The House of Representatives has yet to transmit to the Senate the bill on absolute divorce that it passed before Congress adjourned sine die last week, a letter from the bill’s author Albay Rep. Edcel Lagman showed.
In his letter to House Secretary General Reginald Velasco, Lagman said he was informed that Velasco’s office deferred the transmittal to correct the number of affirmative votes the bill received on May 22.
The presiding officer had announced that 126 voted yes to the bill, 109 no, and 20 abstained.
The following day, Velasco reported that 131 voted for the measure.
“There is no need to wait. Whether the affirmative margin was 126 against 109 as initially reported by the staff of the Office of the Secretary-General, or 131 to 109 as subsequently corrected the same day, the irreversible fact is that the affirmative votes got the majority of those who voted with the presence of a quorum and without the abstentions being counted,” Lagman told Velasco.
GMA Integrated News is trying get comment from Velasco on whether the bill had been sent or not.Manila Rep. Bienvenido “Benny” Abante Jr., an opponent of the bill said on Tuesday that the House had deferred the transmission to the Senate of the divorce measure.
He urged fellow House members to “slow down” on pronouncements that the measure would become a law.
“The House has deferred transmission of the Divorce Law to allow those like myself to raise our concerns regarding the vote taken on this measure, and I believe holding the bill is a prudent move given that there are legitimate issues here that must be resolved,” Abante said.
Abante said he echoed the sentiments of Cagayan de Oro City Rep. Rufus Rodriguez and CIBAC party-list Rep. Eddie Villanueva, both of whom have argued that HB 9349 did not get the required votes to pass on third reading.
“When sessions resume in July, I will definitely raise this issue. This Divorce Law is not a done deal,” Abante said.
Lagman cited the transcription of the audio coverage of the proceedings at 8:03 pm on May 22, 2024.
“Deputy Majority Leader Garin: Madam Speaker, earlier we approved House Bill No. 9349. I, therefore, move that the Secretary-General be directed to immediately transmit to the Senate, House Bili No. 9349, earlier approved on 3rd reading. So move, Madam Speaker.
“Deputy Speaker Singson-Meehan: There’s a motion. Is there any objection? The Chair hears none. The motion is approved.”
Lagman said, “Any correction which increases the number of ‘yes’ votes by five and without changing the ‘no’ votes will not alter the ultimate result of the voting.”
“In fact, no Member of the House has officially protested challenging the result,” Lagman said.
The correction, Lagman said, can be made when the House opens its Third Regular Session on 22 July 2024, without prejudice to the mandate of the House for the Secretary-General to transmit immediately to the Senate the engrossed copy of the approved absolute divorce bill.
“Please be advised accordingly,” Lagman added.
The Absolute Divorce Bill allows married couples to file a divorce petition based on the following grounds:
- Legal separation under Article 55 of the Family Code of the Philippines
- Annulment of marriage under Article 45 of the Family Code of the Philippines
- Separation of the spouses for at least five years at the time of the petition for absolute divorce is filed, and reconciliation is highly improbable.
- Psychological incapacity as provided in Article 36 of the Family Code of the Philippines
- Domestic or marital abuse to include acts under RA No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004
—NB, GMA Integrated News
