Pimentel against ‘US-style divorce’: ‘Love is gone’ reason too subjective

MANILA, Philippines — Senator Aquilino “Koko” Pimentel III on Thursday renewed his stand against “US-style divorce”, saying “the love is gone” as the reason to end the marriage is too subjective. 

During the Kapihan sa Senado, Pimentel said the term divorce is too “loaded” and proposed for another term such as “dissolution of marriage.”

“Ang divorce… is a loaded word. Kapag sinabi mong divorce lalo na tayong mga Pilipino, we are familiar with the US-style divorce na umaabot na sa no fault divorce. Anong ibig sabihin ng no fault divorce? Ayaw na namin sa isa’t-isa.  Kung ganyan ang tinatanong mo sa amin na kasama ‘yang ganyang konsepto, hindi ako sang-ayon dyan,” Pimentel said.

“But if ang hinahabol natin is a remedy to a married couple with irreconcilable differences, hanapan natin ng remedy dyan. To give it another name, open ako. For example ‘dissolution of marriage’ remedy which can amount actually to a divorce except that hindi siya umabot all the way to the American-style divorce na wala ng reason just because the love is gone,” the senator added. 

Further, Pimentel explained that “the love is gone” as a reason to end the marriage is “too subjective.” 

“Pag ganun kasi napaka-subjective na the love is gone sasabihin mo na lang sa sarili mo na ‘today, the love is gone.’ Malay mo pala with a little bit of effort, mahahanap mo pala that the love is still there,” the senator explained. 

While Pimentel recognized that there are cases of irreconcilable difference for some couples, the senator underscored the importance of marriage and family especially in the Philippines urging couples to “give effort to saving the marriage.”

“Ang importante ganito, lalo na sa Pilipinas, family is a basic social institution tapos inviolable pa supposed to be yung marriage vows. Ang importante lang is give effort to saving the marriage or the union. Pero kung talagang irreconcilable we have to look for that remedy,” Pimentel said.  

The senator also noted the existing Article 36 of Family Code which states that “a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

On criticisms on the cost of annulment in the country, Pimentel said it should instead be made more accessible. 

“Although there is already an existing remedy, Article 36 ng Family Code. Pero marami pa ring reklamo na it’s an inaccessible remedy — so yun ang solve natin. There’s already a remedy. Ganun ba napakataas ba? Edi babaan natin ngayon to make it accessible,” Pimentel said.

“Don’t use the term divorce… What we really want is a remedy for a married couple with irreconcilable differences and maybe a violent relationship. I-solve natin yun. Kawawa din naman. Isolve natin yun,” the senator noted. 

For the 18th Congress, Senator Risa Hontiveros has filed another divorce proposal in the Senate. 

Under the Divorce Act of 2019, psychological incapacity of either spouse, irreconcilable marital differences, marital rape, or being separated for at least 5 years, among others, will be deemed valid grounds for divorce. 

“Buo ang aking simpatya at suporta sa ating mga kababayan lalo na ang mga kababaihang nais lumasya sa mapang-abusong relasyon,” Hontiveros said in a Kapihan sa Senado forum on Wednesday. /je

READ: Hontiveros refiles divorce bill