuhan ba yung mahihirap nating kababayan na nasa isang relasyon na di sila masaya o bayolente na.”
Escudero said he wanted to revisit the grounds of nullity in marriage in the Family Code to clarify psychological incapacity instead of leaving it to the court's discretion.
Escudero said he wanted to revisit the grounds of nullity in marriage in the Family Code to clarify psychological incapacity instead of leaving it to the court's discretion.
"Buksan natin yung probisyon ng nullity of marriage sa ilalim ng Article 6 ng Family Code para yung grounds andoon na talaga. Hindi yung magdedesisyson pa ang korte kung pasok ba ito sa psychological incapacity o hindi," Escudero said.
"Buksan natin yung probisyon ng nullity of marriage sa ilalim ng Article 6 ng Family Code para yung grounds andoon na talaga. Hindi yung magdedesisyson pa ang korte kung pasok ba ito sa psychological incapacity o hindi," Escudero said.
Last week, Hontiveros urged her colleagues to deliberate and approve the longstanding proposal to enact a dissolution of marriage law, also known as the proposed divorce bill.
Last week, Hontiveros urged her colleagues to deliberate and approve the longstanding proposal to enact a dissolution of marriage law, also known as the proposed divorce bill.
Stressing that she respects the sanctity of marriage, Hontiveros raised the plight of troubled marriages.
Stressing that she respects the sanctity of marriage, Hontiveros raised the plight of troubled marriages.
Hontiveros said the absence of a law allowing the dissolution of marriage is not merely a legal oversight but a moral failing. She urged her colleagues not to turn a blind eye to the suffering of fellow Filipinos.
Hontiveros said the absence of a law allowing the dissolution of marriage is not merely a legal oversight but a moral failing. She urged her colleagues not to turn a blind eye to the suffering of fellow Filipinos.
In recent months, Hontiveros' colleagues in the Senate have been split about the proposal, which remains pending in the Senate.
In recent months, Hontiveros' colleagues in the Senate have been split about the proposal, which remains pending in the Senate.
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