Posted on April 18, 2008 in Discuss-a-Bill, Family Law
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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Dear Sir/Madam,
Of course divorce should be allowed! Divorce and annulment are different because annulment means a marriage was invalid. I am married to a lovely filipina lady who is now a British national and I’m black Jamaican. She had to divorce her husband with a UK divorce after she married in the Phillipines but your country won’t recognise me as her current husband. It’s ridiculous and my wife has two husbands! My uncle nearly murdered his wife in USA and she would be dead and he would be in jail if she didn’t divorce him. The men in Phillipines get away with adultery as the chruch turns a blind eye. This is the 21st century and so stop discriminating against women, non-catholics and others. Wake up and smell the coffee!
For me: it’s a big big NO!…..
I dont agree to divorce
i have been separated for two years now. i have no regrets with my decision. ever since, my daughter was born, i have been the only one who is rearing her and providing her with her needs. i think the state cannot force two individuals who are unhappy with their marriage, who dont live symbiotically and unharmoniously… the reason that i have separated from my husband is that he is so irresponsible, lazy, and doesnt seem to know his obligations as a husband and s father. he doesnt want to support his family. i did not sign the marriage contract to support the family all by myself. in fact, isnt it stipulated in the contract that both should mutually support each other? i can only support myself and my child. nobody, not the state or even the church, can decide for the two individuals who are not happy anymore with their marriage. i think if people has the freedom to marry, then they would be allowed to have the freedom to divorce if reasons are valid.
i really say no to divorce because im a person came from a broken family…mahirap talaga na lumaki ng di mo kasama ang both parents mo kasi your mom need to work abroad while my father has its second family..nakakainggit talaga yung mga comlete family..the children suufer most why dont parents should be suuffer not us,who has no really choice to be born here in this world..this is only my opinion..
i’m not in favor of divorce as well, my dad used to lie to my mom.
he even has a kid with his paramour. my mom knew all about those things. my mom suffer, i know. she take all the pain because she thinks about my future, she don’t want me to suffer for having a broken family. so as years gone by, my dad realized everything and our family had a second chance.
my point is, how’s it gonna have a second chance if they both decide to file the divorce? and i’ll be left as a kid without a ‘family’.
AND AS A FILIPINO, we’re conservative people. so we must act like one.
may tanung po ako…
(i have a question)
our lesson now in socio is all about Divorce..
our teacher say that divorce now in the philippines are already legal….
but i dont have any idea about it..
ived already searching to many person..
but there answer was: there is no divorce here in the philippines they say…
but my teacher that say that there is…
huhuhu
i realy dont have an idea..
help…
just email in my acount…
lyn_dimple06@yahoo.com.ph
tnx
Hello! I say yes to divorce for those who are in abussive relationship. No woman of any culture should have to endure the pain and suffering that gose on around the world. I’m a 29 year old male from the U.S.A. who is currently involved with a filipina that is legally seperated from her abussive husband. With so much abuse going in her country and the husbands out getting other women pregnant why is it so hard for the state system not grant the ability for these un- happy women the freedom to get there divorce? The old saying gose right is right and wrong is wrong.And it is wrong to hold the one in bondge that is being beaten by the spouse. I just pray that legislation wakes the up and see and hear the cries of the suffering women of the phillippines!!!
I agree sa devorce, my wife nakipag love making sa stranger parang nakaugalian na yata nya ganun. sa parang wala lang ang ganun sa kanya. we have 1 year old son.. sinisiraan nya ako sa mga friends nya, nung dati ayaw nya ipakita cel nya sinakal nya ako at after that dinuraan nya ako. lately ko lang nalaman na ganun pala sya. take note adulterer is also a lier. as per matthew 5:32 But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery
take note: 1 1/2 year pa lang kami kasal.. kailangan ko ba pagdusahan sa buong buhay ko ang ganito? kasi till now i cannot move on kasi bawal ang devorce.. so di na ako pwede mag asawa kasi magkakasala din ako ng adultery? sa annulment naman di pwede ang grounds na adultery. so kailangan ko mag sinungaling para ma annul kami? annulment parang magkakasiraan pa kayo before kayo ma annul.. sana magkaroon ng devorce.. ako gus2 ko buo pamilya ko kaso di ko kaya ginagawa sa akin ng wife ko. dream ko since maliit pa ako happy family kasi i came from a broken family.
actually i don’t like divorce in a family because only the children will suffer the consequence of the divorce. they might get bad psychological effects in the future. as in the bible says, man and wife are bind by God to become one as one whole family. in legal terms, they are bind by the law in order to have family. kya, d dpat pwd mgdvorce ang mga magulang kasi kwawa nmn ang mga anak nila. bka mssira p ang kanilang future. pro hu knows, ang iba ksi and nghihiwalay ang mgulang nila, mggng strong sila pra d n mranasan i2 pg ngasawa n sila s future…
i am from gabriela women’s party and we refiled the pinoy style divorce bill through rep. liza maza and luz ilagan this 14th congress. the bill hopes to institutionalize divorce as an option for individuals or couples, especially those in abusive or violent relationships. right now, a network to support the bill is being organized. if you want to join and support the bill, please contact joy solomon at 9316268 or through pinoystyle_divorce@yahoo.com. Many thanks!
Legalizing Divorce in the Philippines will give suffering spouse a chance of a peaceful and happy life. In an ideal world, divorce will not be needed but we don’t live in an ideal world. Many marriages in the Philippines are surely not an ideal marriage. Most of us go into marriage with love for our partner and hope for a happy family life with loyalty,respect,fidelity and trust as the foundation. But when all this values are destroyed by an abusive spouse, for the victim spouse, there is no escape because the Philippine law is keeping her imprison in a destructive marriage. We claim to be a christian country that follow christian ideals, yet many of our law makers and religious officials turn a blind eye on the suffering of spouses and children who are in an abusive and disharmonious marriages. Double standards abound and are silently accepted. Philippines is now a society where husband can have affairs because “men will be men” and the dutiful wife will have to be apace with the thought that “as long as he will come home to you because you are the original wife, it’s OK”! What values are we teaching the children, that it is alright for spouses to be abusive and degrade each other. In this situation the covenant of marriage becomes a useless paper lacking the commitment and responsibility to abide and fulfill the real meaning and value of the marriage union. Divorce might not be ideal but it will surely give so many suffering spouses a second chance of a meaningful life.
i am a daughter of a couple filing for annulment. they’ve been wanting it for the longest time, and i guess i was the only one stopping them, since i begged them not to, thinking there was still a chance to fix their marriage. but as i grew up, i accepted the fact that it just won’t work anymore. it never did actually. so when they asked me again, i just said, ‘sure.’
quite frankly, it really hurts, as their kid seeing my parents break up. i grew up never knowing what having a family feels like. i remember back then, every year or even twice a year, i would live with my dad then my mom, then my dad again. the cycle just continued until i finally settled with my dad. and i guess, through those hard years, i grew distant from everyone else. but as for myself, i came into conclusion that their problem should not affect my life worse than it already had. i mean, it’s up to me who i should be. just because i came from a broken family, doesn’t mean i should have a bad outlook in life. i still have a lot ahead of me, the past is past. i just have to make the right choices and not make the same mistake my parents made.
and so yes, the children would be the most affected if the parents are divorced or annulled. but then again, we all have problems. it’s only up to us whether to take it badly or have it as a lesson. we can’t blame anyone or anything if we turn out rebellious or what. we are responsible for ourselves.
going back to the real issue, i believe divorce should be allowed. well first of, annulment here in the philippines costs a whole lot of money. and remember, majority of the population are unfortunate or rather don’t have the luxury to pay for it. then if the government or the church is scared that the number of cases would expand if it indeed is permitted, that still is not enough reason to hold back those who want freedom. there are thousands of couples wanting separation due to some complications, and because of the fact that they cannot afford it, their suffering prolongs even more. there are millions of women and children who are beaten and abused because of a marriage-gone-wrong, and they can’t leave that life because the law forbids them to. and there are millions of people wanting to find a new life and love.
time is running out,
don’t you think it’s time to give them freedom?
As talked about in the comment just previously (author = kimdy), it really does matter whether a marriage is legally divorced or not because the spouses will seek their division anyway. See how kimdy talked about splitting her living time between parents. Legally married or not, broken marriages do not make a whole family in any case.. A strong argument can be made that the inability to get a divorce makes a broken family and/or marriage worse than if a divorce could be made.
please read more of what I have to say here A Case for Philippines Divorce
I agree fo divorce because nobody has to stay married if it i like living in hell.I was a victim of abusive husband.It was a rollercoaster of physical,sexual,emotional and psychological abuse. I stayed for a while and swallowed all the pain because I ws hoping he will change. I came from a very conservative community and afraid of the stigma of a broken home. I hid it from my family for two years and then when he started to locked me up to hi my bruises, I escaped and seek help .Some advised me to stay for the children’s stake and it was my role to keep the family intact. So I returned for children’s sake.Yes the reasoning are all rubbish. The worst was that he was also hurting our children to hurt me. How can I be a mother if I could not protect my children???Then one day, I told him enough is enough . On that cold night I grabbed my children and my purse. I walked out of the door. Yes…. I vowed to change the course of my life without that man who called himself husband and father of my children.I grieved for shattered hopes and dreams of happy family life. My father used to say that success is not about money but how you pick yourself up everytime you fall. I moved on.We are scarred but we are happy as family just three of us.