10 reasons why the Philippines does not need divorce

Divorce, separation and annulment are some of the most controversial

issues today. For a country such as the Philippines where there is a huge
Christian population (and being the only Christian nation in Asia), divorce
is regarded a taboo.

The divorce bill was first filed by Gabriela party-list representative Liza
Mazain 2005, re-filed by the party-list in 2010. However, deliberations on
the bill were started only in June 2011. The bill is constantly battered with
intrigue and criticism, and some say that legalizing divorce in the
Philippines is a wishful thinking. Here are ten reasons why the country
does not need divorce:

#10: we already have a partial divorce bill

The Philippines isn't technically divorce-free
The Philippines isn’t technically divorce-free with the house’s approval of
the so-called partial divorce bill or house bill 5907. The partial divorce bill
seeks to amend the existing family code that states no Filipino spouse may
remarry even if their foreigner spouse has long divorced them. You may
read more about the partial divorce bill here.

Now, any Filipino spouse whose foreigner spouse has divorced them are free
to remarry without seeking judicial recognition. Still, some supporters of the
divorce bill are concerned: why is it that only Filipinos married to and
divorced from their foreigner spouses may enjoy a second chance?

#9: divorce is everywhere, but the Vatican and the Philippines

Vatican and the Philippines
Yes, the Philippines is the only country in the world that doesn’t recognize
divorce. For some pinoys, that’s something uniquely ours and perhaps
something to be proud of. However, this can be a lame reason for us not
needing divorce. Despite our philandering and abusive spouses, we need to
stick it out because marriage is not like hot rice that we can always spit out
when we’re burned. In marriage, you swallow it even when you’re burned.

While most of the current senators are against the legalization of divorce,
senator pia Cayetano said that being the only country with no divorce isn’t
something to be proud of because it means we are self-suffering, and
allowing men, women and even children to suffer by keeping them tied to
horrible relationships.

#8: we haven’t perfected annulment and separation, now divorce?

Pinoys suck at creating laws
Come to think of it, pinoys suck at creating laws much more implementing
them. Annulment is pretty much “available” to the rich and famous, but it’s
prejudiced to those who can’t afford the half a million pesos worth of court
and lawyer fees to go through annulment. Why, we should not be surprised
if many spouses continue to be martyrs, enduring a life with their abusive
or deceptive partners, all because annulment is insanely expensive. The
annulment law itself is exploitative to an abused spouse’s pocket – adding
insult to injury. If we can’t create and implement a divorce bill perfectly,
then let’s not have it at all!

An anti-political dynasty bill has been gathering dust in congress for nearly
30 years, and remains another one of those forgotten or overlooked bills.
The divorce bill is already on its 10th year of filing, and counting. President
noy, being the true catholic that he is, couldn’t and wouldn’t sign it. After
all, his family can afford annulment (just take kris for instance). How about
his successor?

#7: pinoys aren’t ready to live with the stigma

Pinoys gay and lesbian
Are you ready to be tagged as separada/o, hiwalaysaasawa, diborsyada/o?
Why, these don’t connote anything positive to most pinoys. We have long
since accepted the existence of gays and lesbians, bisexuals and trans, but
still, we can’t help but give them a mocking stare and we can’t keep from
whispering judgment against them.

When someone separates from their spouse, they are likely haunted by it
for the rest of their lives. They are going to blame themselves for the failure
of their marriage, even when it’s clear that the other was adulterous or
abusive. It takes two to tango, so they say. If your spouse looks to other
men or women, it’s not entirely their fault. Maybe you aren’t so good a
spouse yourself.

#6: divorce, like separation and annulment, affects the kids

Annulment, affects the kids
Whether a couple goes through annulment, legal separation or divorce,
their children will always be the most affected. Some divorce supporters
argue that the bill ensures financial support for the children, and even the
spouse, but it doesn’t provide anything to safeguard the mental and
emotional aspects of the people involved. When a couple separates, it leads
to a broken home or broken family, and not many children are able to cope
with this.
#5: it’s an easy way out for quitters
Broken families
It’s always easier and faster to give up. The reason why there’s so many
divorced couples and broken families (outside the Philippines, that is) is
because getting a divorce is easy peasy, sometimes a no-brainer. There’s
even such thing as do-it-yourself divorce. Those who remain faithful and
intact since the wedding are of course never perfect couples or families, and
the grounds of divorce, other than criminal acts, are entirely normal things
that couples experience in a marriage.

Irreconcilable differences? Incompatibility? Why the heck did two people

married in the first place? Once divorce is legal in the Philippines, and
made quick and affordable, too – then couples having problems can simply
get a divorce because it’s the easiest option.

#4: it’s not actually the easiest way out

Busaw family leaving in the center island under the metro rail transit along
north edsa in brgy. Pagasa in Quezon city taking a lunch break even if it is
danger zone and air pollution cause of smoke vehicles........photo/boy
santos
Busaw family leaving in the center island under the metro rail transit along
north edsa in brgy. Pagasa in Quezon city taking a lunch break even if it is
danger zone and air pollution cause of smoke vehicles……..photo/boy
santos

As said in #5, if divorce is legalized, and made quick and affordable . . . You
see, there lies the problem. Statistics say that 2 out of 10 Filipino families
are poor and 1 out of 10 can’t buy food. How many of these impoverished
pinoys can afford divorce when they need it? Those in the middle class, can
they afford divorce when their marriages go downhill?

Now, we may have the money to go through divorce, btu after that, there’s
still child and spousal support to pay. Can we really afford it? There’s so
much talk about legalizing divorce, but it may be just another law that only
the rich and famous can enjoy.

#3: we are Christians through and through

We are Christians through and through
We can’t accept divorce simply because it’s against our Christian beliefs.
Only death can ever make us free from our marriage vows. You know, the
phrase that goes, “till death do us part.” We could say that the Philippines
is the last stronghold, the last line of defense against those who don’t
uphold the sanctity of marriage, and it is our duty as Christians to fight for
that belief.

#2: divorce can’t curb domestic abuse

Domestic-violence
The divorce bill seeks to protect women and children from abusive
husbands or fathers, one report said. But are countries where divorce is
legal free from domestic abuse? We don’t think so, and so do statistics
reports.

In the Philippines, 19 people fall victims of marital violence every day. In the
us, 20 people fall victims of intimate partner violence every minute (that’s
28,800 every day!). While the us has greater population (318.9 million
American’s vs 98.39 million Filipino’s) and better documentation, still it’s
alarming to learn the stats of domestic violence there.

It’s been said that when an abused spouse leaves their partner, the still end
up with an equally or more abusive new partner. History can repeat itself
because we never learn. We elect and re-elect corrupt politicians, don’t we?
So, it won’t be surprising for divorced Filipinos to end up with someone bad
or worse.

#1: it doesn’t guarantee a happy second chance

It doesn't guarantee a happy second chance
A Chicago study revealed “divorce has lingering, detrimental impact on
health that even remarriage cannot fully repair.” The study added that
remarrying only makes matter worse health-wise since those who remarry
“had 12% more chronic health conditions than those continuously married,
which was slightly less than the 20% for the divorced or widowed who did
not remarry. According to researcher dr. Linda Waite, a sociologist at the
university of Chicago, during divorce or widowhood, income drops and
stress develops, affecting a person’s health.

Aside from alarming health issues, divorce doesn’t really give people a
guarantee to a happy marriage the next time around. Statistics showed a
progressive increase in divorce rates where there’s 50% chance of divorce at
the first marriage, 67% at the second marriage, and 73% at the third.
Another factsheet disclosed that 60% of those who remarried end up re-
divorced.

What does this mean? This means that divorce is no guarantee for getting a
clean slate and finding a lifetime partner. As pinoys would say, “walang
forever” (there’s no forever).
This could be because some people remarry “on the rebound” and are not
entirely ready for another committed relationship. In another note, those
who remarry have unrealistic expectations and will have to face several
issues such as caring for stepchildren, relating with a new set of in-laws,
etc.

This is our take on why we do not need divorce here in the Philippines.
Why, we want to curb domestic abuse, protect the children, and have
another shot at marriage? Divorce may not be the elixir we need, and
there’s a risk that it may even make matters worse. Do you agree?

Philippines: house bill on divorce approved in committee

Opponents of this initiative argue that, if divorce is allowed, it will destroy

the institution of marriage. The author of the bill, rep. Edcel lagman,
challenged this argument, stating in his sponsorship speech for the bill
that, because the proposed divorce law “cannot undo centuries of dearly
held Filipino customs and traditions honoring and celebrating marriage and
the family [, marriage and the family are and will still be at the heart of the
Filipino way of life.” Lagman further stated that spouses who are willing to
consider divorce do so when they no longer have a functioning marriage.
And it is because of failed marriages and the impossibility of reconciliation
that the bill’s explanatory note says that the Philippine state has the duty to
provide spouses in such relationships with the possibility of divorce.

The bill looks upon divorce as a women’s rights issue. The bill’s explanatory
notes states that “not being able to get out of an eventual loveless,
unhappy, even abusive marriage is a human rights concern for women,”
while section 3(4) of the bill provides that the proposed divorce law is “pro-
woman legislation” because it would allow Philippine wives to be liberated
from abusive relationships and “regain dignity and self-esteem.”

Nevertheless, the bill contains a general rule providing for six-month

cooling-off period after the filing of a petition for divorce during which the
court must pursue efforts aimed at reuniting and reconciling the parties.
Exceptions to the rule would include instances in which one of the spouses
is sentenced to imprisonment for six years, or when the spouses have been
separated for at least five years.

The committee on population and family relations of the Philippine house of

representatives is expected to refer the approved bill to the full house for
further analysis and debate.
According to the announcement, the Philippines and the Vatican are
currently the only two sovereign states in the world that still prohibit
divorce. The announcement also explained that the approved bill includes
the following grounds that may be invoked for filing for divorce:

Separation of the spouses for at least five years at the time the petition for
divorce is filed.
Gender reassignment surgery or transitions from one sex to another by one
of the spouses.
Irreconcilable marital differences.
Domestic or marital abuse.
A divorce decree obtained abroad by one of the spouses.
Opponents of this initiative include house deputy speaker bro. Eddie
Villanueva, who has stated that divorce will offer couples “an expressway
out of marriage” that “will diminish the institution into a simplistic
contractual relationship bereft of its pure meaning and call for lasting
commitment. Injecting absolute divorce in the society is a sure formula for
raising fatherless and motherless Filipino children.”

Rep. Lito Atienza also opposes the bill. He believes the measure is
unconstitutional and vowed to challenge it in the supreme court if it passes,
because the Philippine constitution provides that marriage is an inviolable
social institution and the foundation of the family, and thus must be
protected by the state.

Reportedly, bills on divorce were filed in previous legislative sessions but

have not been passed into law. The legislative proposal that was just
approved has the backing of the speaker of the house, according to
representative edcel lagman, a supporter of the recently approved bill.

The committee on population and family relations will refer the approved
bill to the house plenary for further analysis.
Adopting divorce in the family code

Policy brief no. 12

This policy brief provides the rationale for adopting divorce in the family
code of the Philippines.

What is the issue? What has been our recent experience/s with regards to
the issue?

Based on the figures from the office of the solicitor general (OSG), the
number of annulment and nullity of cases has been increasing since 2001,
from 4,520 to 8,283 in 2010.1 the 2013 data showed that more females
(half of the 10,000 petitions filed) initiate the filing of annulment or nullity
proceedings.2

Under Philippine laws, married couples who want to end their marriage
have limited options. One is through legal separation which will allow coup
for les to live apart and separate their possessions, but does not permit
them to remarry. Another option is through declaration of nullity of
marriage which means the marriage is considered null and void because:

1. It lacks the essential and formal requisites of marriage such as no legal

capacity to enter into marriage;
2. It is considered as against public policy (e.g. incestuous and bigamous
marriages);
3. It did not conform to the requirement set forth by the family code; and
4. It is a case wherein one or both parties is/are psychologically
incapacitated to perform the marital obligations thereto.3
The last option is annulment which connotes that a marriage contract is
valid and existing but was only cancelled or annulled. Based on the family
code, the grounds for annulment are lack of parental consent,
insanity/psychological incapacity; fraud, force, intimidation, or undue
influence; impotence; and sexually transmissible diseases.

Annulment has been the best recourse for couples who have problematic
marriage.4 but it comes with a price, as the annulment procedure has been
described as a “game of mud-slinging and outsmarting” that makes
breaking up uglier and encourages a petitioner to exaggerate problems in
order to attain a favorable decision.5 it is also lengthy, exhaustive,
inhumane, and entails expensive court proceeding. In fact, an annulment
would cost around php 300,000 to php 1,000,000 and could take years to
reach promulgation, and decision may not be favorable to the couple.

Married couples should be given an option that clears away a lengthy,

exhaustive, inhumane and expensive court proceeding like annulment, but
gives them the liberty to start all over again and remarry which legal
separation cannot provide. Divorce can be the best alternative given such
circumstances.

Why is the issue important?

The burden of failed marriage usually falls on women due to the cultural
stereotypes and the current legal system that our country has. Women are
sometimes solely burdened to financially provide for their children and they
balance this with personal struggle of loneliness and social stigma.6

The most common cited reasons for the breakdown of marriage are:

1) infidelity or extramarital sexual relations or affairs by usually the

husband; and in some cases, the wife;
2) violence inflicted by the man on the woman or on their children;
3) sexual abuse inflicted usually by the husband on children or other close
relations.7

The above-mentioned reasons are the actual grounds for legal separation
under article 55 of the family code of the Philippines. Other grounds cited
include attempt to engage in prostitution, imprisonment of more than six
years, drug addiction or habitual alcoholism, lesbianism or homosexuality,
attempt against the life of petitioner and abandonment.

Take for instance the case of a wife (g.r. no. 126010 December 8, 1999) who
tried to get out of her marriage because of a husband who is irresponsible,
immature, drunkard and a womanizer, and even gave her a sexually-
transmitted disease (std).8 she filed for annulment for the reason of
psychological incapacity but the court denied her petition on the grounds
that chronic sexual infidelity, abandonment, gambling and use of prohibited
drugs are not grounds of the spouse’s psychological incapacity.9

The petitioner’s cited reasons are actually grounds for legal separation. By
having an option for divorce, abused women like her can pursue a healthy
and happy life without their abusive husbands. Discarding long annulment
proceedings but will provide them the freedom from various marital
legalities such as documents/papers under their married name, conjugal
issues on properties and the risk of being charged with adultery should they
get involved in a new relationship.10

What are the existing laws or policies related to the issue?

Section 19 of R.A 9710 or the magna carta of women (mcw) states that “the
state shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and shall
ensure: (a) the same rights to enter into and leave marriages or common law
relationships referred to under the family code without prejudice to
personal or religious beliefs;”

Article 16 of united nations’ universal declaration of human rights provides

that “men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They
are entitled to equal rights as to marriage, during marriage and at its
dissolution”.

Likewise, article 16 of the convention on the elimination of all forms of

discrimination against women (cedaw) calls upon the state parties to “take
all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women: …(a) the same right to
enter into marriage; (b) the same right to choose a spouse; (c) the same
rights and responsibilities during marriage and at its dissolution; …”

The same is reiterated in cedaw gr no. 21 (1994) on equality in marriage

and family relations “states parties should be able to adopt the principles
contained in the convention that men and women should have the same
rights and responsibilities during marriage and at its dissolution”; cedaw gr
no. 29 (2013) on economic consequences of marriage, family relations (40)
recommends states parties to revise provisions related to divorce and its
financial consequences to prevent husbands avoiding financial obligations
towards their wives and eliminate different standards of fault for wives than
for husbands; and in cedaw concluding observations no. 50 (July 22, 2016):
“(a) expedite the harmonization of the family code and other laws on
marriage and family relations with the convention and the magna carta for
women and ensure equality of women and men in marriage as well as upon
the dissolution of marriage, including by expediting adoption of the long
pending divorce bill and taking into account the committee’s general
recommendations no. 21 (1994) on equality in marriage and family relations
and no. 29 (2013) on economic consequences of marriage, family relations
and their dissolution;”

Policy recommendation

Adopt divorce in the family code by repealing the legal separation provision
in the family code and making its grounds as grounds for divorce. It will
benefit both spouses who may have serious problems with their
corresponding partners. But given that women are the common victims of
physical, sexual and emotional abuses, the proposed measures will give
them the opportunity to rebuild a family, regain self-esteem and have an
option to remarry.11

Specifically, the following are recommended:

1. Adopt provisions on divorce that shall have the following effects:

A. Dissolution of marriage;
B. Right to contract marriage again;
C. Dissolution of conjugal partnership of gains;
D. Retention of legal status of legitimate and adopted children of the
divorced parents;
E. Children’s custody and financial support shall be determined by the
court based on the existing provisions of the family code.

2. Repeal of title iii legal separation of the family code of the Philippines;

3. Make the grounds for legal separation stated in article 55 as grounds for
divorce as follows:

A. Infidelity or extra-marital sexual relations;

B. Violence;
C. Sexual abuse;
D. Attempt to engage in prostitution;
E. Imprisonment of more than six years;
F. Drug addiction or habitual alcoholism;
G. Lesbianism or homosexuality;
H. Attempt against the life of the petitioner; and
I. Abandonment.

4. Include provisions in article 56 in the provisions to safeguard the process

from condonation, consensus, connivance and collusion among involved
parties, to read:
“… the petition for divorce shall be denied on any of the following grounds:

A. Where the aggrieved party condoned the offense or act complained of;
B. Where the aggrieved party has consented to the commission of the
offense or act complained of;
C. Where there is connivance between parties in the commission of the
offense or act constituting the ground for divorce;
D. Where both parties have given ground for divorce;
E. Where there is collusion between the parties to obtain the decree of
divorce; or
F. Where the action is barred by prescription.”

5. Add a provision that will recognize divorce obtained by a filipino citizen

abroad provided that the ground filed falls under the grounds cited in the
family code.

6. Simplify the divorce process and reduce the cost of the procedure;

7. Review other related provisions in connection with legal separation and

divorce to complement the amendments.

Conclusion

Married couples who want to end their problematic/dysfunctional marriage

should have a legal recourse through a simplified and inexpensive divorce
process with grounds as stated under legal separation; hence this proposed
measure.

This proposed measure considers the plight of women trapped in a marriage

ridden with violence, abuse, oppression and deprivation to be completely
free to start a better life.
There are multiple reasons which may lead to ending a relationship,
however, domestic violence is one of the main reasons that lead to the end,
where the partners can’t take it anymore and they can’t live together so they
decide to divorce.

Divorce is a huge phenomenon in all societies around the world.

Before planning for a divorce, it's important to evaluate the advantages and
disadvantages not only for yourself but for your spouse and your children.
Divorce divides a family financially and emotionally, which may improve life
for all, or exchange one set of problems for another. Consider the benefits
and drawbacks.

Here are some advantages and disadvantages of divorce:

Advantages:

Divorce gives you another chance to live your life in your own way after a
divorce you will be able to restart your life with or without another partner,
you can be happy again, well if you make the right decision after.

After a divorce, individuals can develop the personal skills that can help
them work towards a better quality of life for themselves.

Disadvantages:

An argument against divorce is its negative effect on a couple’s

psychological health. Adults can suffer a negative psychological balance,
including high levels of anxiety, unhappiness and depression.

Divorce doesn’t just affect the couple who is splitting, children feel the
impact, too. A disadvantage is a negative impact it will have on children. A
child of divorce may develop commitment issues and doubt his ability to
marry. You know he or she might see how problematic marriage is and end
up not marrying at all. Some may also suffer depression because of the
break-up of their family.

However, ladies, there are some situations in which it is basically

impossible for you to live with your man under the same roof.
Some examples would be-

Physical abuse – nonstop intentional beating without reason

He’s cheating on you by committing zina (adultery)

He’s not providing you with what’s obligatory…. Clothes, food, shelter and
the bedroom lol.

If your entire life is at stake, and it is dangerous to live with the other
person divorce allows you to get that freedom and move on.

Now, there are other serious but fixable issues.

Some examples would be -

-the top authority (mainly men want to take control of the wife)

-incompatibility (you guys can work that out. Sit together and say what you
like and dislike about each other. Open up and speak freely then
compromise and everything’s set.

These issues are fixable through counselling so don’t let divorce be the first
thing to cross your mind. Seek solutions.

Let’s see some stats about divorces.

In America, there is one divorce approximately every 36 seconds. That's

nearly 2,400 divorces per day, 16,800 divorces per week and 876,000
divorces a year. Wow that’s in America alone…

The average length of a marriage that ends in divorce is eight years.

People wait an average of three years after a divorce to remarry (if they
remarry at all). So, there’s a chance he might come back…. yay.

The average age for couples going through their first divorce is 30 years old.

But yeah, i know these stats are for the west, our stats would be different
lol.

Now there are stats on the likelihood of divorce.

If your parents are happily married, your risk of divorce decreases by 14

percent.
People who wait to marry until they are over the age of 25 are 24 percent
less likely to get divorced.

If you've attended college, your risk of divorce decreases by 13 percent.

Manila, Philippines – is predominantly catholic Philippines ready for

divorce?

As the senate continued to hear 3 divorce bills on Tuesday, September 17,

Filipinos online weighed in on legalizing divorce in the country.

The following are the names of the divorce bills:

Senate bill no. 67 – recognizing the foreign decree of termination of marriage

Senate bill nos. 288 and 356 – instituting absolute divorce and dissolution
of marriage in the Philippines
Senate bill no. 504 – recognizing the civil effects of church annulment
decree
The controversial absolute divorce bills, filed by senators Risa Hontiveros
and pia Cayetano, seek to go beyond psychological incapacity, lack of
consent, incapability to bear children, among others, as acceptable reasons
for an annulment.

Besides Vatican City, the Philippines is the only nation in the world that
does not have a divorce law. (Read: [opinion | dash of as the divorce bill:
legislating love, sex and marriage)

At the hearing, Hontiveros said that Filipinos, especially women and

children, “should be free from abusive and loveless relationships” to be
given another chance in life. (Read: Hontiveros: divorce bill is ‘pro-family,
pro-children ‘)

On Tuesday, Rappler ran a conversation on legalizing divorce in the

country, and netizens seemed to have clashing opinions about it.
Yes, to divorce

For joy marcial, legalizing divorce would give someone who’s trapped in an
abusive and unhealthy relationship a chance to start a new life.

“If you don’t believe in it and don’t want to get a divorce, then don’t get one.
But don’t deprive others of the chance to start over and turn a new leaf after
enduring years trapped in a bad marriage,” wrote marcial.

The same sentiment was echoed by roena Cameron, saying that many
women are still suffering from trauma because of an abusive relationship.
She then recounted her traumatic experience with her husband that
eventually affected their children.

Netizen Marie shuck appealed to those who oppose the bill to stop citing
bible verses to defend their stand and instead try to look at it from the lens
of women who were abused by their husbands.

No to divorce

Religious groups and supporters see the measure as evil, “anti-family,” and
detrimental to the children. The bible, after all, says what god united let no
man tear apart. (Read: [opinion] divorce and the religious response)

For Raymond Braganza, legalizing divorce is not the best solution for
broken marriages. According to him, lawmakers should amend existing
laws on marriages, like raising the age requirement for someone to get
married.

Raffy Baltazar shared the same sentiment.

Meanwhile, for sari han, if the divorce bill becomes a law, couples would
take advantage of it.
Eva minda molon-basas pangatungan said that the Philippines has
annulment and legal separation, and those should be enough.

But bobby cleofe thinks otherwise.

Senator Joel Villanueva said he will “definitely oppose” the divorce bill when
it reaches the plenary. He said he supports “equal access” to annulment,
which he branded “anti-poor.” (Read: divorce bill? Villanueva says ‘over my
dead body)
By topten.ph · January 12, 2016
In march 2018, a social weather station survey found that majority of
Filipinos support legalizing divorce in the country. Does this still hold true
today?
(Mar. 4, 2020) on February 4, 2020, a bill proposing the legalization of
divorce in the Philippines was approved by the committee on population
and family relations of the Philippine house of representatives. Currently,
the Philippine’s and the Vatican are the only two sovereign states in the
world that still prohibit divorce.
On august 17, 2021, the Philippine government announced that a bill
proposing the legalization of divorce in the Philippine’s had been approved
by the committee on population and family relations of the house of
representatives.