Two women lawmakers have filed a bill seeking the legalization of divorce in the Philippines, drawing opposing reactions from members of the House of Representatives. In filing House Bill 1799, Gabriela party-list Representatives Luzviminda Ilagan and Emerenciana de Jesus said divorce should be made an option for couples in failed and irreparable marital relationships. "Couples must have the option to avail of the remedies that will pave the way for the attainment of their full human development and self-fulfillment and have protection of their human rights. Existing laws are not enough to guarantee and protect these rights," they said. They stressed that even when couples start out well in their marriage, harsh political, economic and social realities could strain the relationship, leading some people to violence. The lawmakers cited a 2009 study showing that 19 women were victims of marital violence every day, and that according to records from the Philippine National Police, wife battery had the highest incidence – at 6,738 or 72 percent of over 9,000 cases – among different forms violence and abuse. Ilagan and De Jesus said the divorce bill is a product of consultations with women lawyers, and inspired by studies and inputs of various women’s groups and experiences of spouses gathered by Gabriela. According to them, battered women seek separation only after many years of trying to make the marriage work and finding out that it is necessary for their and their children’s survival. “Divorce could actually provide protection to battered women and their children from further violence and abuse," they said. Existing remedies The bill's proponents stressed that the proposed measure only added divorce to existing remedies to troubled marriages. Legal separation, declaration of nullity of marriage and annulment are still retained. "Couples may choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs and emotional state," they said. Under the bill, divorce may be filed:
if the petitioner has been separated de facto from his or her spouse for at least five years and reconciliation is highly improbable; if the petitioner has been legally separated from his or her spouse for at least two years and reconciliation is highly improbable; when any of the grounds for legal separation has caused the irreparable breakdown of the marriage; when one or both spouses are psychologically incapacitated to comply with the essential marital obligations; and when the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage. Divergent opinions The Gabriela representatives found allies in Negros Occidental Rep. Ignacio Arroyo Jr, Zambales Rep. Ma Milagros Magsaysay and Akbayan Rep. Walden Bello, but stood opposed by at least five colleagues. Arroyo said it’s too early to say if the bill will prosper, but at the very least, it has a chance. "I am in favor of the bill," he said in a text message to GMANews.TV. Magsaysay believes the bill should be seriously looked into as times have changed and more couples are separating without protection for the rights of both spouses and their children. "Though it will encourage a lot of debates, this will be good as it will really bring the real picture of the state of family and how we can ensure and protect everyone’s rights," Magsaysay said. Bello said he supports the bill because he wants the Philippines to have such a law. "Let’s join the 20th century," he said. Parañaque Rep Roilo Golez, on the other hand, opposed the bill as it is like giving a married couple a weapon of mass destruction that they can use against each other even for petty, solvable marital problems. "Look at what’s happening in other countries with divorce. Half of my classmates at Annapolis ended up divorcing a few years after they got married, many because of flimsy reasons by their own admission," he said. Eastern Samar Rep. Ben Evardone said he is against the legalization of divorce. “We must continue to work for the preservation of the sanctity of marriage and the family. Legalizing divorce might encourage or promote destruction of families," he said. Cavite Rep. Elpidio Barzaga believes the family is the foundation of a good citizenry and allowing absolute divorce would undoubtedly weaken the solidarity of the family. "It would also encourage married couples who have differences to immediately seek divorce, though differences can still be reconciled. Moreover, I anticipate that the various churches in the Philippines would lobby against the bill. I still adhere to the biblical saying that what God had joined together, let no man divide it . Therefore, I vehemently object the bill," he said. 'Will not prosper' Marikina Rep. Romero Federico Quimbo said he has not yet seen the bill and he doesn’t want to prejudge but he is against the idea of legalizing divorce. "I believe it will not prosper as there is an overwhelming majority of congresspersons who believe in the sanctity of the family and its preservation as primary fabric of society," he said Quimbo said the country has enough laws already that allow defective marriages to be annulled and free the couple from bondage. "The solution is to make these laws more accessible and equitable. The solution is not to make dissolution easier through divorce. The state should spend more resources counseling and advicing couples especially the poor who don’t have access to psychiatrists. Preservation, not destruction of the family," he said. Aurora Rep. Juan Edgardo Angara said he is amenable with the idea of freeing couples in bad relationship but the sanctity of marriage should still be respected. “Kapag nagkaroon g divorce law, tayo ay magiging tulad ng ibang bansa na kung saan basta na lang magpapakasal dahil alam na may divorce at di seseryosohin. May mga epekto din ito sa magiging mga anak ng mag-asawa," he said. The Catholic Church is expected to oppose the divorce bill to protect the sanctity of marriage, one of the sacraments of the Catholic faith. — LBG/RSJ, GMANews.TV 
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