Allowing Absolute Divorce in the Philippines
Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among others. Unfortunately, these grounds are not enough to severe the marital bond through annulment. In lieu of divorce, married persons resort to annulment and according to the Office of the Solicitor General (OSG), there is an alarming increase in the number of annulment cases in the Philippines. The number of annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose to 7,138 (2006) and 7,753 (2007).
Existing Philippine Laws regarding Divorce
Philippine laws do not provide for absolute divorce, but divorce was available in certain periods in Philippine history. Divorce was allowed under the Divorce Law of 1917 (Act No. 2710) and during the Japanese occupation, pursuant to Executive Order No. 141 (1943). As the law stands today, however, a marriage between two Filipinos cannot be dissolved even by a divorce obtained abroad. In mixed marriages involving a Filipino and a foreigner (or former Filipinos), Article 26 of the Family Code allows the former to contract a subsequent marriage in case the divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry.
It is not really accurate to say that there is absolutely no divorce in the Philippines. Under Presidential Decree No. 1083, also known as the “Code of Muslim Personal Laws of the Philippines,” divorce is allowed in certain instances, but this law applies only when both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law in any part of the Philippines. For the rest of Filipinos, therefore, divorce is not available.
Efforts to Legalize Divorce in the Philippines
In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. According to Rep. Masa, the annulment process has been expensive for most Filipinos and has not been responsive to the needs of women, particularly those suffering from marital abuse.” In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, seeking for the legalization of divorce. The highlights of the explanatory note of House Bill No. 6993, in support for divorce, are:
Not all marriages succeed as a permanent union. An increasing number of married individuals find themselves subjected by their marriage partners to physical violence, grossly abusive conduct and other acts of or offenses that — rather than promote blissful, harmonious conjugal and family life — impair, debase or destroy the legitimate ends of the marriage relationship. The bill seeks to give spouses which are shacked by an irretrievably broken marriage the freedom to remarry and possibly succeed in attaining a stable and fulfilling family life.
Divorce is not a novel legal right. The Family Code sanctions relative divorce (a mensa et thoro). Legal separation is a recognized remedy for victims of failed marriages. Our civil laws on marriage justify and allow the separation of married individuals but does not confer them the legal right or remedy to extricate themselves from the ordeal of a broken marriage.
Divorce is not exclusive to contemporary times. Before the Spanish colonial rule in the early 16th century, absolute divorce had been widely practiced among our ancestral tribes — the Tagbanwas of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and Moslems of Visayas and Mindanao islands, to name a few.
There were prior divorce laws. In 1917, Act 2710 allowed divorce on the grounds of adultery on the part of the wife and concubinage on the part of the husband. During the Japanese Occupation, a new law on absolute divorce, E.O. No. 141, was promulgated providing for ten grounds for divorce. These laws are no longer in effect.
Based on the increasing number of failed marriages which confines many of our citizens to a perpetual state of marital limbo, it has become morally and socially acceptable for many Filipinos to grant spouses of broken marriages the legal right to remarry. The present grounds for legal separation which are recognized in our society as justifiable bases for relative divorce should be re-enacted as lawful grounds for absolute divorce. In addition, it is recommended that “irreconcilable marital differences” be included in our present civil laws as a justifiable cause for absolute divorce because not all circumstances and situations that vitiate the institution of marriage could be specifically categorized and defined by our lawmakers. Spouses living in a state of irreparable marital conflict or discord should be given the opportunity to present their marital contrarieties before the courts and have such differences adjudged as substantial grounds to dissolve or sever the legal bond of marriage.
In addition to these reasons, there are criticisms that the existing laws on annulment are anti-poor, as the high cost needed to pursue a case for annulment prevents the poor from securing one. This, however, is the very reason cited by those who oppose divorce — the high cost is intended to discourage the people from trifling with marriage. Allowing divorce would serious weaken the institution of marriage. Anyone could decide to get married without thinking twice because they can get out of the marriage easily with divorce. If the current increase of annulment cases is alarming, imagine how the allowance of divorce would greatly increase the figure. Other arguments against the legalization of divorce are contained in the Position Paper of the Commission on Human Rights (CHR) against these bills. The highlights are:
1. The proposal to legalize absolute divorce with the right to remarry violates relevant international instruments on human rights, particularly Article 16(3) of the United Nation Declaration of Human Rights.
2.The innocent spouse and the children in most cases may suffer economic difficulties. Aside from being abandoned by the guilty spouse, the innocent spouse and children, in most cases, will suffer untold economic difficulties. The divorced spouses who will remarry will have to maintain another family of their own.
3. The human rights of the innocent spouse is violated. The guilty spouse in the divorce case is allowed to abandon or neglect his obligation to provide company and care of the innocent spouse and the children, thus violating Article 68 of the Family Code which reads: “The husband and wife are obliged to live together, observe mutual love, respect and fidelity and render mutual help and support.”
4. Irrespective of any religious beliefs, divorce of spouses with right to remarry constitutes a grave offense against a natural law. Divorce is unnatural and immoral as it causes disorder in the family and society. Because of its contagious effect in society, it becomes a plague on society. A divorce invites another divorce. The innocent spouse who has not contravened any law is unlawfully deserted.
5. Absolute divorce is destructive of the family as a social institution mandated under the Constitution. One of the basic policies of the State, as declared in the principles of the Philippine Constitution reads: “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the young for civic inefficiency and the development of moral character shall receive the support of the government.”(Article 11, Section 12) The relevant constitutional provisions will have to be amended before the divorce bills will be enacted into law.
6. Absolute divorce violates the concept of marriage, a permanent union of man and woman. The Family Code defines marriage as a permanent union of man and woman (Art. 1). The Civil Code also provides for the presumption of the solidarity of the family and the indissolubility of marriage bonds (Art. 220).
Absolute divorce destroys the very concept of family as an inviolable social institution. The purpose of the proponents of the Senate and House Bills that it will give an opportunity for spouses to separate from an intolerable spouse and by entering into a new marriage is not altogether an assurance that the new marriage will be a happy and permanent one. The experience in countries where divorces are allowed and easily obtained, such as the United States, is that people divorces have experienced multiple divorces and have remarried several times in their selfish desire to get rid of unwanted spouses by intentionally creating the cause of the divorce.
There was little interest in our previous post calling for arguments regarding the legalization of divorce in the Philippines. Maybe no one reads this site, although it could also be reflective of the fact that people are still not comfortable discussing divorce in the open. The informal poll, on the other hand, revealed that 79% favors divorce. Let’s continue the poll below.
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EITHER LEGAL MARRIAGE[S OUGH TO BE BANNED, OR ALLOW DIVORCE TO THE COUPLE[S, INCLUDING ANNULMENT, WHICHEVER THE COUPLE PREFER, WITHOUT ANY FINANCIAL BURDEN, TO EITHER, IS BEST, TO ALLOW DIVORCE OR ANNULMENT, WHICHEVER THE COUPLE PREFER TO HAVE, TO END THEIR RELATIONSHIP, WITHOUT FINANCIAL BURDEN, EITHER THAT OR TO MAKE LEGAL MARRIAGE ILLEGAL, BECAUSE THE CORRUPT LAWYERS & JUDGES & POLICE MAKE & ENFORCE BAD LAWS, TO STEAL $$ FROM THE POOR, FROM THOSE THAT CAN NOT AFFORD TO HAVE THEIR $ WASTED, NOR AFFORD TO HAVE THEIR $ STOLEN, BY CORRUPT LAWYERS & JUDGES & POLICE, INCLUDING CORRUPT DOCTORS, IS WHY DIVORCE OR ANNULMENT OUGHT TO GRANTED TO THE COUPLE, WITHOUT FINANCIAL BURDEN, TO EITHER: PUNISHING THE MAN FINANCIALLY IS NOT THE SOLUTION, BECAUSE SOMETIMES IT IS THE WOMAN THAT BE THE PERSON TO BLAME FOR A MARRIAGE THAT IS FALLING APART, MEANS IT IS VERY DIFFICULT TO KNOW WHO IS TO BLAME FOR MARRIAGES THAT FALL APART, IS WHY COUPLES OUGHT TO BE ALLOWED TO HAVE DIVORCE OR ANNULMENT, WHICHEVER THE COUPLE PREFER, WITHOUT FINANCIAL BURDEN, TO EITHER, THAT INCLUDES NOT PUNISH THE COUPLE FOR ANY JAIL TIME FOR ADULTERY, IS SIGN MARRIAGE IS NOT REAL, SO THEN MARRIAGE OUGHT TO BE AVOIDED OR ANNULLED OR DISSOLVED, WITHOUT EITHER OF THE COUPLE WITH ANY FINANCIAL OR/AND LEGAL BURDEN, NOR ANY JAIL/PRISON PUNISHMENT, THAT THE COUPLE OUGHT TO HAVE RIGHT TO LIVE THEIR LIVES, AS THEY WISH TO, IN TERMS OF WHAT IS NORMAL & AVERAGE FOR THAT SOCIETY, IN TERMS OF NORMS & AVERAGE BEHAVIOR:YES?
@anonymous, allow me to take the cudgel for lawyers. I understand your concerns. It’s a consensus that annulment/declaration of nullity could be a really expensive process. The money used for legal expenses could be better used, say, to support the children. With that, it would be unfair to blame us working lawyers for a (no-divorce) law which was enacted by your elected representatives — congressmen (members of the house of representatives) and senators. These lawmakers or legislators are the ones who have the power to enact a divorce law. You guys should put pressure on the people you elected to office.
I am in a bad marriage right now. I am one of those who rushed in without thinking. My spouse and I always argue about money and all the people that my wife hates. She hates my parents and my brother. I am just trying really hard not to boil over and hurt her. She launders all the money i earn and I just cannot take it anymore. (Well now I am the one managing finances). And I have fallen out of love because of these situations.
I would support Senators and Congressman who would push for absolute divorce in the Philippines.
Well-loved. Like or Dislike:
+13
This site is useful in our school we have a debate, i think divorce should be legalized for the sake of the abused ones, and to avoid adultery and remarry after divorce, divorce should now be made easy there must be a good reason to have a divorce.
Well-loved. Like or Dislike:
+12
correction not* be made easy
We should thank you for hosting such a wonderful website. this site was not just knowledgeable but also bvery imaginative too. We find a limited number of experts who can think to create technical content that creatively. we keep looking for knowledge about a topic like this. We ourselves have looked through several blogs to acquire information regarding this.Keep me informed when you write more on the subject !!
Human beings are imperfect and obviously some think that the concept of marriage should also be (perfect) — that doesn’t make sense. There will be couples who are successful at this union, while other couples will fail. For those who succeed, well and good. Congratulations – you and your children have the blessings of the Philippine Catholic Church. Unfortunately, if you don’t — cases like you, your wife, your illegitimate children, your querida, your children by her, and other abominations are largely ignored by the Church. In otherwords, you will have felt that God has foresaken you.
Here’s the update, after so many years of being one of the few holdover countries without divorce (the tiny island nation Malta is the other) — those cases are still growing exponentially. Isn’t it high time that Philippine Catholic Church join the ranks of modern Catholic Churches around the world and serve and protect both its legitimate and illegitimate children & realize our human imperfections? If a married couple makes a mistake or could not recouncile their differences, shouldn’t they be allowed a second chance at life (i.e., be granted divorce), especially if no children were involved?
By the way, what’s this I hear the Philippine Catholic Church has got the Philippine National Government “by the balls?” No way! The Philippines is not a theocracy (like Iran, which is controlled by its ayatollahs and mullahs). Tell me — are our cardinals, archbishops, bishops, and priests, building a theocractic republic? Last I heard, that would be scandalous at least and rebellious and separatist, at worst. Accordining to our constitution, the Church and State must be separate. But in terms of divorce, however, the Philippines, ironically it seems, is not.
As the years go by, we can expect more of these abominations. Question is, we are still children of God and citizens of the Philippines, with inalienable rights. But where are those rights, may I ask? Yes, we can understand that the Church cares about the greater good. But, what is it doing about those marginalized by a lack of divorce and the consequential pitfalls (e.g., crooked lawyers, a corrupt legal system, etc.)?. Thousands of pesos have been milked from people like us, but whatever strategy that is employed – e.g., psychological incapacity, presumptive death, etc., etc., the fact remains – no strategy should be employed except to tell the truth.
Here’s one truth: She and I would like a divorce — we both agree to it — no coercion, just pure free will. Why can’t we get the ball rolling on getting divorce? Sadly, they call this “collusion;” I call it the truth and reality. Why can’t our wishes be respected by both Church and State?! We didn’t marry the Church or the State — we married each other.
Again, people should be free to pursue a divorce if they feel they cannot continue their marriage! Why does the Philippine Catholic Church have such a hold on our givernment to forbid divorce is beyond me. It seems it has more clout that the Catholic Churches of predominantly Catholic countries such as Italy, France, Spain, Portugal, Mexico, amongst many others — that it has embarassed our country to be one of only two countries in the world without divorce. Add that to another list of laughing stock facts of our beloved country.
The Philippines had better wake up and join the ranks of modern countries (and modern churches), otherwise generations of people who couldn’t remarry or had to bear illegitimate children because of the absence of divorce laws, will only have one question – God, hath thou foresaken us?
Well-loved. Like or Dislike:
+22
i strongly agree with you johnny zelaya, i am bitter with philippine laws, separated for 18 years, raising two children by myself, but still have to spend all my savings 150K for annulment and get denied, court says good only for legal separation. catholic religion is a curse to the nation, practicing idolatry, selling hell, filipinos need to realize that catholic countries are the poorest and the most corrupt. as a woman that for 18 years feel not protected by my country, i want to throw my citizenship to the dogs if only there is a way. i need to be dead first before philippines laws recognize i have to be free from an abusive husband. what good is that? when there is no collusion, chances for your petition for annulment is denied. when there is collusion, sure it will be granted. that’s how catholic courts operates. that is reality.
Well-loved. Like or Dislike:
+13
The Philippines should allow DIVORCE because it’s equitable to both parties involved. Men or women should give child support (if they are below 18) and properties should be divided equally between the parties if they have been married 10 years (minimum) or more. A lot of women were left in a lurch by their cad-husbands and they had nowhere to turn to for help/aid. Children are left motherless or fatherless. With Divorce (and make it affordable for the aggrieved party), at least, there’s hope for a new life without encumbrance. Annulment is an expensive process in the Philippines and it takes years before it becomes final.
Well-loved. Like or Dislike:
+6
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Poorly-rated. Like or Dislike:
-9
crazy, read the bible? 4 corners of earth? the earth is a flat disk? man you would think god should know what shape earth is if he created it? lol every 1 should be entitled to a devorce, this is not 300 years ago this is now and the present and every 1 is entitled to human rights, mikey from england.
.. i believe that DiVoRSE should be LEGALiZED for the women not to suffer because of unhealthy MARRiAGE. People should have their LiBERtY or what we call FREEdOM in choosing and deciding what is wrong.
hahai .. HOPE this HELP .. ^^
im vhette
16 y/o
female
from the beautiful country of
PHiLiPPiNES .. ^^
Hot debate. What do you think?
+2
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Poorly-rated. Like or Dislike:
-5
Reading Malta 101′s ideas and researching Malta’s decision not to allow divorce, I would like to share with one and all my opinions. Thanks to attyatwork.com for their wonderful site.
I agree with Malta 1010, when he said that “it (marriage) is a holy sacrament that cannot be undone by the state.”
However, my marriage was in front of a judge, NOT a priest. Shouldn’t there be a difference?! What do I mean? Being a democracy, we should be given a choice. If Filipino citizens want to get married, they should have the “choice” of it being: 1) a religious ceremony; 2) a civil ceremony, or 3) both.
Whatever they chose will determine all else (i.e., divorce). The parties involved who want to get married should be counseled on these 3 ceremonial options.
If it is a civil option – they should be allowed to divorce if they feel they are not compatible for marriage after a few years (just like in most modern democratic countries). Judges should can quickly clear their backlogs, especially if both parties consent to divorcing each other, if no crimes were committed, and if there were no children or property issues involved.
Wouldn’t it be safe to say that the most cases in the dockets are of this nature?
If they go for the religious ceremony – well, they will be covered by Church laws — which is “sorry, but we don’t allow divorce, except in certain circumstances (i.e., what we see in the Philippines today).” The toughest punishment that the Church can dish out is perhaps excommunicating the offending party and recommending some punitive action to the government, who will study their recommendation on whether to carry out such action or not.
Again, my idea that we SHOULD separate Church and State. I don’t see any evidence to that. As I mentioned in my previous post, the Philippines should not be a theocracy or a religious republic by being heavily influenced or controlled by any one Church or religious insitution (such as what we see in the Islamic Republic of Iran).
However, when it comes to divorce, it does seem strange that the Philippine government allows its Muslim citizens to divorce (because divorce is allowed under Muslim Shariah law). Unfortunately, if you are a Catholic, you cannot divorce under Catholic Church laws.
But what doesn’t make sense if that if you are a Protestant-Filipino, a Buddhist-Filipino, a Jewish-Filipino (or what have you), you are not allowed to divorce. Doesn’t make sense, does it?
So, shouldn’t it make sense that our government allow us to pursue whatever our own respective religions dictate? Not just the Catholic Church?
That’s why under the current state of divorce, it is clear to me that the Philippine Catholic Church INDEED has grabbed the nuts of our government officials, by not giving its non-Muslim citizens that choice. That’s very undemocratic.
In addition, the real reason why many marriages fail is we attach too much religion to it. Again, as in my previous post, “human beings are imperfect, but some subscribe to the fact that marriage must be a perfect union.” In a religious world, it is. But in reality, it isn’t.
Now, try telling that to a young 21 year-old who “kind of” feels he is ready to marry, but isn’t 100% sure, and is afraid of “looking bad” or “loosing face” in front of his relatives, future in-laws, and friends if he decides to change his mind! Has the Church counseled him enough and was with him every step of the way?
Yes, the Church and State both have a duty to protect the social fabric – particularly children. That was one of Malta’s Nationalist Party’s principal reasons to avoid raising the issue of divorce.
However, the government should understand that not everyone is a diehard Catholic and that not all Filipinos are Catholic. It should responsibly carry out what is enshrined in every modern constitution — the choice of who we vote for, the choice of which God we worship, as well as the choice of who we want to marry.
I agree with May 3, when she said in her post that she feels her country and her church have abandoned her. What the government has spawned are what she termed “Catholic courts.”
So, are we still the “Republic of the Philippines” or the “Catholic Republic of the Philippines?” Is it the Islamic Republic the Philippines down south (because divorce is allowed down there)? Our public defenders and civic leaders should not ignore, alienate, neglect or abandon us anymore — just because the Church says so.
Is anyone protecting our choice? In my view — it should be the State. It has to show some balls.
Well-loved. Like or Dislike:
+11
I have a boyfriend who got divorced in the U.S. Can he remarry in the Catholic church? Thanks.
allowing divorce will save a lot of relationships too. by giving them second chances to have a happy life.
Well-loved. Like or Dislike:
+5
divorce should be allowed in the Philippines, its a judicial tool to help people start anew their lives from a trapped relationship…
Well-loved. Like or Dislike:
+7
Generally, it is believed that 15 percent of couples meet with failure when attempting their first pregnancy, since 80-85 percent of couples achieve pregnancy within twelve months of unprotected sexual intercourse. There is evidence from clinical data to show that in 30 percent of cases of infertility, the problem is with the man alone. While in another 20 percent, the man and the woman both share the ‘reason’ for the couple’s infertility. Therefore in 50 percent of infertility cases, the problem is wholly or partly from the man. This fact might be too much for persons to believe, but it should be understood that the male reproductive system is almost as complex as that of the females. Also, from conception to menopause, the male stands almost the chance of reproductive malfunction or abnormality as the woman.
Im just socked that there can be a law based on somthing that is not 100% true, i mean there laws on devorse is to do with the church and no 1 knows if there is 100% a god, so surly its crazy to make every 1 suffer, if there are belivers that got marrieed in a catholic church then if they devorce they should never be aloud to marry again in the church simple as that? i guess if you believe in the church then you will never get devorced plus the vatican city hmmm they alow devorcese. need i say any more….. Philippines GET WITH THE TIMES, you are hold in people from there human rights plus you must be nearly the only country left that dont alowe devorses… my opinion… mikey
Thank God for your site!
It offers so much insight and somehow indicative of why divorce must be allowed in the modern Philippines.
Here are a few questions, which I hope you can answer:
Background: We are both Filipinos and have been away from each other since 1995 (we lived as husband and wife for only a year). We have no children.
As we left each other, she made me sign a letter that frees us both from marrying anyone else, without repercussion from either side. I thought that odd at the time.
Later, I was made to understand that this document has no legal substance in Philippine courts and could be construed as collusion. Okay, understood.
A few years (and thousands of pesos) later, my application of annulment based on psycho-incapacity was approved by the RTC, but later shot down by the OSG because the only party present was me.
Now, may I fast-forward to the present (May 2010)?
I now have electronic evidence – i.e., social networking site – that shows her current marital profile, including her new husband and her children. This is her public admission of her status — one keys that in him/herself.
QUESTION #1: Can this be used as evidence for me to annul my marriage to her? So-called “evidentiary evidence” has been recently used in other countries to prosecute and resolve cases quite successfully (e.g., Facebook, Twitter, etc.).
I have seen her social networking profile several times in the past before BUT they never showed her marital status, husband’s name, and children, … until NOW.
I surmise that it is because she maybe now feels free to publish such information because she may have acquired foreign citizenship (her husband is a foreign national and they live in another country). This frees her from Philippine laws. Otherwise, she could be proscuted for adultery if she were a Filipino.
QUESTION #2: If she indeed has acquired foreign citizenship, will that allow me to remarry?
&
QUESTION #3: If yes, how can I go about finding if she has changed her nationality? Which agency is responsible and what are the procedures?
Under new laws, Filipinos can now have dual nationality.
QUESTION #4: Even if she has dual nationality, will I still be able to seek anulment?
When I got married in 1987, I didn’t remember seeing a marriage license. I didn’t even go through the mandated social counselling seminar, and at 23 years old then, I wasn’t asked to get any written consent from my parents. As I understand it, having a marriage solemnized without the prerequisite license voids it from the very beginning.
QUESTION #5: Are these red flags that may allow me to seek anulment?
Sorry po that I have so many questions! I hope your research team
will have time to enjoy their coffee and not work too long hours studying my case.
God bless you and your team always!