legalization of divorce in the philippines essay

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Divorce: ‘Not for everyone’

DIVORCE COMPOSITE IMAGE from Inquirer file and stock photos.

MANILA, Philippines—In a historic legislative move, the House of Representatives has passed House Bill (HB) 9349, also known as the “Absolute Divorce Act,” which aims to allow absolute divorce as a legal recourse for Filipino couples trapped in irreparably broken marriages.

For the longest time, the Philippines, where 80 percent of the population is Catholic, is known as the only country in the world — other than the Vatican — where divorce remains illegal.

For pro-divorce advocates in the Philippines, the absence of divorce as a legal option significantly hinders couples from severing ties and, most crucially, escaping violent and abusive relationships.

Although couples seeking to end their marriage can try annulment or declaration of marriage invalidity from courts, the process is slow and costly — starting from at least P100,000 — with no guaranteed outcome.

If the marriage was solemnized in church, the process of annulment could take even decades.

In some cases, couples who are desperate for quicker resolutions fall victim to online scams. Other couples, meanwhile, opt to live separately while remaining legally bound in long-dead marriages.

A group of various lay Catholic organizations has previously argued that the lack of divorce in the Philippines “doesn’t mean we should also allow it.”

The Catholic Bishops’ Conference of the Philippines (CBCP) has long maintained that divorce is “anti-family, anti-marriage, and anti-children.”

GRAPHIC BY ED LUSTAN

Despite these arguments, in a 131-109-20 vote, the House of Representatives approved on third and final reading the proposed Absolute Divorce Act, a bill allowing absolute divorce in the country.

READ: House approves divorce bill on final reading

READ: House revises ‘yes’ vote on divorce bill’s approval to 131 from 126

The last time a House divorce bill hurdled final reading was in the 17th Congress, during the first half of former President Rodrigo Duterte’s administration.

However, the measure languished in the Senate.

The current  Senate version  of the divorce bill, filed by Senators Risa Hontiveros, Raffy Tulfo, Robin Padilla, Pia Cayetano, and Imee Marcos, has already been approved at the committee level last year.

What is the divorce bill all about?

Section 2 of the proposed Absolute Divorce Act states that while the government continues to value and protect marriage, it also provides a way for couples in “irreparably failed marriages” to get a divorce.

It stressed that the measure aims to help children avoid the stress of their parents’ constant fighting and gives divorced individuals the chance to remarry.

Under the Absolute Divorce Act, the following are considered grounds for absolute divorce:

• Physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
• Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
• Attempt of the respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution or connivance in such corruption or inducement.
• Final judgment sentencing the respondent to imprisonment of more than six (6) years, even if pardoned.
• Drug addiction, habitual alcoholism, or chronic gambling of the respondent
• Homosexuality of the respondent.
• Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
• Marital infidelity or perversion or having a child with another person other than one’s spouse during the marriage, except when upon the mutual agreement of the spouses, a child is born to them through in vitro fertilization or a similar procedure or when the wife bears a child after being a victim of rape.
• Attempt by the respondent against the life of the petitioner, a common child or a child of the petitioner.
• Abandonment of petitioner by respondent without justifiable cause for more than one (1) year.
• When the spouses are legally separated by judicial decree for more than two (2) years, either spouse can petition the proper Family Court for an absolute divorce based on said judicial decree of legal separation.

The proposed Absolute Divorce Act not only allows spouses in hopelessly broken marriages to obtain a divorce through judicial procedures, but also addresses several key aspects:

• Includes provisions to ensure the best interests of children are protected, including care, custody, and support.
• Supports women’s rights by helping them escape abusive relationships and regain their dignity and self-esteem.
• Ensures that divorce proceedings are affordable and quick, especially for those needing court assistance.
• Introduces a sixty-day period for reconciliation efforts, except in cases involving violence.
• Recognizes valid foreign and church divorces without requiring additional legal processes.
• Provides court-appointed social workers, psychologists, and legal counsel to assist petitioners.
• Requires the Department of Social Welfare and Development (DSWD) to implement programs that strengthen marriage and family life.

What the divorce bill is not about

The proposed Absolute Divorce Act does not eliminate marriage; rather, it seeks to protect and preserve marriage while providing a remedy only for failed marriages, especially those that involve domestic or marital abuse.

While it offers divorce or legal separation as options for irreparably broken marriages, it does not promote divorce as the first choice. Section 12 of HB 9349 mandates a 60-day cooling-off period, during which the Family Court must make every effort to reunite and reconcile the spouses after the filing of the divorce petition.

“Upon expiration of the cooling-off period without the parties having reconciled, the court shall immediately commence trial and is mandated to decide the petition within one (1) year after the lapse of the sixty-day cooling-off period,” Section 12 of HB 9349 stated.

However, the cooling-off period does not apply in cases that involve acts of violence against women and their children (VAWC) under Republic Act No. 9262 or when there is an attempt against the life of the other spouse, a common child, or the petitioner’s child. It is also not required for petitions filed under summary judicial proceedings.

The proposed Absolute Divorce Act also ensures that divorce is:

• Not instant or automatic since it requires proper judicial proceedings and compliance with legal protocols.
• Attentive to children’s needs and ensures that the children’s rights and interests are protected during and after divorce.
• Not free for all. It ensures that the grant of absolute divorce is affordable and fees are waived only for court-assisted petitioners who qualify.
• Legally supervised to prevent collusion and coercion in divorce filings.
• Not disregarding property rights, ensuring the division and protection of conjugal properties and children’s inheritances.

In a statement, Albay Rep. Edcel Lagman, the author of HB 9349, assured critics that a divorce law would not destroy marriages, emphasizing that divorce does not sever a marriage that has already long been dead.

“What will be before the Family Court is a cadaver of a marriage,” he said.

“Divorce is not the monster plaguing a marriage. It is marital infidelity, abandonment, violence, and cruelty, among others, which are the devils that destroy marriages,” he added.

Filipinos’ view on legalization of divorce

A 2017 survey by Social Weather Stations (SWS) revealed that five in 10 Filipinos believe that separated and irreconcilable married couples should be allowed to divorce and remarry.

The survey asked respondents whether “married couples who have already separated and cannot reconcile anymore” should be allowed to divorce “so that they can get legally married again.”

Of those surveyed, 53 percent agreed with the statement, with 30 percent saying they “strongly agree” and 23 percent “somewhat agree.” On the other hand, 32 percent disagreed, including 10 percent who “somewhat disagree” and 22 percent who “strongly disagree.”

Data from SWS also indicated a significant increase in the percentage of Filipinos who support making divorce legal for married couples unable to reconcile.

In 2005, 43 percent of adults (24 percent strongly agree, 19 percent somewhat agree) supported this idea. By 2011, this had risen to 50 percent (27 percent strongly agree, 23 percent somewhat agree).

The trend continued upward, peaking in 2014 with 60 percent (38 percent strongly agree, 22 percent somewhat agree). Though there was a slight decline in 2015 to 48 percent, support remained strong, with 53 percent in 2016 and 53 percent in 2017.

READ: Filipinos demand right to divorce: ‘We want to break free’

According to data from Statista, Filipinos, when surveyed, highlighted several reasons for supporting the legalization of divorce in the Philippines. These reasons include:

• 51 percent believe divorces can solve marital problems.
• 18 percent think divorce gives separated individuals a chance to remarry.
• 9 percent notes that divorce is globally accepted.
• 9 percent find divorce to be less expensive than annulment.
• 6 percent argue that we are living in modern times, implying the need for updated laws.

The data also indicated that 7 percent of surveyed Filipinos believe that no one should ever get a divorce.

‘Anti-family, anti-marriage, anti-children’

In a statement, the CBCP expressed disappointment over the House of Representatives’ approval of the divorce bill. Bishop Alberto Uy of Tagbilaran emphasized that divorce undermines the sanctity of marriage, calling it “a sacred covenant.”

Fr. Jerome Secillano, executive secretary of the bishops’ Episcopal Commission on Public Affairs, added that “divorce is anti-family, anti-marriage, and anti-children” and criticized Congress for betraying its constitutional mandate to uphold marriage and family.

He also noted that existing legal remedies for separation already exist and argued that “divorce is not the ultimate solution to problematic unions.”

Similarly, Cibac Rep. Eddie Villanueva, a born-again pastor who voted against the bill, pointed out that annulment and legal separation provide ways to address troubled marriages without defying religious beliefs.

“We should have realized that annulment and legal separation exist to remedy problematic marriages without rebelling against God, insulting Him, and drawing the curses of disobeying Him,’’ he said.

READ: House OKs divorce bill: ‘No monster’

Manila Rep. Bienvenido Abante noted that the Philippines is “becoming a liberal country like America.”

“I just hope that this divorce bill will be something that cannot be taken advantage of by some people. We don’t want this bill to become a tool (to destroy marriages),” Abante said.

Addressing concerns about the measure, ACT Teachers Rep. France Castro stressed that the bill “would not destroy the sanctity of marriage”. Rather, it acknowledges that “some marriages just simply get to a point where it becomes irreparable.”

Divorce as a ‘life raft’

According to Lagman, the measure is not meant for everyone, as the vast majority of Filipino marriages are happy, lasting, and loving. These couples, he said, do not need the divorce law.

Castro explained that the measure provides a “much-needed option for women and families trapped in broken marriages, particularly those involving violence.”

According to the Philippine Statistics Authority, approximately one in six Filipino women aged 15-49 have experienced physical, sexual, or emotional violence from their current or most recent husband or intimate partner.

READ: It takes a village VAW desk: Her days of abuse can stop here

“It is easy to paint Filipino families as perfect, devoid of any form of conflict and abuse. But in reality, political, economic, and social realities strain marital relationships,” said Gabriela Rep. Arlene Brosas.

“Many women face inequalities and violence that undermine the ideals of marriage,” Brosas continued.

Dr. Anna Cristina Tuazon, a psychologist and associate professor at the University of the Philippines (UP) Diliman, believes that divorce isn’t what destroys happy marriages. Instead, it serves as a life raft for those trapped in marriages that have long been dead.

Tuazon compared the absence of legal divorce to a building without emergency exits, stressing the lack of an essential option for those in desperate situations.

“Imagine there’s a fire, but the building owner didn’t put in emergency exits because he ‘does not believe in it’ and that you were expected to keep managing the fire, not escape it,” she said.

“Imagine still a building infested with toxic mold but that you were not permitted to evacuate because others couldn’t fathom why you don’t have the willpower to tough it out,” she added.

“Most people hopefully will not need to use emergency exits in their lifetime. And you’ll be glad it’s there when you need it,” she said.

READ: Divorce should be an option

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She also explained that to ensure the success of a marriage, couples should be given resources and support to help them adapt rather than simply being mandated to stay together.

“If you love someone, you don’t chain them to you; them choosing to stay is a greater sense of emotional security than locking them in a divorce-less marriage,” said Tuazon.

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Divorce Is Prohibited In The Philippines, But Moves Are Underway To Legalize It

Michael Sullivan

Anti-divorce protesters marched in Manila in February. The Philippine House of Representatives passed a bill in March that would legalize divorce. Ted Aljibe/AFP/Getty Images hide caption

Anti-divorce protesters marched in Manila in February. The Philippine House of Representatives passed a bill in March that would legalize divorce.

After 10 years of marriage to a husband she says was a philanderer, and dealing with her suffocating in-laws, Alpa Go, a mom in Metro Manila, threw in the towel. She wanted out, for herself and her two children.

"I just wanted to cut ties with him," she said speaking in Tagalog. "If I ever achieve my goals, I don't want to do it carrying his name. And if I acquire properties in the future, I don't want to have to share with him. What if I'm gone?" she asks — meaning what if she's dead. "Then he would benefit instead of the kids."

What Alpa Go wants — but can't get — is a divorce. The Philippines, where roughly 80 percent of the population is Roman Catholic, is one of only two countries in the world where divorce remains illegal (with exemptions for the roughly 5 percent of the population that's Muslim). The only other country where divorce remains illegal is Vatican City.

With divorce out of the question, Go did the next-best thing. She filed for an annulment. But they're expensive and out of reach for many Filipinos, whose jobs bring them only a few dollars a day.

Go was lucky in the sense that she'd saved enough money to try. She paid the equivalent of $5,000 to file. It didn't work.

"I filed on the grounds of psychological incapacity," she explains, one of the official grounds for annulment. "But [the court] said it wasn't enough."

Later, she says, her friends told her the judge in Metro Manila's Antipolo municipality, where she filed, wasn't a fan of annulments. So Go gave up.

Laywer Clara Padilla, the executive director of EnGendeRights , a Manila-based nonprofit that advocates for women's rights, says Alpa Go's story is far from unusual. She has heard far worse.

"Women, even if they're in an abusive relationship where their husbands would batter them, even if their husbands are drunkards or are alcoholic or engage in extramarital affairs, even if they do drugs — their wives are unable to dissolve the marriages," she says.

But a bill passed in March by the Philippines House of Representatives is giving hope to proponents of divorce. It would allow divorce for a variety of reasons, including irreconcilable differences, abuse, infidelity and abandonment.

Philippine President Rodrigo Duterte Has A New Adversary — The Church

To become law, the bill needs to be passed by the Senate and approved by the president. But the House bill, which passed by a vote of 134 to 57, is significant since no divorce legislation has ever made it this far in the Philippines, says sociologist Jayeel Cornelio of Manila's Ateneo University. He calls the bill "unprecedented," but also logical in a country where a recent survey showed more than half of Filipinos are in favor of allowing divorce "for irreconcilably separated couples."

"The influence of the Catholic Church, when it comes to political matters and private moral affairs, is becoming weaker and weaker in the country," Cornelio says. "The resistance of the Catholic Church to the divorce bill is increasingly seen as not in the interests of the public but only the interests of the Catholic Church."

Cornelio says a divorce bill is a sensible, and even "inevitable" next step after the passage of the country's reproductive health law in 2013, which allowed poorer Filipinos in particular access to birth control. Many municipalities have been slow in implementing the reproductive health law, which took more than a decade to pass — evidence of how much power the Church still enjoys.

Still, there is an unusual level of bipartisan support for the divorce bill — a matter of concern for the Catholic Church.

"Yes, it is worrisome for us," says Auxiliary Bishop Broderick Pabillo of the Roman Catholic Archdiocese of Manila. "According to our Philippine constitution, now we are supposed to be pro-family to protect the family, and strengthen the family, and divorce will not help our people at all."

Pabillo acknowledges that there are cases where women who are emotionally or physically abused by their husbands need to get out. But in those cases, he says, "She can legally be separated from the man, so we also [offer] a way out."

It's not a way that allows them a divorce to start life anew in the eyes of the government or the Church. But Pabillo is firm.

"We cannot make a policy for certain cases when the whole society would suffer in the long run," he insists.

Nonsense, says Padilla. She says the Philippines remains "pretty much behind the rest of the world" — in the "dark ages," even, she says — when it comes to issues like divorce and LGBT rights.

"The Philippines should be a secular state where there should be separation of church and state," Padilla says, "where the Catholic Church should not be able to influence their religious beliefs in the passage of laws."

The Philippine Supreme Court recently ruled that Filipinos married to foreigners can get divorced abroad and be recognized as such at home.

Even though the divorce bill had strong support in the House, in the Senate, resistance is much stronger.

"Unfortunately for those who are proposing it, I don't believe in it," says Senate majority leader Vicente Sotto III . "As far as I'm concerned, it's not a priority," he says, though he admits he's taking heat from his four daughters — all of whom, he says, support the right to divorce and want him to consider the bill.

Sotto's own opposition, he says, won't keep him from allowing a vote in the Senate. "We'll discuss it," he says. "I am not going to stymie the bill because I'm not in favor of divorce, that does not mean I'll not do my job. If a senator comes to me and says, 'please, have it in the agenda because we want it discussed,' after discussing in committee, so be it. We'll do it."

A Senate version of the bill could come up for consideration in the next few months, and both Sotto and Pabillo put the chances of passage at about 50-50. Even if the Senate does pass it, the bill would still need to be approved by President Duterte, whose own marriage was annulled.

Duterte has expressed his opposition to divorce in the past. But he's also been a fierce and foulmouthed critic of the Catholic Church, when it comes to the Church's condemnation of his war on drugs, which human rights groups say has claimed more than 12,000 lives since it began nearly two years ago.

If enough Filipinos make a public show of supporting a divorce bill, the populist Duterte might go along. Giving the people what they want while giving the Church a black eye, some observers suggest, might be a twofer Duterte simply cannot resist.

• Philippines

Essay on Legalization Of Divorce In The Philippines

Students are often asked to write an essay on Legalization Of Divorce In The Philippines in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Legalization Of Divorce In The Philippines

Understanding divorce.

Divorce means legally ending a marriage. In most countries, people can divorce if their marriage isn’t working. The Philippines is one of the few places without a divorce law. Married couples there can’t easily separate, even if they want to.

The Current Situation

In the Philippines, couples can get an annulment or a legal separation instead of a divorce. An annulment is when the court says a marriage never really existed. Legal separation lets couples live apart without ending the marriage.

Arguments for Legalization

Some people say divorce should be legal in the Philippines. They believe it can help those stuck in unhappy or unsafe marriages. It’s about giving people the freedom to choose what’s best for them.

Opposition to Divorce

Others argue against divorce, worried it might harm family values. They fear it might make ending marriages too easy. The Catholic Church, very influential in the Philippines, also opposes divorce.

Whether or not to legalize divorce in the Philippines is a big debate. It’s about balancing personal freedom with traditional values. The decision will affect the lives of many Filipinos.

250 Words Essay on Legalization Of Divorce In The Philippines

Divorce is when two people who are married decide they want to end their marriage. They go to court, and if the court agrees, they are no longer husband and wife. Many countries allow divorce, but in the Philippines, it is not allowed except for Muslim Filipinos who have their own laws.

Why Some People Want Divorce Legalized

Some people in the Philippines want to change the law to allow divorce. They believe that if two people are very unhappy together, it’s better for them to separate and live happier lives apart. They also think that if someone is in a harmful marriage, they should be able to leave for their safety.

Arguments Against Divorce

Other people think divorce should not be allowed. They feel that marriage is very important and should last forever. They worry that allowing divorce could lead to more families breaking up and could hurt children who need both parents.

What Could Happen If Divorce Is Allowed

If the Philippines decides to allow divorce, it would mean that people who want to end their marriage could do so legally. The government would have to create new laws to explain how divorce would work and to make sure that children and both partners are treated fairly.

In conclusion, the idea of allowing divorce in the Philippines is a big topic with strong opinions on both sides. It’s important for people to talk about it and think carefully about what is best for families and for the country.

500 Words Essay on Legalization Of Divorce In The Philippines

Introduction to divorce in the philippines.

In the Philippines, the topic of divorce is a big deal. Right now, the country does not allow divorce, which means that if two people get married, they cannot legally end their marriage through divorce. This is different from many other countries where divorce is allowed and is a common way to end a marriage that is not working anymore.

What is Divorce?

Divorce is when a husband and wife decide to end their marriage through legal means. It is a way for people to stop being married when they feel that they cannot be together anymore. In places where divorce is allowed, it is a process that the court handles to make sure everything is fair, especially when it comes to taking care of children and sharing property.

Arguments for Legalizing Divorce

Some people in the Philippines want to change the law to allow divorce. They say it is important because sometimes marriages can be really unhappy or even harmful. For example, if one person is being mean or hurting the other, it might be better for them to separate. Allowing divorce could help people leave bad situations and start fresh.

Another reason is that people change over time. What if they find out they are not a good match anymore? Divorce could give them a chance to find happiness with someone else. Also, for those who are separated but not legally divorced, it can be hard to move on with their lives, like getting remarried or even just being able to make big decisions on their own.

Arguments Against Legalizing Divorce

On the other side, some people in the Philippines do not want divorce to be legal. They worry that it might break families apart and could be bad for children. They believe marriage is a promise that should last forever, and facing tough times is part of it. They also think that the current laws, like annulment, which is a way to say the marriage was not valid from the start, are enough to handle situations where a marriage needs to end.

Right now, the Philippines offers annulment and legal separation. Annulment is a long and costly process that says the marriage was never right from the beginning. Legal separation allows couples to live apart and divide their property, but they are still married in the eyes of the law. This means they cannot remarry.

The legalization of divorce in the Philippines is a topic that gets people talking. It has supporters who believe it can help people in bad marriages and opponents who worry about its effects on families. As of now, there is no divorce in the Philippines, but the conversation about it continues. It’s important to think about what is best for people’s happiness and safety when discussing this topic. Whether or not the law will change is something that only time will tell.

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Should Divorce be Legalized in the Philippines?

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AJHSSR Journal

Repeated family transitions raise the likelihood of adverse child outcomes, and parental separation and divorce can transform the family structure from a two-parent biological family to a lone parent or stepfamily status. Although divorce is permissible in Islam, it lays great emphasis on its being a concession and measure that must be resorted to only when there is no alternative. The purpose of this qualitative multiple case study is to describe the experiences of Muslim Families in Southern Philippines in Islamic Divorce. In this study, divorce practices were explained in detail to acquire a comprehensive understanding of how the Islamic law of divorce functions. This also describes how the couple arrived at their decision of having divorce. Results revealed that introspection and contemplation, consultation with family members, decision to divorce, Iddah, and processing the divorce were the divorce practices. Determination, avoidance and redirection, settling issues with children, and counting on support mechanisms were the coping mechanisms. Divorce should be avoided, divorce requires careful and thorough deliberation, collateral damage is on the child and there is life after divorce were the insights learned.

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Like marriage, divorce has remarkable effects on individuals, family and society. Marriage performs many basic and social functions whereas divorce involves diverse social impact (both positive and negative) on the divorcees. In Bangladesh, divorce has not received significant attention from the research community yet, though both marriage and divorce are socially sanctioned that recognize the changing patterns of the most important institutions-family and marriage-in the society. In order to explore the adverse effects of divorce, a cross-sectional study was conducted in 2007 over Sylhet district (north-east part of Bangladesh) by applying 'Case Study' as method and 'Interview and observation' as data collection techniques with a sample of twenty divorced women. The study elicited that child marriage still occurs though the rate is not higher than that of before. Polygamy is increasing at high rate resulted from the exercise of modern norms and values, satellite culture, professional and occupational diversity, reconstitution of nuclear family breaking down the joint family, poverty, and the like. Divorce rate is steadily increasing and its social effects are many and multi-facets. Women are the primary victims who carry most of the instantaneous consequences of divorce and ultimately pay most of the costs of its adverse effects.

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Divorce should be an option

The House of Representatives committee on population and family relations approved the absolute divorce bill which allows it to proceed to plenary for debate. This is the closest we have come to finally allow people to have full freedom to decide on the course of their relationships. As a predominantly Catholic nation, this understandably will cause fierce arguments and culturally entrenched righteous indignation. However, as someone who works with families, let me offer some points on this issue.

If you as a couple do not want to consider divorce in your marriage, you don’t have to. Legalizing divorce does not threaten harmonious families. People who are happy and content within their marriages will not suddenly rush to get one just because it is available. If you worry that your spouse will divorce you the moment it becomes legal, then you have much more important things to worry about in your relationship. It can, however, save the lives of many victims of domestic violence (mostly women) and allow people to determine their own lives.

Not allowing divorce as a legal option is like not allowing emergency exits in a building. Imagine there’s a fire but the building owner didn’t put in emergency exits because he “does not believe in it” and that you were expected to keep managing the fire, not escape it. Imagine still a building infested with toxic mold but that you were not permitted to evacuate because others couldn’t fathom why you don’t have the willpower to tough it out. Most people hopefully will not need to use emergency exits in their lifetime. And you’ll be glad it’s there when you need it.

Divorce can also be a protective tool against domestic violence, which is the strongest reason why it should exist. In other countries, they found a significant reduction of spousal conflict and extreme partner violence once divorce was an accessible option. When you know that your spouse has legal rights to leave, you are disabused of the notion of your spouse as property and less likely to mistreat them. Domestic violence also takes up a significant portion of reasons for divorce, around 25-50 percent in other countries. By refusing to provide this option, you are condemning victims of domestic violence to a lifetime of hell. Not having access to options can also turn into desperation—leading some individuals to consider a lethal option.

Even without the threat of domestic violence, we should consider the natural course of intimate relationships. You can only realistically commit to a set of behaviors, not a set of feelings. You cannot genuinely promise to make someone happy. You can, however, promise to not have sex with anyone else (you can still break this promise, of course, but it is more than possible to keep). Feelings, by nature, are temporary. They can be lost and regained. They can strengthen and fade.

Love is both a feeling and an act. Love, as a feeling, can change. I do not know which Hallmark writer decided that love should be forever. The act of loving, however, is within your control and something you can choose to commit to. By accepting the nature of feelings, we must accept the possibility that we might lose the feeling of love for our spouse despite our best intentions. The act that follows this loss—whether it be active efforts to rekindle the lost feeling, redefining the marriage as platonic mutual respect, or acknowledging that the marriage is over—can still be done in a loving way. The best way to shield children from the harmful effects of separation or divorce is for both parents to commit to respecting each other and to still care for each other as co-parents. Ironically, couples who do acknowledge the wax and wane of romantic feeling are much more likely to stay together because they do not take each other for granted and make repeated intentions to stay. They also tend to be more generous and less calculative during separation and genuinely wishing each other happiness.

Divorce is not the killer of happy marriages. It is simply a life raft for people drowning in a marriage that’s already long dead. If you want to ensure the success of a marriage, we should be providing couples with resources and support to help them better adapt and not simply mandate them to stay together. If you love someone, you don’t chain them to you; them choosing to stay is a greater sense of emotional security than locking them in a divorce-less marriage.

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A country where divorce is illegal: How the Philippines is attempting to allow legal separation

The philippines is one of the two countries in the world, apart from vatican city, that do not allow divorces. what explains its unique position, and what rights of separation exist at present.

The Philippines, the only country other than the Vatican where most married couples are not allowed to legally divorce, has taken a first step towards remedying the situation.

The lower house of Philippines’ Parliament last week passed a Bill to legalise divorce in the country. Representative Edcel Lagman, the Bill’s author, said: “As the only country in the world besides the Vatican where divorce is still illegal, this is a clear and resounding victory and signals the imminent liberation for Filipino wives who are entombed in toxic, abusive, and long-dead marriages.”

The Bill will go to the Senate in August, and will require presidential assent to become law. Lagman said its passage in the House of Representatives “signifies a significant shift in societal attitudes towards marriage and relationships”.

Similar legislative attempts have failed earlier. What explains the Philippines’ unique position on divorce, and what rights of separation exist for married couples at present?

Why is divorce not legal in the Philippines?

It has to do with the religious composition of the population and the outsized role that religious institutions play in influencing views on social issues. According to the 2020 Census, Roman Catholics account for 78.8% of the household population, which is among the highest in the world in terms of percentage.

Muslims (6.4%) are the second-biggest group. Notably, Muslims have the right to divorce as they are governed by Sharia law in personal matters.

What does Catholicism in the Philippines have to do with divorce?

For traditional Christians, specifically Catholics, marriage is seen as a sacred commitment made not just to a spouse but to God and society. Married Catholic couples may separate in some cases, but they cannot remarry in church.

Henry VIII of England (1509-47) famously broke from the Catholic Church and appointed himself Supreme Head of the Church of England after Pope Clement VII refused to allow the annulment of his marriage to Catherine of Aragon so that the king could marry Anne Boleyn.

Over the centuries the Church has relaxed its position in most parts of the world — barring the Vatican, the seat of the Pope. Countries such as Spain, Argentina, and Ireland, all with large Catholic populations, allowed divorce in the 1980s and 1990s.

The case of the Philippines is unique. Before colonisation by Spain in the 16th century, divorce was an acceptable practice in the islands. Divorce was allowed subsequently too, during parts of the American colonial period (1898-1946), and the Japanese occupation (1942-45).

In modern Philippines, however, politicians, the Church, and much of the population strongly backed a ban on divorce. Sociologist Jayeel Cornelio of Ateneo de Manila University told The Economist in 2020 that the slight decline in the influence of Catholics over the country’s politics and lawmakers had been “offset by the growing importance of various Protestant sects” who hold strong views against divorce, abortion, and same-sex marriage.

So what rights of separation do Filipinos have now?

Divorce is not allowed — but legal separation and annulment of marriage is. The former allows parties to live separately but does not end the marriage, which means neither party can marry again. In an annulment, the marriage is declared void — as though it never happened.

Grounds for separation include physical violence or grossly abusive conduct and marital infidelity; the grounds for annulment are insanity, fraud, force, intimidation at the time of wedding, etc.

These grounds have to be proven in court, and the legal remedy is costly and could take years. Women in bad marriages could continue to face domestic abuse, and their legal documents and assets may stay linked with their husbands’ even after separation.

What does the Bill propose?

The Bill stipulates the grounds for “absolute divorce”, which include psychological incapacity, irreconcilable differences, domestic or marital abuse, etc.

Petitioners can approach a family court, which will give a mandatory 60-day cooling-off period in certain cases, if there is scope for reconciliation. If the petition goes ahead, it must be decided within a year.

“The decree of absolute divorce shall have the effect of judicial dissolution of a marriage where the divorced spouses return to their status of being single with the right to contract marriage again,” the official Philippine News Agency (PNA) reported.

Could the Philippines make history, then?

The proposed Absolute Divorce Act passed in the House 131-109 with 20 abstentions, PNA said. In the past, however, similar Bills have failed to progress beyond a point.

In 2018, after one such Bill passed the committee level at the House of Representatives, a senior Catholic clergyman said: “Divorce is a direct affront to the law ordained by God and specifically reiterated by our Lord Jesus Christ!” The Bill ultimately failed in the Senate.

This time, some local surveys have shown about half the population to be accepting of divorce — a higher percentage than earlier. Current President Bongbong Marcos has extended his qualified support to divorce. “There are cases where it (the marriage) can’t really be worked out… But let’s not be like other places where getting a divorce is so easy,” he had said during his 2022 campaign.

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Hearing Both Sides Of The Debate: Legalizing Divorce In The Philippines

Posted by Joanna L | Aug 25, 2019 | Love & Relationship | 0 |

Divorce has always been a controversial issue in the Philippines — or maybe even the world. Terminating a sacred union is still a crucial and complicated decision for both the church and the state. Moreover, several groups and organizations in the country are on both sides of the debate, slowing down the transition of the Divorce Act of 2019 into law. 

The masses are still not ready to make a decision, so the question looms: should the Philippines legalize divorce? Let’s take a look at what the public has to say.

No To Divorce

Some Filipinos are entirely against divorce because of their religious beliefs, while others cite Filipino values and culture as another reason why a man and a woman shouldn’t terminate their marriage. 

The Catholic Church itself condemns the existence of the Divorce Act of 2019, saying that it’s unconstitutional, anti-family, anti-children, and against Christian faith. More than 77 Catholic organizations have joined together to oppose the bill on divorce, influencing a vast number of Catholics to host multiple rallies.

Surprisingly, President Rodrigo Duterte also expressed his honest disagreement with the Senate on the divorce bill, letting former Presidential Spokesman Harry Roque share his sentiments: “He said the children would be pitiful if there will be divorce…And if there will be divorce, the abandoned spouse will lose the right to file cases against their spouse.”

Other public figures and prominent groups that also voted ‘no’ to divorce are the ALLiance For The Family Foundation Philippines Inc., Senator Joel Villanueva, and the Jesus Is Lord (JIL) Movement (led by Bro. Eddie Villanueva). 

Yes To Divorce

Meanwhile, Filipinos who strongly believe that divorce should be legalized in the Philippines claim that the bill is “pro-women legislation”. They see divorce as the best exit for Filipinos experiencing domestic violence, abandonment, and adultery — since annulment and legal separation aren’t enough to save them from the consequences of a failed union. 

Senator Risa Hontiveros, the former representative of Akbayan in the House of Representatives, is one of the leading figures behind the divorce bill. She’s also known for her contributions in the controversial Reproductive Health (RH) law and SOGIE Equality Bill. Hontiveros is the principal author of the proposed Divorce Act of 2019. And just this year, she refiled a bill that will allow an absolute divorce in the country. 

“It’s time that we give Filipinos the chance to free themselves from abusive, loveless and unhappy relationships, and to help them find love and start all over again,” Hontiveros said in a recent interview. 

Strengthening the divorce bill is a recent survey conducted by the Social Weather Stations (SWS). The survey revealed that “53% of adult Filipinos nationwide support the legalization of divorce for irreconcilably separated couples.” The sample population all came from the country’s three main island groups, SWS confirmed that the “net agreement with the proposition was highest in Metro Manila at very strong +35, followed by moderately strong in Balance Luzon at +23, Mindanao at +15, and Visayas at +14.”

Aside from Hontiveros, other public figures and prominent groups that are also open with the idea of divorce include Senator Grace Poe, the Divorce Advocates of The Philippines (DAP), and Gabriela Women’s Party. 

The Philippines, at the time of writing, is one of the few remaining countries where divorce is still illegal. Married Filipino couples have an option to go through an annulment or legal separation.

The state has yet to decide if the divorce bill would be made into law, so while the Senate and the House of Representatives are at it, make sure to find some private and public lawyers at Rakuboss.com that can help you move forward if you have marital problems that requires legal action.

About The Author

Joanna is a scriptwriter, content writer, and copywriter based in Manila, Philippines. She enjoys reading Young Adult fantasy and historical fiction novels during her spare time.

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‘Divorce is an option’: Why personalities believe legal separation saves lives

L egal separation has been a recurring hot debate as celebrities and online users express their support for the ratification of absolute divorce in the Philippines.

Actress and daughter of late Filipino rapper Maxene Magalona spoke up on the legalization of separation in the Philippines via Instagram on Saturday, stating that “if couples who hate each other decide to stay and force to make the marriage work, their toxic energy will break and destroy the family even more.”

In her post which she started with quote “Stay for the kids”, the actress said that she believes that legalizing divorce would not only allow a couple’s freedom from a marred marriage but could also benefit children.

She also accompanied her post with a photo of her younger self.

“Whether we like it or not, children who are raised in dysfunctional and toxic homes will struggle with mental health issues when they grow up,” Maxene said.

“It’s time for the Philippines to heal. Please legalize divorce so that the broken and wounded families can have the chance to be free from pain and suffering and finally have inner peace,” the celebrity concluded her post, with hashtags “ #WeDeserveDivorcePH ” and “ #1111″.

Maxene married her ex-husband Rob Mananquil in 2018 and confirmed their split in December 2022.

Online user and legal Attorney Darwin Tenaja, also expressed a pro-divorce stance, saying that divorce is an option and not a mandatory law for every married couple.

“It is funny that those who oppose divorce are product of successful marriages and typical Filipino family settings,” he wrote on Facebook on May 28.

“Walay problema if dili ta ganahan og divorce, [It’s not a problem if you don’t like divorce] but let’s give this option to those who badly need it and give them access to affordable divorce, eapil nalang pod annulment [since it’s cheaper compared to annulment],” Tenaja shared.

The price range of settling for annulment (which declares the marriage null and void) would cost around P150,000 to P300,000, according to Respicio & Co. Law Firm .

The House Bill 9349 was created to pass the Absolute Divorce Law in the Philippines, however, it has yet to be personally signed by House Secretary Reginald Velasco.

Since May 22, the proposal to legalize separation of marriage has garnered 131 favorable votes, 109 anti-divorce, and 20 representatives have abstained.

What the opposing side says

Aside from the Vatican, which is a heavily Catholic nation enclave in Italy, the Philippines is the only country that has yet to legalize divorce. Once passed into law, it would disband any broken marriage under allowable circumstances, and permit the separated couples to remarry.

Beyond the Senate, other Pinoys– specifically those who are religiously inclined– have also shared why the Philippines should protect the sanctity of marital relationships above all else.

 “Kahit maipasa na ang divorce sa Pilipinas, hinding hindi ko ididivorce ang aking asawa, maybahay, minamahal na si Marie Gay (Even if divorce is legal in the Philippines, I will never divorce my spouse, my homemaker, and my love, Marie Gay),” devoted Catholic Grant Javier said on Facebook.

Another Facebook user, Jade Mark Capiñanes, jokingly said that he is against divorce as a spoof.

“Kahit maipasa na ang divorce sa pilipinas, hinding-hindi ko idi-divorce ang aking asawa, maybahay, at minamahal na si maloi (Even if  divorce is legal in the Philippines, I will never divorce my spouse, my homemaker, and my love, Maloi),” the online user quipped.

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Divorce in PH: 'Humanitarian imperative'?

The House of Representatives approved House Bill 9349, or the Absolute Divorce Bill, on third and final reading on May 22, sparking debates on whether the Philippines should remain as one of only two countries in the world without a divorce law.

The current Family Code in the Philippines only provides that married couples can only separate by three modes: legal separation, annulment of marriage, and declaration of nullity of marriage.

Under the proposed Absolute Divorce bill, the grounds for divorce will include all the grounds for legal separation, annulment of marriage and nullity of marriage with major additions, on top of allowing remarriage.

Grounds for Divorce under House Bill 9349

• Domestic or marital abuse as provided under the Anti-Violence Against Women and Their Children Act of 2004, without prejudice to the prosecution of the offending or errant spouse.
• Physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the [divorce] petitioner.
• Physical violence or moral pressure to compel the petitioner to  change religious or political affiliation.
• Attempt of respondent to corrupt or induce the petitioner, a common  child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement. 
• Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
• Drug addiction or habitual alcoholism or chronic gambling of the  respondent/
• Homosexuality of the respondent.
• Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
• Marital infidelity or perversion or having a child with another person other than one’s spouse during the marriage, except when upon the mutual agreement of the spouses, a child is born to them through in vitro fertilization or a similar procedure or when the wife bears a child after being a victim of rape.
• Attempt by the respondent against the life of the petitioner, a common child or a child of the petitioner; or abandonment of petitioner by respondent without justifiable cause for more than one year.
• When the spouses are legally separated by judicial decree for more than two years, either spouse can petition the proper Family Court for an absolute divorce based on said judicial decree of legal separation.
• The party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below 21, and the marriage was solemnized without the consent of the parents, guardian or person.
• Having substitute parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife.

• Either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife'
• The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife'
• The consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.
• Either party was physically incapable of consummating the marriage with the other, and such incapacity continues or appears to be incurable.
• Either party was afflicted with a sexually transmissible infection found to be serious or appears to be incurable.
• When the spouses have been separated in fact for at least five years at the time the petition for absolute divorce is filed, and reconciliation is highly improbable.
• Psychological incapacity of either spouse as provided for in Article 36 of the Family Code of the Philippines, whether or not the incapacity existed at the time of the marriage or supervenes after the marriage.
• When one of the spouses undergoes a sex reassignment surgery or transitions from one sex to another.
• Irreconcilable differences and other forms of domestic or marital abuse.

How is it different?

Under the existing Family Code, domestic or marital abuse or violation of Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 is explicitly stated as a ground for legal separation, but not in the annulment of marriage.

Likewise, the Family Code states that fraud as a ground for annulment of marriage only includes concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

The Family Code does not say anything about whether the concealment on the part of the husband of the fact that he impregnated a woman other than his wife at the time of the marriage should be considered a ground for annulment, legal separation or declaration of nullity of marriage.

In contrast, the divorce bill explicitly states that marital infidelity or perversion or having a child with another person other than one’s spouse during the marriage is a ground for divorce.

A petition for absolute divorce under House Bill 9349 must be filed with the proper Family Court by the petitioner or joint petitioners within 10 years from the occurrence or discovery of the cause for divorce or from the effectiveness of the Absolute Divorce Act, whichever comes later.

'Humanitarian Imperative'

House Assistant Minority Leader and Gabriela party-list Representative Arlene Brosas, one of the authors of the measure, described the passing of the bill as a "legislative milestone."  

“It is easy to paint Filipino families as perfect, devoid of any form of conflict and abuse. But in reality, many women face inequalities and violence that undermine the ideals of marriage. [And] many Filipinos, particularly women and children, are suffering due to the lack of affordable and accessible legal mechanisms to dissolve dysfunctional and harmful marriages," Brosas said,

"The passage of the divorce bill is not just a legislative milestone, but a humanitarian imperative," added Brosas.

Albay Representative Edcel Lagman could not agree more.

“Millions of Filipino women have been waiting for the enactment of this bill, considering that wives are the victims of toxic and destroyed marriages due to the cruelty, violence, or abandonment by their husbands,” Lagman said.

“It is important to underscore that the Philippines is the only remaining country which has not legalized divorce, except the Vatican, an ecclesiastical State with only about 800 residents, mostly nuns and priests,” Lagman added.

Lagman, the lead author of the divorce bill who defended the bill’s passage before the House plenary, has also been stressing that his proposed legislation is unlike the divorce laws in other countries, which he said provided for a quickie and "no-fault" divorce.

“What is unique about this bill is that it does not recognize quickie divorce, notarial divorce, the Las Vegas type of divorce which is no fault divorce [when you don’t need to cite a reason for divorce],” Lagman said.

The bill requires the Family Court to exercise all efforts to reunite and reconcile the concerned spouses during the "60-day cooling-off period" after the filing of the petition, except for grounds under summary judicial proceedings.

If the parties have yet to reconcile upon expiration of the cooling-off period, the court will immediately proceed to trial and is mandated to decide the petition within one year after the lapse of the cooling-off period.

Emotional, Financial cost

Still, these provisions do not change the fact that severing a marriage has emotional and financial costs. The authors of the bill recognized this and provided for a clause stating that it would reduce, if not wipe out, the financial cost. 

House Bill 9349 reads that a petitioner-spouse who has personal and real properties collectively not exceeding P2.5 million can apply as a court-assisted petitioner.

In the event that the application for classification as a court-assisted petitioner is approved, the Family Court will waive the payment of filing fees and other costs of litigation and will appoint a counsel de oficio for the court-assisted petitioner and assign such a number of social workers, psychologists, and psychiatrists, as may be necessary, from a pool of accredited social workers and practitioners recognized by the Department of Social Welfare and Development to assist the said petitioner and the court free of charge and assist the children of the parties.

But ultimately, shouldn’t parents instead stay together for the children?

The divorce bill maintains that having a divorce does not mean that the estranged couples seeking to end their marriage love their children any less because the divorce decree includes provisions for the care, custody, and support  of children, protection of their legitimate, termination and liquidation of the conjugal partnership of gains or the absolute community, and alimony for the offended spouse.

“Even as absolute divorce is reinstituted, the state has the mandate of strengthening marriage and family life by undertaking, among others, relevant pre-nuptial  and post-matrimonial programs and activities adequately funded by the government,” the bill read.  —VAL, GMA Integrated News

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Support for legalizing divorce strongest in NCR, weakest in Mindanao – SWS survey

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This is AI generated summarization, which may have errors. For context, always refer to the full article.

MANILA, Philippines – Support for the legalization of divorce in the Philippines is strongest in Metro Manila and weakest in Mindanao as of the first quarter of the year, according to the results of a Social Weather Stations (SWS) survey released on Saturday, June 1.

The SWS said in a statement that based on the results of the Social Weather Survey, these were the net agreement scores per geographical area during the survey period of March 21 to 25, covering the passage of the divorce bill at the House of Representatives .

• Metro Manila: “Very strong” +40 (63% agree, 22% disagree, 14% undecided)
• Balance Luzon: “Moderately strong” +20 (51% agree, 31% disagree, 15% undecided)
• Visayas: “Moderately strong” +20 (48% agree, 28% disagree, 24% undecided)
• Mindanao: “Neutral” +2 (42% agree, 40% disagree, 16% undecided)

A total of 1,500 adult respondents nationwide were asked whether they strongly agree, somewhat agree, undecided if agree or disagree, somewhat disagree, or strongly disagree with the test statement provided in Filipino: “Married couples who have already separated and cannot reconcile anymore should be allowed to divorce so that they can get legally married again.” 

The SWS said that when the test statement was first polled in May 2005, support for divorce was strongest in Balance Luzon and weakest in the Visayas. At the time, the net agreement score in Balance Luzon was at a moderately strong +11; Metro Manila, neutral +1; Mindanao, neutral -7, and Visayas, moderately weak -24.

SWS observed that net agreement on divorce was on a “downward trend” in Metro Manila “but stayed very strong from a record-high +49 in March 2023, to +44 in June 2023 and +40 in March 2024.”

The same goes for Balance Luzon and the Visayas. The SWS said that in Balance Luzon, the net agreement on divorce was at a moderately strong +28 in June 2023, and extremely strong +51 in March 2023. In the Visayas, the net agreement was at a moderately strong +20 in March 2024, which is slightly lower than the moderately strong scores of +21 in June 2023 and +27 in March 2023.

The SWS said public opinion on divorce has been on a “steady decline” in Mindanao, citing the “record-high very strong +41 in March 2023 to moderately strong +20 in June 2023,” to the neutral +2 in March 2024.”

50% of Filipinos support divorce

The survey found that 50% (28% strongly agree and 22% somewhat agree) of Filipino adults support the legalization of divorce for “irreconcilably separated couples,” while 31% disagreed (12% somewhat disagree and 20% strongly disagree, correctly rounded), and 17% were undecided.

The SWS said that the national net agreement score is a moderately strong +19, lower than the moderately strong +27 (55% agree, 27% disagree) in June 2023 and the record-high very strong +44 (65% agree, 21% disagree) in March 2023.

“Support for the legalization of divorce used to be split when SWS first surveyed it in May 2005: 43% agreed, 12% were undecided, and 45% disagreed, for a neutral -2. Net agreement rose to moderately strong +18 in May 2011 and very strong +31 in December 2014,” SWS said.

“It declined to moderately strong levels from March 2015 to December 2019 and neutral in September 2021 before rising to very strong +44 in March 2023. It declined to moderately strong levels in June 2023 and March 2024,” it added.

‘Very strong’ support among Filipinos with live-in partners

The survey also found that support for divorce is “very strong” among Filipinos with live-in partners.

“Net agreement with legalizing divorce was very strong among men and women with live-in partners (+40 and +39, respectively), compared to moderately strong levels among widowed/separated women (+23), men who have never married (+20), women who have never married (+18), widowed/separated men (+12), married women (+12), and married men (+10),” SWS said.

SWS said that in its first survey on divorce in May 2025, “net agreement with legalizing divorce was very strong among women with live-in partners (+48), and moderately strong among men with live-in partners (+23) and widowed/separated men (+19).”

“On the other hand, it was neutral among men and women who have never married (both at +9), widowed/separated women (net zero), and married men (-3), while it was moderately weak among married women (-10),” it added.

Of the 1,500 respondents in the SWS March survey, 600 were from Balance Luzon and 300 each in Metro Manila, the Visayas, and Mindanao.

The sampling error margins are ±2.5% for national percentages, ±4.0% for Balance Luzon, and ±5.7% each for Metro Manila, the Visayas, and Mindanao.

“The area estimates were weighted by the Philippine Statistics Authority medium-population projections for 2024 to obtain the national estimates. The survey items reported here were non-commissioned. They were done on SWS’s own initiative and released as a public service,” SWS said.

Divorce continues to be a divisive issue in the Philippines, one of two remaining countries in the world without a divorce law, along with Vatican City.

Anti-divorce lawmakers in both houses of Congress have said that they would rather support measures that would make the annulment of marriages in the country cheaper and more accessible.

Where do senators stand on divorce bill?

The House first passed the divorce bill in 2018, under the 17th Congress, but it languished at the committee level in the Senate. It again passed the divorce bill in March but the future of the measure remains uncertain in the Senate. – Rappler.com

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• Rappler Talk: Edcel Lagman on the push to legalize divorce
• [Just Saying] Let there be divorce
• ‘Moral victory’: Bohol bishop writes to lawmakers who voted vs divorce
• [OPINION] Is the Philippines ready for divorce?

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