Solon says divorce bill not about religion: It’s for due process, justice

MANILA, Philippines — Amid the discussions about the proposed Absolute Divorce Act, Manila 3rd District Representative Joel Chua believes that such an issue should not be tied to religion because the bill pushes for the provision of due process and justice to people locked in failed marriages.

Chua in a statement on Friday said that the government should always be inclusive in crafting laws, as the focus should be what is just and right for everyone.

“I voted my conscience. I firmly believe voting on the divorce bill should not be based on religion. We should be inclusive when making decisions, especially about governance, because governance is not about religion. Governance is about what is right and just for everyone. We should give our people choices. Lack of choices is another form of poverty. Happiness is a right everyone should enjoy,” Chua said.

“Philippine society is made up of different faiths and cultures. We do not have a state religion because that runs counter to what democracy is. We have freedom of religion and nondiscrimination based on religious beliefs enshrined in our Constitution and laws. I cannot impose my Catholic beliefs on anyone else because faith is a matter of personal, individual choice in a democratic society,” he added.

According to Chua, Filipinos must acknowledge that many of their fellow citizens are not Catholics and that their religion allows separation or remarriage.

“I recognize also that many Filipinos are not Catholics, not Christians, and some even allow marriage to more than one wife or divorce any of their wives based on their religion or customs. I cannot impose my beliefs about marriage and divorce on them,” he said.

“But as a public servant involved in governance, I cannot, in conscience participate in denying them the option of divorce when it is their choice to avail of it,” he added.

Divorce has been a contentious topic in the country.  Even in the House of Representatives, the divorce bill as contained in House Bill No. 9349 was approved on the third reading with a slim advantage — 131 votes in the affirmative, 109 in the negative, and 20 abstentions.

READ: House approves divorce bill on final reading

Since the bill’s approval at the House, there has been a lot of talk about divorce on social media, with many explaining that they are against the proposal because of their faith.

Pro-divorce individuals say that the absence of divorce as a legal option hinders couples in failed and abusive marriages from severing ties.  Anti-divorce advocates, meanwhile, said that the proposed measure would destroy Filipino families, which is regarded by the 1987 Constitution as the basic societal foundation of the nation.

As of now, the Philippines is one of the two countries in the world without divorce, the other being the Vatican, a city-state that is the seat of the Roman Catholic Church.

READ: Divorce: ‘Not for everyone’

There are also some who note that the country already has laws on separation, but Chua said it might not be enough to address other grounds for separation which only divorce can address.

“As an advocate of our society’s laws, those same laws require that I respect and enforce the civil rights and due process inherently deserved by every citizen, including spouses and their children trapped and held hostage in marriages that have collapsed beyond repair and threaten death or serious injury to them,” he said.

“Some have argued that the options of legal separation and annulment are available, therefore there is no need for a divorce law. My retort to that is: Justice delayed is justice denied. By the time those options reach their conclusions, irreparable damage has been inflicted on the abused spouse or both spouses and/or on their children,” he added.

Under the proposed Absolute Divorce Act, several conditions like physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner, an attempt to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement, final judgment in court, drug addiction, homosexuality, and other reasons may be justifiable reasons for divorce.

However, technical questions also surround the proposal. Last Tuesday, Manila 6th District Rep. Bienvenido Abante Jr. cautioned fellow lawmakers against making pronouncements that the divorce bill will certainly become law, as there are still issues surrounding the proposal’s voting tally.

Abante said that HB No. 9349 is not a done deal despite it being approved in the House, as the chamber has deferred transmission of the bill to the Senate.

READ: Abante: Divorce bill ‘not a done deal’ amid alleged voting issues  

HB No. 9349 was approved on the third reading last May 22 with 126 votes in the affirmative, 109 in the negative, and 20 abstentions.  Controversy soon followed the bill after it was announced that there were actually 131 lawmakers who made a yes vote, sparking speculations that the tally was changed to get a majority vote.