The Philippine flag flying in Manila, representing the national government where the pending absolute divorce bill remains unresolved in Congress

What Is the Current Status of the Absolute Divorce Bill in the Philippines?

No. As of October 4, 2026, there is still no absolute divorce law for marriages between two Filipino citizens. TIME describes the Philippines as the only country other than the Vatican that outlaws divorce (TIME, updated March 2026). The House passed a divorce bill in 2024, but it lapsed without Senate passage, and the bills refiled in the current 20th Congress were still pending in the House as of the latest report this guide could verify. Below is where the legislation stands, what failed, and what you can do under the law as it exists today.

Direct Answer

Direct answer: Absolute divorce is still not available for a marriage between two Filipino citizens. The House of Representatives approved House Bill No. 9349 on third reading on May 22, 2024 (Inquirer), but the Senate did not pass a divorce bill before the 19th Congress ended in mid-2025, so the measure had to be refiled. In July 2025, House Bills No. 108 and 210 were refiled in the 20th Congress (GMA News), and TIME reported that nine divorce-related bills were pending in the House as of the end of 2025 (TIME). This guide could not confirm any later committee or floor action, because the House and Senate bill-tracking sites could not be reached when sources were rechecked on October 4, 2026. Until a bill passes both chambers and is signed into law, the available routes are declaration of nullity, annulment, legal separation, recognition of a foreign divorce under Article 26 of the Family Code for a Filipino married to a foreigner, and divorce under the Code of Muslim Personal Laws where it applies.

Decision Snapshot

  • Applies to: Anyone tracking whether an absolute divorce law is coming, or deciding what to do about a marriage while it is still pending.
  • Where the bill is: Divorce bills refiled in the House of the 20th Congress, including House Bills No. 108 and 210, were pending there as of the latest verified report (TIME, end of 2025 figures); no Senate floor vote on a divorce bill was reported.
  • What killed the last attempt: House Bill No. 9349 passed the House in 2024, but the Senate did not pass it before the 19th Congress ended, so divorce bills had to be refiled in the new Congress.
  • What hasn’t changed: Declaration of nullity, annulment, legal separation, Article 26 recognition of a foreign divorce, and divorce under PD 1083 for Muslim marriages remain the only routes, whatever happens to the bill.
  • Safety first: If you or your children face violence or threats, a protection order under RA 9262 is available now and does not depend on any divorce bill.
  • First action: If you need to resolve your marital status now, get your PSA marriage certificate and have a lawyer or the Public Attorney’s Office (PAO) assess which existing route fits your facts, rather than waiting on legislation with no fixed timeline.

Key Takeaways

  • The House approved House Bill No. 9349 on third reading on May 22, 2024; the corrected tally of 131 in favor, 109 against and 20 abstentions was entered in House records on July 29, 2024 (Inquirer).
  • The Senate did not pass that bill before the 19th Congress ended in mid-2025. In July 2025, Rep. JC Abalos refiled House Bill No. 108 and Reps. Antonio Tinio and Renee Louise Co filed House Bill No. 210 in the 20th Congress (GMA News).
  • TIME reported that nine divorce-related bills were pending in the House as of the end of 2025; this guide could not verify any later committee or floor action (TIME).
  • Senate President Vicente Sotto III has said he prefers “administrative annulment” to divorce, while Senators Risa Hontiveros and Pia Cayetano are described as clear backers of divorce legislation (TIME).
  • A future divorce law would set its own effectivity and transition rules. Until one is enacted, the Family Code routes, Article 26 recognition and PD 1083 remain the governing law.

In This Guide

Legal Basis

These are the authorities that control the current law, plus the legislative record of the pending bill.

Authority What It Covers Relevance Here
Family Code of the Philippines (EO 209) Current grounds for annulment, nullity, legal separation, and property/support consequences Remains the entire controlling framework until a divorce law, if any, is enacted
Family Code, Art. 26, par. 2 Recognition of a foreign divorce in a mixed Filipino–foreign marriage The only existing route that functions like a “divorce” recognition, and only for mixed-nationality marriages
Family Code, Arts. 36, 45 and 55 Psychological incapacity (void marriage), grounds for annulment, grounds for legal separation The main court routes open to two Filipino spouses today
Republic v. Manalo, G.R. No. 221029 (April 24, 2018) Article 26 applies even if the Filipino spouse initiated the foreign divorce Widens foreign-divorce recognition for mixed marriages
House Bill No. 9349, 19th Congress (lapsed) Passed the House on third reading, May 22, 2024; not passed by the Senate before the 19th Congress ended Shows how far a divorce bill has gotten, and why it still is not law
House Bills No. 108 and 210, 20th Congress (pending) Divorce bills refiled in the House in July 2025 Pending in the House as of the latest verified report
Presidential Decree No. 1083 (Code of Muslim Personal Laws) Divorce where both parties are Muslims, or the husband is Muslim and the marriage was under Muslim law A form of divorce already exists for these marriages, heard by Shari’a courts
Republic Act No. 9262 (Anti-VAWC Act) Barangay, temporary and permanent protection orders Immediate safety route that does not depend on any divorce bill

Timeline: How the Bill Got This Far

Divorce bills have been filed in several earlier Congresses, but the 19th Congress (2022–2025) produced the furthest progress to date:

  • May 22, 2024: The House of Representatives approved House Bill No. 9349, the Absolute Divorce Act, on third reading (Inquirer).
  • July 29, 2024: After a counting error was found, the House entered the corrected tally of 131 in favor, 109 against and 20 abstentions in its records (Inquirer).
  • Mid-2025: The 19th Congress ended without the Senate passing a divorce bill, so the House-approved measure did not become law.
  • July 2025: House Bills No. 108 (Rep. JC Abalos) and 210 (Reps. Antonio Tinio and Renee Louise Co) were filed in the new 20th Congress, restarting the process (GMA News; Philippine Star).
  • End of 2025: Nine divorce-related bills were pending in the House (TIME).

Why the Senate Hasn’t Moved

Reporting on the bill points to several obstacles rather than one blocking event (TIME):

  • A small chamber where one senator can stall a bill. A source quoted by TIME notes that the Senate has 24 members and that, in most circumstances, any one senator can block passage of legislation.
  • Senate leadership prefers another route. Senate President Vicente Sotto III has said he prefers “administrative annulment” to divorce, describing it as acceptable to Church leaders.
  • Church influence. TIME reports Catholic clergy campaigning against divorce, including “No to Divorce” signs in churches.
  • No clear push from the Palace. President Marcos said during his 2022 campaign that divorce could be made available but should not be easy to obtain.

Where Things Stand in the Current Congress

After the 19th Congress ended, House members refiled absolute divorce measures in the 20th Congress, starting with House Bills No. 108 and 210 in July 2025 (GMA News). By the end of 2025, nine divorce-related bills were pending in the House (TIME). As of October 4, 2026, this guide could not verify any later committee approval, House third-reading vote or Senate floor action: the official House and Senate bill-tracking sites could not be reached when sources were rechecked, and no later report from a source this guide relies on was found. The practical effect is unchanged: absolute divorce is not available under Philippine law for a marriage between two Filipino citizens, and there is no fixed date by which that will change. Check the House of Representatives and Senate websites for the current bill status.

What the Law Still Requires While You Wait

Because no divorce law has been enacted, the Family Code’s existing framework continues to govern every Filipino-citizen marriage in full. In practice, these are the only routes available regardless of the bill’s progress (Family Code; PD 1083):

Existing Route What It Does Who It’s For
Declaration of nullity Declares a marriage void from the start on specific Family Code grounds (e.g., psychological incapacity, bigamy, lack of a formal requisite) Marriages that were void from the beginning under the Code
Annulment Voids a marriage that was valid until annulled, on specific grounds existing at the time of the wedding Marriages with a recognized voidable-marriage ground under Article 45
Legal separation Ends the spouses’ cohabitation and separates property, without dissolving the marriage bond itself Spouses who want to live apart and divide property but cannot or do not want to end the marriage itself
Article 26 foreign-divorce recognition Lets a Filipino spouse remarry after a valid foreign divorce, whichever spouse obtained it (Republic v. Manalo) Marriages between a Filipino and a foreign national
Divorce under PD 1083 Dissolves the marriage bond under the Code of Muslim Personal Laws, heard by the Shari’a courts Marriages where both are Muslims, or the husband is Muslim and the marriage was under Muslim law

None of these four routes is a substitute for the others, and none will be replaced or expanded automatically if a divorce bill eventually passes — any new law would need its own transition rules. For the full differences between them, see FamilyCode.ph’s comparison of annulment, nullity, and legal separation and the guide to Article 26 foreign divorce recognition.

Your Options and What to Do Next

Waiting for a divorce law is not a plan. Start with safety if there is violence, then pick the existing route that fits your facts.

1. If there is violence or threats: protection orders come first

A woman, or her child, who suffers violence from a husband or former partner can seek a protection order under Republic Act No. 9262 now, whatever happens to the divorce bill (RA 9262). A Barangay Protection Order is issued by the Punong Barangay and is effective for 15 days. A Temporary Protection Order from the Family Court is effective for 30 days, pending a hearing on a Permanent Protection Order. Family members, social workers, police, barangay officials and others listed in the law may also apply. Go to the barangay hall or the nearest Family Court; in an emergency, call the police first. Bring any IDs, photos, messages, medical records or barangay blotter entries you can safely gather. See VAWC protection orders and legal remedies.

2. Court routes for two Filipino spouses

Route Legal basis Effect Time limit
Declaration of nullity Family Code Art. 36 (psychological incapacity) and other void-marriage grounds Marriage declared void from the start; parties may remarry after the decree is registered No time limit verified for Art. 36 in this guide
Annulment Family Code Art. 45 grounds existing at the wedding Voidable marriage annulled Varies by ground under Art. 47; most grounds carry a five-year period
Legal separation Family Code Art. 55 grounds Spouses live apart and property is separated, but the marriage bond is not severed (Art. 63) Five years from the occurrence of the cause (Art. 57)

Under A.M. No. 02-11-10-SC, a nullity or annulment petition is filed in the Family Court of the province or city where the petitioner or respondent has been residing for at least six months before filing; only the husband or wife may file for nullity; and copies must be served on the Office of the Solicitor General and the public prosecutor within five days of filing (A.M. No. 02-11-10-SC). After the decision becomes final, the decree is registered with the civil registry where the marriage was recorded. See the step-by-step annulment process, psychological incapacity under Article 36 and legal separation grounds and effects.

3. If your spouse is a foreign national: Article 26 recognition

If you married a foreigner and a valid divorce was obtained abroad, file a petition for judicial recognition of the foreign divorce in the Regional Trial Court (Family Court). In Republic v. Manalo, G.R. No. 221029, April 24, 2018, the Supreme Court held that Article 26, paragraph 2 applies even if the Filipino spouse initiated the foreign divorce, but the divorce decree and the foreign law must still be proven under Philippine rules of evidence (Lawphil). Bring the foreign decree and proof of the foreign law in the form the Rules of Court require. See the guide to Article 26 recognition.

4. Muslim marriages: PD 1083

Where both spouses are Muslims, or only the husband is Muslim and the marriage was solemnized under Muslim law or PD 1083, the Code of Muslim Personal Laws already allows divorce, and the Shari’a Circuit Courts have exclusive original jurisdiction over divorce disputes (PD 1083, Arts. 13, 45 and 155).

5. Documents to get first

  • PSA-issued marriage certificate, and PSA birth certificates of the spouses and any children
  • Proof of residence for the six-month venue rule
  • Evidence tied to your ground: records, messages, witness names and, for Article 36, any expert evaluation your lawyer recommends
  • For Article 26: the foreign divorce decree and proof of the foreign divorce law
  • Property and income records if property separation or support is at issue

6. If you cannot afford a lawyer

Ask the Public Attorney’s Office in your area whether you qualify for free representation; bring proof of income and your PSA documents. See free legal assistance for annulment through PAO.

First action today: request your PSA marriage certificate and write down the facts that may support a ground, then book a consultation with a lawyer or PAO. If you are in danger, go to the barangay or police first.

Common Misunderstandings

  • Myth: The House already passed divorce, so it’s basically law now. Fact: A bill is not a law until it also passes the Senate, is reconciled between the two chambers, and is signed. The House-approved 2024 version lapsed without ever reaching that point.
  • Myth: Once passed by the House, a bill stays “in the pipeline” for the next Congress to pick up where it left off. Fact: An unfinished bill dies at the end of a Congress and must be filed again from the start in the next one.
  • Myth: Filipino Muslims already have the same restriction as everyone else. Fact: Divorce already exists for Filipino Muslims under the Code of Muslim Personal Laws (PD 1083), independent of this bill.
  • Myth: If the bill passes, it will automatically apply to marriages already ended by annulment or legal separation. Fact: Any new divorce law would need its own transition and effectivity rules; it would not automatically reopen or convert past cases.
  • Myth: Nothing can be done about an unwanted marriage until divorce becomes legal. Fact: Annulment, nullity, legal separation, and Article 26 recognition (for mixed-nationality marriages) remain available right now.

Practical Checklist: Tracking the Bill Yourself

  1. Check the House of Representatives’ own bill-tracking pages on congress.gov.ph for the current House bill numbers on absolute divorce and their committee status.
  2. Check the Senate’s own bill and committee records on senate.gov.ph for whether any Senate counterpart has been filed or calendared for committee hearings.
  3. Do not rely on social media summaries or older news articles for the current stage — legislative status changes with each session and each new Congress.
  4. If your decision about your own marriage depends on timing, do not wait on the legislature; evaluate the existing routes above with a lawyer or PAO instead.
  5. Revisit this question periodically rather than assuming a House committee hearing or a single senator’s statement means passage is close or certain.

Frequently Asked Questions

Is divorce legal in the Philippines right now?

No, not for a marriage between two Filipino citizens. The only exceptions under current law are for Filipino Muslims under the Code of Muslim Personal Laws, and for a Filipino married to a foreign national who can seek recognition of a valid foreign divorce under Article 26 of the Family Code.

Didn’t the House already pass a divorce law?

The House of Representatives passed a bill (House Bill No. 9349) on third reading in May 2024, but a bill only becomes law after the Senate also passes it (or a reconciled version), and the President signs it. The Senate did not pass that bill before the 19th Congress ended, so divorce bills had to be refiled in the 20th Congress.

Will the bill definitely pass eventually?

This guide cannot predict that. Divorce bills have been filed since 2005 without being enacted, and the obstacles described above remain unresolved as of this writing.

If I’m unhappy in my marriage, should I wait for the divorce law?

There is no fixed timeline for a divorce law, and none is guaranteed to pass. If you need to resolve your marital status, discuss the existing routes — annulment, nullity, legal separation, or Article 26 recognition where applicable — with a lawyer or PAO rather than waiting.

Where can I check the most current status myself?

The House of Representatives’ bill-tracking system on congress.gov.ph and the Senate’s legislative records on senate.gov.ph are the most reliable sources, since legislative status can change between Congresses and even between sessions of the same Congress.

Related Guides

Sources and Legal Citations

Statutes and codes

  • Executive Order No. 209, the Family Code of the Philippines, Articles 26, 36, 45, 47, 55, 57 and 63 — lawphil.net
  • Presidential Decree No. 1083, Code of Muslim Personal Laws of the Philippines, Articles 13, 45 and 155 — lawphil.net
  • Republic Act No. 9262, Anti-Violence Against Women and Their Children Act of 2004 (protection orders) — lawphil.net
  • A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages — lawphil.net

Jurisprudence

  • Republic v. Manalo, G.R. No. 221029, April 24, 2018 (En Banc) — lawphil.net

Legislative record

  • House Bill No. 9349 approved on third reading, May 22, 2024; corrected tally of 131-109-20 entered July 29, 2024 — Philippine Daily Inquirer
  • House Bills No. 108 and 210 refiled in the 20th Congress, July 2025 — GMA News; Philippine Star
  • Nine divorce-related bills pending in the House as of end-2025; Senate President Sotto’s and senators’ positions; President Marcos’s 2022 statement (published January 2026, updated March 2026) — TIME
  • Official status trackers (not reachable when sources were rechecked on October 4, 2026) — House of Representatives; Senate of the Philippines

Sources rechecked as of: October 4, 2026

This article is for general legal and civic information only and does not take a position on whether divorce legislation should be enacted. Legislative status changes frequently; confirm the current bill status directly through the House of Representatives and Senate’s own bill-tracking systems, and consult a lawyer about your own marital situation under the law as it exists today.

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