HOUSE senior Senior Deputy Minority Leader and Buhay Hayaang Yumabong (Buhay) party-list Rep. Lito
Atienza said yesterday the proposed law legalizing divorce in the country is not only immoral but
Atienza pointed out that House Bill (HB) No. 7303, or An Act Instituting Absolute Divorce
and Dissolution of Marriage in the Philippines, is “unconstitutional.”
“It is expressly stated in Article XV on The Family, Section 2, that ‘marriage, as an
inviolable social institution, is the foundation of the family and shall be protected by the
State,” said Atienza, adding that the 1987 Constitution was very clear and there is no room for
The lawmaker disputed Albay Rep. Edcel Lagman’s interpretation that the divorce bill is
Lagman, one of the principal authors to the divorce bill, earlier said the enactment of a
law on absolute divorce and dissolution of marriage is not prohibited by the constitutional canons
on marriage as a social institution and as the foundation of the family.
“No less than the Commissioners of the 1986 Constitutional Commission, which drafted the
1987 Constitution, were unanimous that the Congress has the authority to pass a divorce law under
the present Charter,” said Lagman.
But Atienza said “every definition that can be found on the word inviolable states that it
is unassailable, cannot be broken, cannot be interchanged, and anything inviolable is considered
hallowed, holy, sacred, sacrosanct and untouchable.”
“What is their definition of inviolability? This is precisely why I did not interpellate
regarding the other provisions and sections of the proposed law -- because the whole law is
unconstitutional and Congress should not be tackling this at all! This cannot be considered as part
of the law of the land,” said Atienza.
Speaker Pantaleon Alvarez earlier expressed optimism the measure will soon get enacted
despite the Senate’s seeming opposition to it.
Alvarez said both the court and the Catholic Church have annulment processes.