If lawyer Ernesto Arellano is elected senator in May, he will vote to pass a divorce law. He will also convince other senators to vote in favor of the controversial measure. 

“Inhuman na pilitin mo ang mag-asawa na magpatuloy sa isang bubong. Kumbinsihin natin ang mga senador. Mas mabuti pa siguro palitan natin sila at ihalal natin ang mga kandidato na bukas sa pangangailangan ng divorce,” Arellano said in a forum at the University of the Philippines last month. 

(It’s inhumane to force a couple to continue living under one roof. Let’s convince the senators. If they refuse, then maybe it’s better to replace them and elect candidates who are open to the need for divorce.)

The audience at the university auditorium applauded. 

The Philippines is the only country, aside from the Vatican, that still bans divorce. Many lawmakers have argued that divorce goes against the Filipino family values, but public support has been growing. 

A March 2024 Social Weather Stations survey showed that 50% of Filipinos supported the legalization of divorce and only 31% opposed it. The rest were undecided. 

In May of the same year, the House of Representatives passed a divorce bill — the furthest the measure has progressed in the legislative process to date. 

“Sana all,” said Sen. Risa Hontiveros, chair of the Senate Committee on Women, Children, Family Relations, and Gender Equality. 

Hontiveros facilitated the passage of the Senate version of the divorce bill as early as September 2023, but the Senate leadership did not calendar it for second reading in the plenary.

Next battle: 20th Congress

Annulment of marriage is allowed in the Philippines, but only under specific grounds. Many people in abusive or broken marriages cannot qualify for annulment. The process is also often expensive, lengthy, and emotionally draining.

The divorce bill passed by the House of Representatives allows grounds not currently allowed under annulment — irreconcilable differences, domestic or marital abuse, and separation of spouses for at least five years. It does not recognize a no-fault divorce.

The bill will have to go through the legislative mill again in the upcoming 20th Congress.

Two women candidates, re-electionists Imee Marcos and Pia Cayetano—the principal authors of Senate Bill 2443, or the divorce bill—are running for reelection.

The other reelectionists—all of them men—were either openly opposed or noncommittal.

Sen. Ronald ‘Bato’ Dela Rosa has opposed the measure, citing his Catholic faith. 

Survey frontrunner Senator Christopher ‘Bong’ Go said he could support a divorce law but emphasized that the process must be strict. Another top survey leader, ACT-CIS Representative Erwin Tulfo, previously expressed support for divorce but abstained during the nominal vote on the proposed Absolute Divorce Law.

Sen. Ramon ‘Bong’ Revilla Jr. said he is still studying the measure. His wife, a member of the House of Representatives, voted against it.

Survey underdogs who support the divorce bill

Arellano offered himself as an alternative to the more popular re-electionists. 

He is not alone among the underdog candidates who support the passage of a divorce law. 

Fellow labor leaders Luke Espiritu and  Leody De Guzman have openly supported the legislation of divorce. Current survey results show all three candidates are far from the winning margin, however.

Espiritu expressed unequivocal support for a divorce law during an interview with DZRH News in February.

“Many of our women are not in relationships grounded in true love—relationships that are fulfilling and affirming of their personhood. Is that what God wants? For women to be beaten, raped, have their bodies controlled, and their minds manipulated?” he said in Filipino. 

De Guzman, a presidential candidate in the 2022 polls, also said it is necessary for married couples who fell out of love or are abusive to each other.

“Not only will they be free and happy, but the children will also be spared the trauma of living in a kind of family where, from morning until night, there’s nothing but constant fighting and shouting,” he said in a 2022 forum hosted by the church-run Radio Veritas.

Women’s issues that lawmakers do not bring to plenary

Measures addressing women’s issues have long struggled to pass in Congress, an institution traditionally dominated by men. 

The anti-teenage pregnancy bill—which promotes comprehensive sexuality education and social protection for adolescent parents—also faced resistance from an alliance of religious groups that opposed certain provisions in the proposal.

Amid protests and disinformation, Hontiveros was forced to file a substitute bill that sought to address the concerns. The fate of the bill is now uncertain, however. 

At the University of the Philippines forum, many proposals that lawmakers have avoided bringing to the plenary were openly debated. 

Norman Marquez called for measures to protect Overseas Filipino Workers (OFWs), especially women, to prevent incidents of abuse. 

De Guzman and Roy Cabonegro supported proposals allowing menstrual leave for women in the workplace.

LGBTQIA+ issues, too

The forum also served as a venue to discuss solutions to the discrimination faced by the LGBTQIA+ individuals in schools and the workplace.

Angelo De Alban suggested amending the Magna Carta of Women to provide safe spaces and institutionalized gender-fair languages at work. 

Arnel Escobal said existing laws addressing violence against women and children should be revised to become more gender-inclusive. He emphasized the need to also protect same-sex male couples, who are currently not covered by the law when their partners are the abusers.

He also supported proposals to amend labor law and civil service laws to address concerns of the LGBTQIA+ community. 

De Guzman and Sonny Matula also said those who abuse and oppress members of the LGBTQIA+ community should receive criminal punishment. 

The Sexual Orientation and Gender Identity Expression (SOGIE) equality bill, which was introduced in Congress in 2000, also remains pending. Known as the Anti-Discrimination Bill, it seeks to protect individuals from discrimination based on their sexual orientation, gender identity, or expression. 

The candidates present at the UP forum also underscored the need for an accessible Universal Healthcare Act, including those who need access to mental health services.

Marquez said that training of guidance counselors and parents can be strengthened. Awareness campaigns may also be initiated to challenge and debunk patriarchal viewpoints and educate people on the struggles that women and members of the LGBTQIA+ community face. 

The university invited all senatorial candidates to attend the forum but only eight showed up. — Angela Ballerda, Jorene Luouise Tubesa and Carmela Fonbuena