What Happens to a Divorce Bill When Congress Ends? Philippine Legislative Process Explained

Introduction

In the Philippines, the legislative process is a cornerstone of democracy, governed by the 1987 Constitution and the rules of both chambers of Congress—the Senate and the House of Representatives. Bills, which are proposed laws, must navigate a rigorous path to become enacted statutes. Among the most contentious pieces of legislation in recent years has been the push for a divorce bill, aimed at legalizing absolute divorce in a country where it remains prohibited for most citizens (with exceptions under Muslim personal laws). This article explores what happens to such a bill—or any bill—when a congressional term ends, providing a comprehensive explanation of the Philippine legislative process in this context. Understanding this is crucial for grasping why progressive reforms like divorce legalization often face repeated setbacks, requiring persistent advocacy across multiple congresses.

The Philippine Congress operates on fixed terms, and the expiration of a term has profound implications for unfinished business. Bills do not automatically carry over; instead, they lapse, forcing proponents to start anew. This mechanism ensures that each new set of elected representatives has the opportunity to deliberate on issues afresh, but it can also lead to delays in addressing societal needs, such as modernizing family laws in a predominantly Catholic nation where annulment and legal separation are the primary alternatives to divorce.

The Philippine Congress and Its Terms

The Philippine Congress is bicameral, consisting of the Senate (24 members, elected nationwide for six-year terms, with half up for election every three years) and the House of Representatives (around 300 members, including district and party-list representatives, elected for three-year terms). A "Congress" refers to the three-year period aligned with the House's term, during which sessions are held. For instance, the 19th Congress spanned from 2022 to 2025, with the 20th set to begin after the May 2025 midterm elections.

Congressional terms end with the adjournment sine die (Latin for "without day," meaning no resumption date) of the final session, typically just before new members take office following elections. The President calls the first session of a new Congress, usually in July for the State of the Nation Address (SONA). This cyclical nature means that every three years, the legislative slate is partially reset, affecting ongoing bills.

Importantly, the Constitution (Article VI) vests legislative power in Congress, but it does not provide for the automatic continuation of bills across terms. This is a deliberate design to reflect the will of the electorate in each new composition of lawmakers, preventing outdated or unpopular measures from lingering indefinitely.

The Legislative Process: How a Bill Becomes a Law

To appreciate what happens to a bill like one on divorce at the end of Congress, it's essential to outline the standard legislative process. This process is detailed in the Constitution and the internal rules of each chamber, ensuring checks and balances.

Introduction and First Reading: A bill can be introduced by any member of Congress (senators or representatives). It is read for the first time by title only and referred to the appropriate committee(s) for study. For a divorce bill, this might involve the Committee on Population and Family Relations in the House or the Committee on Women, Children, Family Relations, and Gender Equality in the Senate.
Committee Stage: The committee conducts hearings, consultations with stakeholders (e.g., religious groups, legal experts, women's rights advocates for a divorce bill), and may amend the bill. If approved, it is reported out to the plenary with a committee report. This stage can take months or years, especially for controversial bills like divorce, which often face opposition from the Catholic Church and conservative sectors.
Second Reading: The bill is debated on the floor, amended if necessary, and voted upon. This is where the most intense discussions occur, with interpellation (questioning) and amendments proposed.
Third Reading: After a cooling-off period (at least three days in the House, none specified in the Senate but typically observed), the bill is read by title and voted on finally. No further amendments are allowed.
Bicameral Conference Committee (Bicam): If the Senate and House versions differ, a conference committee reconciles them into a unified bill, which both chambers must approve.
Enrollment and Transmittal to the President: The final bill is enrolled (printed in its approved form) and sent to the President for action. The President can sign it into law, veto it (which Congress can override with a two-thirds vote), or allow it to lapse into law after 30 days without action (pocket approval).

For a bill to become law, it must complete this process within the life of the Congress in which it was introduced or progressed. Time constraints are critical: Congress typically holds three regular sessions per term (July to December, January to June, with breaks), and special sessions can be called by the President.

In the case of divorce bills, historical attempts (e.g., House Bill No. 100 in earlier congresses or more recent iterations like House Bill No. 9349 in the 19th Congress) have often advanced in the House but stalled in the Senate due to filibusters, lack of quorum, or prioritization of other legislation.

The Fate of Pending Bills at the End of a Congressional Term

The key question: What happens when Congress ends without a bill being enacted? In the Philippines, there is no "carry-over" rule for bills across congresses, unlike in some parliamentary systems. All pending bills—those introduced but not fully passed—automatically lapse or "die" upon the adjournment sine die of the last session of the term.

Lapsing of Bills: This includes bills at any stage: those in committee, post-second reading, in bicameral conference, or even transmitted to the President but not acted upon before the term ends. The rationale is that a new Congress represents a new mandate from the people, and old bills must be refiled to allow fresh debate. Refiling requires a new bill number, though the content can be identical or revised based on prior feedback.
Exceptions and Nuances:
- Bills Transmitted to the President: If a bill is sent to the President near the end of the term, the 30-day period for action continues even after Congress adjourns. However, if vetoed, Congress cannot override it post-adjournment, as the old Congress no longer exists. Unsigned bills do not become law if the 30 days extend beyond the term without action.
- Resolutions and Other Measures: Concurrent resolutions (e.g., for constitutional amendments) may also lapse, but simple or joint resolutions have different rules. Treaties ratified by the Senate carry over as executive functions.
- Pocket Veto Analogy: While the Philippines doesn't have a formal pocket veto, a President can effectively kill a bill by not acting on it before the term ends, though the 30-day rule applies strictly.
- Special Sessions: The President can call a special session before the new Congress convenes, but this is rare and typically for urgent matters, not routine bills like divorce.

For a divorce bill, this lapsing means that even if it passes one chamber (e.g., the House approves it in the third reading), failure to secure Senate approval and presidential signature before the term ends resets the clock. Proponents must lobby new members, rebuild coalitions, and navigate potential shifts in political priorities.

Case Study: The Divorce Bill in the Philippines

Divorce remains a hot-button issue in the Philippines, the only country besides the Vatican without absolute divorce for the general population. Under the Family Code of 1987 (Executive Order No. 209), marriages can be annulled on limited grounds (e.g., psychological incapacity under Article 36) or legally separated, but these processes are costly, lengthy, and inaccessible to many, particularly the poor.

Historical Context: Divorce was legal during the American colonial period (Act No. 2710 of 1917) but was repealed in 1950 under Republic Act No. 386. Post-1987, numerous bills have been filed, such as in the 13th Congress (2004-2007) and onward. In the 18th Congress (2019-2022), House Bill No. 100 passed the House but lapsed in the Senate. Similarly, in the 19th Congress (2022-2025), a divorce bill advanced in the House Committee but faced Senate resistance, with senators citing moral and religious objections.
Impact of Lapsing: Each congressional end has forced refiling, leading to iterative improvements (e.g., incorporating grounds like abuse or irreconcilable differences) but also repeated delays. Public support has grown, with polls showing majority favor, yet institutional hurdles persist. If a divorce bill lapses in 2025, it would need refiling in the 20th Congress, potentially under a new administration post-2028 presidential elections.
Broader Implications: Lapsing protects against hasty legislation but can frustrate reforms. For divorce, it perpetuates reliance on annulment, which critics argue favors the wealthy and leaves victims of domestic violence in limbo.

Implications and Considerations

The lapsing rule underscores the need for strategic timing in advocacy. Proponents of divorce must build cross-party alliances early in a term to expedite passage. It also highlights the role of public pressure, media, and civil society in keeping issues alive across congresses.

Legally, there are no constitutional barriers to refiling identical bills indefinitely, but practical challenges include changing committee compositions and competing agendas (e.g., economic bills often take precedence). Proposals for reform, like allowing carry-over with consent, have been floated but not adopted.

For stakeholders:

Advocates: Document progress for easier refiling; engage in pre-legislative consultations.
Opponents: Use the reset to mobilize against refiled bills.
Citizens: Understand that elections influence legislative outcomes—voting for pro-divorce candidates can accelerate change.

Conclusion

In the Philippine legislative framework, a divorce bill, like any other, meets its end with the close of Congress if not enacted. This built-in expiration promotes accountability but can hinder timely reforms in sensitive areas like family law. As debates on divorce continue, the process reminds us that lawmaking is not just procedural but deeply intertwined with cultural, religious, and political dynamics. For lasting change, persistence across congressional terms is key, ensuring that the voices advocating for modernized marital dissolution options are heard anew in each legislative cycle.