Did you know that the Philippines once had a Divorce Law? During the American occupation, Act No. 2710 was enacted. Under this law, there must be a criminal conviction of either adultery or concubinage for the aggrieved spouse to be able to file for divorce. The grounds for divorce were eventually expanded during the Japanese occupation. At that time, Filipino spouses had the option to obtain a divorce until the enactment of the Republic Act No. 386 or the Civil Code of the Philippines in 1950.
Today, married couples in the Philippines have only two legal avenues to address a broken marriage: legal separation and declaration of nullity of marriage. These two remedies will be discussed at the end of this article.
Status Quo of the Divorce Bill in the Philippines
In 2024, House Bill No. 9349, or the Absolute Divorce Bill, was approved on third and final reading by the House of Representatives. Under the proposed measure, all of the grounds cited under the current provisions for legal separation and declaration of nullity of marriage in the New Civil Code of the Philippines are retained. In addition, the bill introduces marital infidelity and domestic violence as independent grounds for divorce.
Although the approved House Bill was transmitted to the Senate, it remained pending as of 2025. The Senate did not act on any of the five pending divorce bills, resulting in legislative inaction on the measure.
The Setbacks & Challenges
According to a lobbyist, their efforts to reinstate divorce in the Philippines over the past 12 years have been challenging. In an article, she explained that after the House Bill was transmitted to the Senate, it was not calendared for plenary deliberations. She further stated that there were disagreements on the final language of the bill, whether it should refer to “dissolution of marriage” or “absolute divorce”. Regardless, lobbyists affirm that while the title is negotiable, “justice is not”.
Aside from procedural hurdles, the bill continues to face opposition. Critics argue that it would “add more laws that destroy marriages than laws that protect them. Several religious groups likewise oppose the bill as well, emphasizing its unconstitutionality and how it would weaken the institution of marriage, leading to broken families.
The Rationale Behind the Bill
Pro-divorce advocates argue that legalizing divorce is needed to protect abandoned, neglected, and battered wives and their children. While they recognize the sanctity of marriage, they contend that the State cannot ignore the plight of those in toxic, abusive, or unhappy marriages. In their view, divorce respects the institution of marriage by allowing couples to rediscover love and commitment in new relationships.
Where Do Broken Marriages Go
As the law currently stands, the Family Code provides two remedies for spouses in failed marriages: legal separation and declaration of nullity of marriage. However, these remedies do not have the same legal effects as divorce.
In legal separation, the marriage remains valid, but the estranged spouses may live separately. A declaration of nullity, on the other hand, recognizes that the marriage was void from the beginning.
Each remedy has its own legal grounds and carries different consequences, not only with respect to the marital status of the spouses but also regarding child support, custody, and division of property. For this reason, spouses who are considering ending their marriage should consult a lawyer to fully understand their rights, available remedies, and the legal consequences of each option.