Neophyte Senator Robin Padilla on Sunday rejected allegations that the bill he filed seeking to legalize divorce in the Philippines is meant to destroy Filipino marriages.
In a Facebook Live, Padilla clarified that the divorce bill he filed actually aims to protect the marriage—including the woman, man, and their children.
“Sabi nga po nila, baka raw itong panukala ang sisira sa kasal. Ay, hindi po! Itong panukalang ito ang nagbibigay proteksyon sa kasal na masakit man sabihin ay sira na (There are those who claim this bill seeks to destroy marriage. That is not true! This bill aims to protect the parties in a marriage that is sadly doomed),” Padilla said
Padilla said that while he favors marriages to last forever, the reality is there are marriages that are doomed due to irreconcilable differences.
That is why under his bill, Padilla said a petition for divorce may be filed if: the husband or wife cannot fulfill his/her obligation in the marriage; both parties in the marriage have irreconcilable differences; the marriage was annulled abroad; the husband or wife is presumed dead in accordance with Articles 390 and 391 of the Civil Code of the Philippines; and if a party is convicted of violating the "Anti-Violence Against Women and Their Children Act.”
Padilla also said that under the version of the bill, a petition for divorce can be filed if there is
an attempt on the life of the child of the couple or of the petitioner; having children outside the marriage except if both agree to have a child through IVF or similar prodedure; or if the woman bears a child after being raped; there are grounds for annulling the marriage based on the Family Code of the Philippines; there is repeated abuses against the petitioner or his/her child; both parties have been living separately for two years at the time the petition was filed; and if the couple legally separated through a judicial decree under Article 55 of the Family Code of the Philippines
Padilla also said the bill also provides for a "mandatory cooling-off period" after the petition is filed.
He also said the petition for divorce may be dismissed if the two parties submit a verified joint motion; or if the court finds evidence of collusion between them.
“Wala tayong sinisirang pamilya. Pinroproteksyunan natin ang hindi magkasundo (We are not destroying the family but protecting it if the marriage is doomed by irreconcilable differences),” he stressed.
According to Padilla, the Philippines is currently the only state in the world aside from Vatican City that does not recognize divorce.
But a 2017 Social Weather Stations (SWS) survey showed 53 percent of Filipinos favor divorce for couples with irreconcilable differences.
And while the Philippines allows annulment, this is a very costly process: “Paano kung walang pera (What if the couple does not have money)?" he asked.
Also, Padilla stressed the need to protect women who, after separating from their husbands, find a new partner, as they are subjected to unfair rumors while the children they will have with their new partners are considered “bastards.”
“Unfair eh (that’s unfair),” the senator said.