Gordon says divorce bill violates PH Constitution | Inquirer News

Gordon says divorce bill violates PH Constitution

By: - Reporter / @MAgerINQ
/ 03:10 PM March 20, 2018

Richard Gordon

Sen. Richard Gordon (File photo by LYN RILLON / Philippine Daily Inquirer)

Senator Richard Gordon believes that the divorce bill would violate the Constitution.

Voting 134-57 with two abstentions on Monday, the House of Representatives approved House Bill No. 7303 known as “An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines.”

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“Ako I think, it will violate the Constitution because nakalagay dun marriage is a social institution that the government should try and protect,” Gordon told reporters on Tuesday.

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“But on the other hand, also, dapat makahanap tayo ng paraan na talagang bigyan sila ng pagkakataon na makapag divorce, pero hindi dapat madali. Pag nag-asawa ang tao dapat sikapin niyang mag-work. At kung talagang irreconcilable na talaga, nakakasama lalo na dun sa bata, then dapat limited… Meron na ngayon eh, annulment,” he said.

Gordon said there should be “serious reasons” why two people, who were supposed to be in love and got married, should dissolve their marriage.

The House-approved bill enumerated the following grounds for an absolute divorce:

  • Reasons stated under legal separation and annulment under the Family Code of the Philippines
  • Separation in fact for at least five years
  • Legal separation by judicial decree for at least two years
  • Psychological incapacity
  • Gender reassignment surgery
  • Irreconcilable differences
  • Joint petition of spouses

The measure also provides for a mandatory six-month cooling-off period for petitioner spouses, and also recognizes

the reconciliation of the spouses through a joint manifesto under oath submitted to the court.

READ: House approves divorce bill on 3rd and final reading

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Senate President Aqulino “Koko” Pimentel III said this “new idea” of dissolution of marriage” should be studied first.

“Speaker tells me there’s a difference. Hence, we study it if it’s true,” Pimentel said in a message to Senate reporters, referring to Speaker Pantaleon Alvarez. /jpv

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TAGS: Constitution, divorce, Gordon, House, marriage

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