Absolute Divorce Bill, Refiled Again.
The House of Representatives is giving it another shot—refiling the Absolute Divorce Bill in the 20th Congress. Is this a step forward for individual freedom? Or a signal of shifting values?
Philippine Divorce Bill: A Historical Snapshot
Pre‑colonial era: Many indigenous Philippine societies accepted divorce; both men and women could initiate it as part of social. norms. Source: TIME
Spanish colonial rule: Divorce was banned; only “relative” separation (legal separation) was allowed under strict conditions. Source: South China Morning Post
American colonial period: Act No. 2710 (1917) reintroduced absolute divorce, though only for limited fault-based scenarios—adultery by the wife or concubinage by the husband, with criminal conviction. Source:Philippine Coast Watch
Post‑War, 1950 Civil Code: Repealed divorce again, replacing it with annulment and legal separation only. Source: South China Morning Post
1988 Family Code: Continued the prohibition of general divorce, though Muslim Filipinos can divorce under the Code of Muslim Personal Laws since 1977
Why Divorce Remains Illegal Today
The Philippines and Vatican City are the only countries that prohibit divorce universally The Diplomat
Resistance stems from the Catholic Church’s influence (79% of Filipinos identify as Catholic) and traditionally conservative legislative attitudes FULCRUM
Legal avenues like annulment and legal separation are expensive, lengthy, and often inaccessible, trapping many—disproportionately women—in abusive or untenable marriages South China Morning Post
Legislative Momentum: How the Divorce Bill Revived
Efforts to legalize divorce date back to 2005, but proposals failed repeatedly amid political and religious opposition Easy Wedding Qatar
In May 2024, the House passed the Absolute Divorce Bill (HB 9349) by a close vote (approx. 126–131 to 109–20 abstentions) Easy Wedding Qatar
In early July 2025, with the 20th Congress convened, representatives filed two new versions—HB 210 (Tinio & Co.) and HB 108 (Abalos)—seeking to finally move the legislation forward South China Morning Post.
What the Proposed Law Covers
Grounds for divorce under both versions include:
Domestic violence (physical/emotional/economic)
Drug addiction or habitual alcoholism
Infidelity or having children with another
Bigamy
Homosexuality (under prior Family Code grounds)
Living apart for five years or irreconcilable differences
Safeguards for families:
Mandatory 60‑day cooling‑off period for reconciliation
Child custody decisions aligned with best‑interest standards
Equitable property division and spousal support provisions
Legal aid to make proceedings accessible (some details extrapolated from commentary-style blogs)
Recognizing Foreign Divorces and Expats’ Needs
Filipino citizens who obtain divorce abroad (e.g., in GCC countries) currently face intricate legal hurdles to have it recognized in the Philippines Easy Wedding Qatar | Easy Wedding | Wedding Planners & Guide
The new law would formalize recognition of valid foreign divorces, easing legal limbo for overseas Filipinos, especially those married to non-Filipinos Easy Wedding | Wedding Planners & Guide
Supporters vs. Opponents: Key Arguments
Supporters argue divorce is essential to protect individuals in abusive or irreparable marriages, reduce reliance on costly annulments, and reflect evolving public attitudes (now majority support in polls) TIME.
Opponents claim existing remedies (annulment, legal separation) are sufficient, warn of weakening family values, and point to the Church’s moral objections .
Next Steps and Timeline
Passage in the Senate—the critical remaining step before bicameral reconciliation.
Conference committee to unify House and Senate versions.
Presidential signature (or becoming law by default).
The 20th Congress ends in June 2025—if not passed by then, the bill lapses and must be refiled in the new Congress starting in July 2025 Easy Wedding | Wedding Planners & Guide
The reintroduction of the Absolute Divorce Bill in mid‑2025 signifies a hopeful turning point in Philippine family law. From centuries of colonial legacy and Church‑influenced conservatism, the country appears close to embracing a modern legal approach—one grounded in empathy, protection, and realistic circumstances.
Still, the Senate vote is the linchpin. If successful, Philippines could at last join the international community in offering its citizens a humane option to safely exit irreparable marriages.
Over to You
How do you feel about divorce becoming legal in the Philippines?
Do local experiences in Bukidnon reflect national trends?
We’d love to hear your thoughts—or experiences. Let’s have compassionate, open dialogue.
