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.
Loading ...- Divorce in the Philippines and Judicial Recognition of Foreign Divorce Decree
- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- House Bill 1699: Proposing Divorce in the Philippines
- Annulment in the Philippines: Questions and Answers (Part 3)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
I still disagree and I’m male by the way. If you read the new testament, Jesus never disapproved of divorce but rightly put the religious leaders in their place. If introducing divorce is so bad, then why doesn’t other Catholic nations such as Spain have a high divorce rate? They’ve had it for more than 30 years as has Italy and others. The Philippines has becoming the laughing stock of Asia! Your arguments are weak. Muslims are the only ones allowed to divorce in the Philippines except foreigners who have more rights than Filipino citiziens. What about non-Catholic Filipinos such as Methodists, Baptists or Mormons? Explain!
Hot debate. What do you think?
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Tama!
what about them?? They have their own beliefs and traditions…we don’t have any rights to contradict their own beliefs as well as in vice versa.. You know what, in legalizing one law..it covers a lot of studies..the pros and cons, the advantages and disadvantages of passing a law and you only sighted those positive..why dont you try to search in google the side effect may occur? and you also said that Philippines has becoming the laughing stock of Asia? how could you to say that…
good day i have a question like example me i am marriage in Philippine we are both filipino citizen that time and after 3 years of marriage we move into united state.for a 12 years of our marriage is not work out anymore.i am US citizen ryt now.i and my wife are divorce here in united states so here is my question. it is honored/possible in the philippines our divorce papers? do i have a capacity to remarriage again in the philippines for example?
Good day Arwil,
From my understanding and discussions with an attorney, as you both were Filipino citizens at the time of your marriage, your divorce in the USA will not be recognized in the Philippines. You will need to seek an expensive annulment. This is why I argue in favour of divorce laws. Marriage can work and my parents have been happily married for 45 years. However, in the poll above nearly 80 per cent want divorce introduced. Annulments are expensive and tens of thousands of unhappy couples in the Philippines are in marriages that should be ended.Divorce shouldn’t be made easy and as stated earlier, I like the Irish system. Tell me your thoughts.
b4 getting in2 marriage think a million tyms 1st so dat wen tym comes ther wil b no regrets happen…we all know dat marriage s sacred vow so y we want 2 against wid 8???? 8 s not & shud not be allowable n our country bcos 8s 1 of the things that giv mess 2 our country name… as a pinoy, lets help each other to disagreed wid dis…………
Does your site have a contact page? I’m having trouble locating it but, I’d like to send you an email. I’ve got some suggestions for your blog you might be interested in hearing. Either way, great website and I look forward to seeing it develop over time.
If the constitution guarantees that all laws in the land applies equally to all citizens, does presidential decree 1083 supposed to applies as well to the non muslim citizens? if not then will it be argued as unconstitutional in court as it only favors a certain religion?
Why not make a policy that would TEST or make couples go through several interviews and test if they are really ready to get married or go through married life or if they are even really a couple who have been through a REAL relationship before getting married? Why does the church and even those who are licensed to conduct marriage allow couples to get married as easily?(i think going through call center examinations and interviews are far more difficult than getting married.. LOL!). Nowadays, people who are in their early 20s and late 30s or mostly those that became 18 years old, are getting married because of family pressures, unwanted pregnancy, age issues(mostly for women), Nth year’S’ of being in a bf-gf relationship(and their counting their HS and college years together) which in my opinion should not be counted, raging hormones, etc. Are these reasons really valid or even acceptable to the church and the government? I think that there would never be any issue about divorce law approval or even annulment if getting married was not this easy. PREVENTION IS BETTER THAN CURE. ayt!
Hello,
I want to clarify something. In the first paragraph under “Existing Philippine Laws regarding Divorce,” you put “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.” Do you mean that former Filipinos that are now, say American citizens, are therefore allowed to remarry even without an annulment? Are they allowed to remarry in the Church? Thank you.
I entirely disagree with divorce legalization, not because of religious reasons, but because it will ultimately disintegrate the traditional family values that we, Filipinos, we highly cherish.
South Korea and Japan, for instance, used to be family-oriented countries, but when they legalized divorce, promiscuity and vulgar infidelity are so rampant, you’d wonder where the hell their family values have gone.
Please spare our future with that shit. Instead of pursuing laws that diminish our worth as Filipinos, why don’t they just pursue laws that are more important, huh?
good day sir, i am a legal Filipino citizen and my partner have dual citizenship here in the Philippines and in the u.k. the situation is this “i just want to ask if absolute divorce is acknowledge here in the Philippines because my wife (partner) have a previous marriage with a Filipino citizen and they are almost 8yrs. separated and my partner apply for divorce in the u.k which is already been approved and signed by the court and his husband. can we get married here in the Philippines legally? we are planning to get married as sooner the better. . . please help and reply to this message or e-mail me sir?
Thank You and more power to your page atty@work.com
To Gilbert no absolute divorce is not allowed YET in the Philippines except muslims and foreigners/former Filipino nationals who gain foreign citizenship before marriage. To Megumi, totally disagree. The people of Malta finally voted on 30th May 2011 to introduce there. What are we in this country waiting for? There are many women with husbands like Arnold Schwarzenegger, Berlosconi in Italy and Tiger Woods whose wives have done the sensible thing and ended their marriages. They couldn’t do it in the Philippines. Enough is enough! Legal divorce.
I GOT MARRIED IN 1990 TO A FILIPINA AT MANILA TOWN HALL. WHEN SHE ARRIVED IN THE UK WE GOT MARRIED HERE TOO. HOWEVER SHE CHEATED ME TO A JAPANESE MAN WHILE HERE IN THE UK SO WE SPLIT. SHE ACTUALLY DIVORCED ME HERE IN THE UK SO SHE COULD NOT BE SHAMED BY HER FAMILY AND MAKE IT LOOK MY FAULT. I NOW LIVE IN CEBU AND FIND IT HARD TO GET A GIRLFRIEND BECAUSE I AM STILL OFFICIALLY MARRIED THERE AND ANY GIRL I GET CLOSE TO ALWAYS ENDS OUR RELATIONSHIP BECAUSE I CAN’T GET DIVORCED IN THE PHILIPPINES AND THEY SEEM TO THINK I WONT EVER MARRY THEM. THE PHILLIPINE LAWS ARE SO BACKWARD, THE COUNTRY NEEDS A BIG WESTERN KICK UP THE BUTT. THE PHILIPPINES HAS NON CATHOLIC PEOPLE SO WHAT ABOUT THEM?
COME ON PHILIPPINES WAKE UP, WE ARE IN THE 21ST CENTURY
this divorce bill if it would be realized, this would be the answer to my very long agony in life, imagine for 25 yrs suffering………… with my status being married to a vagabond husband…..Praise the Lord1 Hope that will be signed…
Wow! Be strong Aisha. I’m praying for that also. I may not have been Married yet but I believed in Human Rights. Our country needs a change. May God Bless us.
hi i am a filipina girl married to a canadian citizen but he his a filipino. its a worst decision for me to get marry with a wrong guy… everything is in a process, i never attend any family planning or any legal way to get married. he was just forced me that time….. He’s lying on me all the time, he said that the job he has is a pharmacist. Then 1 day he get caught and put in a jail in canada its a matter of illegal drugs that’s why i hated him so much… Now im suffering, he gave me a lot of stress.. I wish and i pray that DIVORCE will granted here in the philippines.. Its a big help for me…. So plsssssssss….
If your husband is a Canadian Citizen even though he is a Filipino if you file for a Divorce in Canada then it will be considered valid here in the Philippines. Cause your husband is not a Filipino anymore. It is allowed I forgot what Article is that cause I heard it from a recent seminar that I attended. Just to be sure coordinate with your Lawyer.
hi wendee ask ko lng po kung tlga po bang pwdng ma divore ang isng filipino citizen na sa canada? im a 21y/r.2yrs na po akung kasal,filipino po ung pnkasalan ko.but then ngaun po citizen na siya s canada and i want him to file a divores para nmn po maka move on na ako.2yrs n po kmeng d nagkikita and putol n rin po ung contuct nmin sa isat isa and wala rin po akung nkukuha na pagsupport s ank nmin and isa pa po nananakit po siya physicaly kaya po gus2 ko ng mkipghiwalay at hindi ko na po siya mahal..valid po kaya dito sa pinas ung divores na i-fifile niya dun sa canada.thank you po
I’m single and a true blooded catholic. In my own rights I’m in favor for a Divorce Bill in our country.
Annulment is really expensive and it could take years for the proceedings to be approved. This is not appropriate for the poor Filipinos and mostly the number of our population belonged to the middle and low class. Many of our fellow Filipinos are seeking freedom from there broken marriage. Why would you let two people be together if they can’t be together anymore? It’s a shame that you’re moving on in life for how many years. Physically you’re not together but in the law your still connected with each other which is not right. Yes! I’am a Catholic I still believe the sanctity of Marriage but definitely if two people can’t be together anymore they have the right for freedom. It’s not all about the religious stuff is about us being humans we have the choice in our life. To be free, to learn from our mistakes and move on in life. God created us in his image and likeness and we are created to have infinite potentials.
If the church is afraid and protecting of Family Marriage to avoid violence. Then there’s no difference. Being not ready for a Married life can create chaos but also being in a married life where two people who can’t be together anymore can create more chaos as well. It’s the same thing no difference.
If people have the right to Marry. Then people also have the right to be free from broken Marriages. This is Human Rights. The Right to be free.
We are human beings. We are destined to forgive and love one another.