The absolute divorce bill does not allow “drive thru”, “no-contest” or “quickie” divorces.

The bill unequivocally provides that “no decree of absolute divorce shall be based on a stipulation of facts or confession of judgment”, which is a prohibition on a no-contest divorce.

Coerced petitions and convenient collusions are also prohibited.

The Office of the Public Prosecutor is mandated to conduct investigations to determine whether or not there is collusion between the spouses.

The bill specifically provides that the “Office of the Public Prosecutor in provinces, cities and capital towns is authorized and obliged to conduct investigations to find out whether or not there is collusion between the spouses in a petition for absolute divorce and shall report its findings to the proper court within six (6) months from the filing of the petition”.

Moreover, steep penalties of five years imprisonment and a PhP200,000.00 fine are imposable on a spouse who coerces the other into filing a petition for divorce as well as on colluding spouses.

Section 12 of the bill provides that “a spouse who is a party to a petition for absolute divorce who is found by the court to have used threats or coercion to compel the other spouse in filing the petition, and spouses who are guilty of collusion, shall be punished with imprisonment of five (5) years and a fine of Two hundred thousand pesos (PhP200,000.00).”

These provisions uphold the State’s commitment to protect marriage as a social institution.

EDCEL C. LAGMAN