MANILA, Philippines?The representative of Gabriela women?s party-list group in the House of Representatives on Friday expressed dismay over President Benigno Aquino III?s position on the divorce bill, which was refiled last week in an attempt to finally legalize divorce in the country.
?We are disappointed. If he has read and studied the bill, he will not compare it to a Las Vegas divorce model,? said Rep. Luz Ilagan in a statement.
Ilagan pointed out that President Aquino had been quoted as saying that ?divorce is a no-no,? and that legally-separated couples should be allowed to remarry.
This did not sit well with Ilagan.
?The Family Code provides that legal separation will not result (in) the dissolution of a marriage; thus, marrying another, after being legally separated, is tantamount to bigamy and adultery,? said the lawmaker.
According to Ilagan, House Bill No. 1799, otherwise known as an Act Introducing Divorce in the Philippines, would not allow a ?no-fault divorce? similar to what was being implemented in Las Vegas.
Divorce, RP-style
?HB 1799 was carefully crafted to take into consideration Philippine values and traditions that give utmost importance to the way Filipinos appreciate the family as an institution,? she said, adding:
?It will not allow couples to get married today and get divorced tomorrow.?
Speaking to reporters early this week, President Aquino thumbed down a legislation that would legalize divorce although this could potentially benefit his own sister, actress-TV host Kris Aquino, who has filed a case for annulment of marriage from her husband, basketball star James Yap.
?Definitely I cannot support something like what you do in Las Vegas?the stereotype that you get married in the morning, you can get divorced in the afternoon,? said Aquino, the country?s first bachelor President.
Aquino, however, acknowledged the prevalence of troubled marriages.
?I do recognize that there have been unions that were wrong, that no matter what interventions are done, no matter what counseling is done, they really cannot stay together. There is danger to either one or both parties in the marriage especially the children. Divorce is a no-no. But in legal separation, you can assert that there really are irreconcilable differences,? Aquino said.
To which Ilagan said: ?HB 1799 is divorce, Pinoy-style.?
When Gabriela Reps. Ilagan and Emerenciana de Jesus filed the bill in the present Congress, they stressed that legalizing divorce would give ?married couples in irreparable marriages another legal remedy that they can resort to in addition to the country?s existing laws on legal separation and annulment.?
They said a divorce law could help put an end to domestic violence still prevalent among married Filipino couples.
The Philippines is one of only two countries in the world (excluding the Vatican) that has not legalized divorce.
?For women in abusive marital relationships, the need for a divorce law is real. It is high time that we give Filipino couples, especially the women, this option,? said Ilagan and De Jesus in the bill?s explanatory note.
Grounds for divorce
Ilagan explained that the divorce law that Gabriela was pushing has listed down five grounds for the filing of a petition for divorce.
?Thus, a divorce will not be granted to any couple or individual who capriciously thinks about getting one,? she said.
According to HB 1799, couples who may apply for divorce include those who have been separated in fact for five years and those already legally separated for two years.
Grounds for legal separation may also apply when these same grounds have already caused the irreparable breakdown of the marriage.
In addition, psychological incapacity, causing one?s failure to comply with essential marital obligations and irreconcilable differences causing the irreparable breakdown of the marriage are also recognized as grounds for divorce.
HB 1799 presents divorce as just one of the several options that couples in failed and irreparable marriages can resort to, in addition to annulment and legal separation, said Ilagan.
