Why You Need to be Involved in Discussions about the Divorce Bill

“Why does everyone seem to be talking about divorce on Facebook?”

“That’s because the [Absolute] Divorce Bill has just passed its third reading [in the House of Representatives.]”

“Oh, I didn’t know that.” 

“Now you do.”

I wonder how many times this conversation took place in the homes of Filipino couples over the past weeks. The walls of our own home heard it too. 

In online discussions, the mood towards the subject is observably anticipatory, if not already triumphant. It makes me wonder: how close are we to seeing a Philippines that made divorce legal?   

I reached out to my childhood friend Atty. Kevin Gaffud Villamor, Associate-Partner at Cruz Law Office in Echague, Isabela, and Part-time Professor at Northeastern College, Santiago City to discuss the most talked-about bill in the country recently. 

Our conversation was informative, nostalgic, and moving. It also made me realize four reasons Filipino parents need to be involved in this kind of discussion.  

Why You Need to be Involved in Discussions about the Divorce Bill

To know where it started and where it’s going

I first asked him a very straightforward question: “The Absolute Divorce Bill passed its third reading. What does this mean?”

“A bill may originate either from the Senate or House of Representatives,” he responded, pointing me to the beginning. The beginning is always a good place to start. 

“The Absolute Divorce Bill originated in the latter, with Human Rights lawyer and 1st District Representative of Albay Edcel Lagman as the main proponent. For a bill to become law, it will go through three readings in the House of Representatives and another three in the Senate. When the bill passes all these, it will then be forwarded to the desk of the President. This is how we observe check and balance. Now that it has passed the third reading in the Lower House, it will proceed to the readings in the Senate,” he patiently explains. 

It sounded to me like we still have a long way to go. Atty. Kevin confirmed that it could still take years. 

“But why do people sound like they’re already celebrating?” I asked.

“Many couples in the Philippines deem it necessary to dissolve their marriage for practical reasons. In most separated couples, marriage has turned into prison, preventing them from living their life to the fullest. In this sense, nullity of marriage becomes a justifiable action rather than a means to obscure its sanctity. The advent of the possibility of passing the Absolute Divorce Bill is a glimmer of hope for many.”  Atty. Kevin Villamor

To understand the plight and needs of Filipino couples 

I then remembered our childhood days in Cavite. We were raised devout Catholics by our parents who would always bring us to Sunday masses and encourage us to participate in church activities. Before this conversation, we reconnected almost a year ago when I congratulated him for marrying the love of his life in a Catholic church wedding. At this point, I couldn’t help but ask his take on the divorce bill, to which he said he is in favor of. 

“Let us face the fact that our society has not lived up to the expectation that all marriages end up happy and fulfilled. Facts dictate that people being just people end up with marriages that tend to destroy rather than to build, marriages that are abusive rather than healing, or marriages that are a source of fear and frustration rather than source of strength and hope. At the end of it all, a couple is faced in a reality being physically and emotionally separated and the special contract of permanent union is turned into a mere piece of paper barely binding the couple as one.”  Atty. Kevin Villamor

Atty. Kevin further shared that while living a single life without the other half is bearable, a person cannot be forever free “without the formal and justifiable separation only granted by the proper judicial court.” 

To paint a picture of what he means, he explained two scenarios: first is when a separated person applies for a personal loan, and second is when he or she gets a huge career opportunity. Both situations will not move forward because a “proof of marital affiliation” cannot be provided, for the other half has been absent for a very long time.  

“While one can always argue that the sanctity of marriage must always be preserved, think: how can one preserve something that is not already material in the first place?” Atty. Kevin Villamor

To acknowledge what the existing options lack 

“So how is divorce different from annulment?” I asked him to explain in the simplest way possible.

“Not many people know this, but here in the Philippines, there are three ways marriage can be dissolved: declaration of nullity of marriage, annulment, and legal separation,” he explained their differences while also leading me to read and refer to The Family Code of the Philippines.

Here’s what I found out:

According to Atty. Kevin, the grounds for Absolute Divorce echo the same grounds for Legal Separation, with an additional ground called “irreconcilable differences.”

I asked, “How do you think the bill, if approved, will affect the way we raise our families?”

We can always look at it from a different angle. The Absolute Divorce Bill may be seen as a bridge to strengthen the Filipino Family. That it is a means to give a person another chance to live his/her life with another person – a do over. Then we are leaning towards a higher morally inspired people which will in turn be inspired to be a force of good for the society that gave him/her another chance.  Atty. Kevin Villamor

We’re almost at the end of our conversation, and I profusely thanked him for sharing his time and knowledge. I said I learned a lot from it. He then left me with something more to think about. We can always look at it from a different angle. The Absolute Divorce Bill may be seen as a bridge to strengthen the Filipino Family. That it is a means to give a person another chance to live his/her life with another person – a do over. Then we are leaning towards a higher morally inspired people which will in turn be inspired to be a force of good for the society that gave him/her another chance.  Atty. Kevin Villamor

Our call ended with so much insights, but I wanted to talk more about it.

So I asked my married friends for their take and insights. 

To be a more informed member of the family and society 

Here are their thoughts about divorce and the Absolute Divorce Bill.

“Divorce shouldn't be a stigma. It's a legal tool for a broken marriage that offers a chance to heal and find happiness. While some marriages thrive, others are irreconcilable, and forcing people to stay perpetuates negativity for everyone involved. It can be a mature decision that prioritizes well-being for both spouses and any children involved.  The fact of the matter is, life changes, people change, and marriages aren't always built to last.”

 

“As a wife, I don’t fully support the ongoing discussion about approving divorce in the Philippines. As a Catholic, it was explained to me and my husband that besides marriage as a sacrament, it is also entering a lifetime commitment with a person. It is committing yourself into a relationship wherein both husband and wife agree to make their marriage work - no matter the circumstances. It is about each other’s willingness to make it work as counseling sessions are available for married couples to help them navigate to the correct path.”

 

“I believe in the sanctity of marriage, and I take the lifetime commitment one makes to another seriously. But I believe there are certain cases where a divorce may be the healthiest and safest way forward for both spouses and the kids, if they have any: abuse of any form where there is a clear threat to life and mental well-being and abandonment, where one spouse deserts the other with no intent to return and take up his or her marital and family responsibilities.  I also think that there are cases where adultery can rightly lead to a divorce - but for this instance, I feel that all avenues to reconcile or restore the marriage should be exhausted first.”

As we’re all waiting for what happens next, we need to keep the conversations going. This is so we’re all better equipped to explain to ourselves, our partners, and our kids our position on important national matters that involve the family, such as this. 

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