Divorce in the Philippines A dilemma By Evelyn Lleva

Sweet Honesty
Wednesday, March 6, 2013
THE readouts are thick with religious overtones. People agree to wed, a contract between two
people which is a contract with no termination clause, which is a bad contract.
Laws on divorce and annulment are lunatic because they require one party to prove the other
lunatic so the marriage can be declared never to have happened. This is just game playing and the
court and the attorney fees hold it open only as a resource for the well to do.
Why not be honest? If the marriage is not working, it is not the job of the state or the church to
force people to stay bound to one another. It is up to them. This is called freedom; the opposite
which is bondage. Marriage is a gamble; either you win or you lose. There is more bondage in the
Philippines and it looks like there will be burden and game playing forever.
There is no such thing as divorce in our country. It is an extremely difficult issue that requires a
qualified lawyer who is intimately familiar with all the intricacies and complexities regarding divorce
and annulment in the Philippines. When love fades in a marriage, divorce is not an option for
couples for the reason that it might bring the country to a moral brink. But the current situation is
not good enough especially in situations of wife beating or when children are beat up, marital rape
and incest. We already have annulment and then theres legal separation. A lot of homes are
broken each year by desertion. This is a poor mans divorce where no legal action is taken to break
the marriage bonds in any official way. Desertion is simply accepted as the end of marriage. There
is no divorce, largely because the proceedings cost money. While some have the money to pay for
the legal proceedings of divorce, others use desertion as an easy and cheap escape from an
unhappy marriage.
People who get legally separated in the Philippines are arguably happy with their lives but they
cannot remarry. It is just a matter of separation of bed and board.
Divorce is now breaking up marriages three times rapidly as it did half a century ago. New
pressures are causing strain and tension in the relationships between husbands and wives, and
making it more difficult for them to stay happily married. The rise in divorce rate is in part the price
we are paying for not being able to adjust readily to certain changes in our modern civilization.
Divorce is foreign to us Filipinos but with marital problems and desertion on the rise now-a-days, it
could be a solution or better still an annulment. It would be best for a couple to part ways rather
than living together under one roof and sinning through their violence that will affect and traumatize
the innocent children.
ISSUE ON DIVORCE IN THE PHILIPPINES
IS DIVORCE ALLOWED UNDER PHILIPPINE FAMILY LAW?
At present, the Philippine legal system generally prohibits the practice of absolute divorce within
the country. Absolute divorce, as it is known in other countries, may only be availed of by the
spouses in very specific instances. As a rule, Philippine Family law merely provides for the practice

of relative divorce or legal separation. This relatively limited recourse permits the spouses to live
and manage their property separately but such does not result in the severance of the marriage tie.
Nevertheless, a divorce obtained abroad by a foreign spouse may still be given legal recognition in
the country under Article 26 of the Family Code if such would result in allowing the foreigner
spouse to remarry. A recent Supreme Court decision interpreted this provision in such a way as to
include instances where one of the spouses was originally a Filipino citizen but was later on able to
change his or her citizenship. This new decision only considers the citizenship of the spouses at
the time a divorce was procured instead of their nationality at the time of their marriage.
On the other hand, Muslim marriages allow absolute divorce to take place in several instances.
Despite this open recognition of divorce, the law is only applicable when 1) the spouses are both
Muslims; or 2) where only the male party is a Muslim and the marriage is solemnized in
accordance with the provisions of the Code of Muslim Personal Laws. For those marriages not
falling within the mentioned instances, the provisions of the Civil and Family Codes as well as the
general prohibition on divorce still applies.
Therefore, what substitutes for absolute divorce in the country may only be found in Article 36 of
the Family Code. This provision allows the dissolution of a marriage and the separation of the
spouses by reason of psychological incapacity. What constitutes psychological incapacity has been
defined as the mental incapacity that causes a party to be truly incognitive of basic marital
covenants that must be assumed and discharged by them. The law did not give any specific
situation that may be considered as indicative of psychological incapacity as it was the intent of the
framers to provide the courts with a certain degree of flexibility. Nonetheless, guidelines have been
ensured in order to prevent abuse and possible collusion.
Good Divorce?
I have laid out some arguments on why I think divorce is not an option at this point so now I am
here to point out the good effects of divorce. As we all know, the Philippines is one of the few
countries who has not passed the divorce bill and we can clearly see that our catholic orientation
has been a dominant factor. In my previous arguments, I have stated that divorce is a way for
couples to take marriage for granted. Given this, Filipino Catholics (especially the devout ones)
tend to oppose the divorce bill. Marriage is not something that should be taken for granted and I
truly believe that any problem between the married couple could be solved given the right
opportunity. But what if the problem is beyond the couples ability to compromise? Do they still
have to force things and make it work even though they have no possible solution to their
problems?
Of course annulment is always a choice that every couple can make in order to achieve legal
separation but is annulment enough for the growing amount of separation cases in the country?
Here is why I think divorce should be implemented in the Philippines. First and foremost, divorce
unlike annulment is an easier way to end thing between the couple. You might think that divorce
can jeopardize the sacredness of marriage but I think the same can also be true with annulment.
My second point is, Divorce is so much faster than annulment. In annulment, a lot of investigation
must happen in order for the separation to materialize but in divorce, the consent of the couple is
enough. Annulment is more costly than divorce since it takes a long time to process than divorce.
Given this, we can clearly see that divorce is a timely option for the Filipino people because
majority
of
the
population
are
suffering
from
poverty.
A broken family is a bad situation for any child or parent but a whole family that is trying to pretend

that everything is okay is even worse. I am not saying that a divorce is necessary for every broken
marriage; all I am trying to say is if saving the marriage is not already an option then maybe the
best way to end things is through the easiest way. I am a devout catholic and I still think that we
must preserve the sanctity of marriage but if things are not working out for everyone then I guess
that it is time to face reality and make things easier for everyone. I also know that the easy way out
is not always the best way but in situations that involve the welfare of everyone in the family, I think
the
easy
and
the
fast
way
should
always
be
prioritized.
At this point, I am still not pro divorce bill but this article made me see the good things we can get
from the bill. Of course, the negative effects still outweigh the good ones but I am confident that in
time we will all reap the good benefits of the divorce bill.
Pros and Cons of Divorce Bill Proposal in the Philippines
To protect and to strengthen marriage and the family as the basic social institutions. These are
the explanatory note to House Bill No. 1799, as proposed by Gabriela Party List Representatives,
Luz Ilagan and Emmi de Jesus.
The said bill was proposed to answer the increasing number of many failed, unhappy marriages
across the Filipino classes. If divorce bill will become a law, many couples especially from the
marginalized sector will have an access to ensure the survival of problematic families in the
Philippines.
In an interview published in ABS-CBNnews.com, Liza Maza, another active member of Gabriela
Party List told that; Tayo na lang po ang bansa na hindi nagpapahintulot sa isang reasonable at
angkop na solusyon sa mga sitwasyon na kung saan na hindi na talaga kailangang pagsamahin pa
ang mga gusto nang hindi magsama,
Meanwhile, Pastor Vince Olaer, anti-divorce bill, stressed his disapproval for divorce in the
Philippines. On his blog, he run down a list of the known supporters of RH Bill and Divorce Bill. In
his opinion, the said bill will open a highway for immorality and degradation of Philippine culture
and religious standards and beliefs.
Divorce: Not a Priority of P-Noy
After it was legalized in Malta 2 years ago, presidential spokesperson Abigail Valte told in an
interview that Divorce in not on the agenda of the administration. Valte also reiterated that neither
of the divorce bills was being talk about in the Cabinet.
Meanwhile, Communications Secretary Ricky Carandang, supported Valtes statement after
Speaker Sonny Belmontes announcement that divorce would figure next on the House agenda.
Carandang also said that, Divorce is not really something that the administration is contemplating
for the remainder of Mr. Aquinos term.
Like the controversial RH law, the conclusion of the Divorce Bill is in the hands of our law makers.
Whether we are in favor of divorce or not, all we have to do is wait for the future development of
this issue.