Divorce in the Philippines: For Better or For Worse?

Peñaflorida, Ma. Abby Genevieve I.

Reading and Writing (COM 011)

Mr. Raffy Santos

November 29, 2019

Divorce in the Philippines: For Better or For Worse?

Should two people be imprisoned in the bondage of a marriage that is void of love?

Should children be caught in the crossfire and be victims of an unhappy marriage? Should

every member of the ‘family’ be subjected to live in a house that doesn’t feel like home

anymore? These kinds of feelings and situations are unfortunately commonplace in the

Philippines, and options to escape and lead a happier life aren’t too accepted in today’s

society.

It isn’t only technology, style, and trends that has evolved through time. This social

transition has also made the modern Filipino family embrace a more liberal and less

traditional way of life. In the words of Torres (2013) he supports the idea saying that:

In the traditional family structure, the relationship of a married couple is sustained

by the social and kin pressures, even though they do not feel anything

anymore towards their partner. Whilst in the modern family structure,

freedom comes with fragility and instability among the members. (p.13)

The Philippines, at present, is one of the only two countries in the world that is

against divorce, the other being the Vatican. To keep up with the changing times at the same

time break social and religious norms, perhaps it is necessary to legalize divorce in the

country.

For years, the issue on divorce has been a long-standing and controversial topic; one

that might even seem sensitive to some. Unknown to many, the history of divorce dates

back since 1917 when divorce was still legal in the Philippines, until the Civil Code of 1950

took effect and prohibited divorce for Filipinos. However, Muslim Filipinos have always
LEGALIZATION OF DIVORCE

practiced divorce and allowed by Philippine law under the provisions of the Code of Muslim

Personal Law of the Philippines. Passing the bill on absolute divorce in the Philippines give

each Filipino, Muslim or Christian, equal rights to a happy and nurturing marriage.

With Catholicism being the most prominent religion in the Philippines, it is no

surprise that our religious beliefs as a people has become the biggest obstacle of the

legalization of divorce. As Catholics, we subscribe to the view that Matrimony is a

“sacrament, a commitment to join together for life: to take each other to love and to cherish,

in sickness and in health, for better, for worse, until death do us part” (Skolnick, 1992).

Being Catholics, we see to it that the sanctity of marriage is protected.

In 1970, the Church lost its first fight against divorce when it was legalized in Italy

despite the strong opposition of the Vatican. As ironic as it may seem, it was succeeded by

Brazil (1977), Spain (1981), and Argentina (1987), which are all predominantly Catholic

countries. What makes our religious beliefs in any way different than theirs?

Mgr. Oscar Cruz, Archbishop-emeritus of Lingayen-Dagupan, says that "Being a

country where divorce is not legal is an honor that every Filipino should be proud of. Love

for the family is the heart of Filipino cultural identity and cannot be destroyed by divorce”.

But then if we rationally think about this, are unhappy homes something to be proud of?

Should we take pride in abused women and numerous mistresses just because “family is

the heart of Filipino cultural identity”? Is it fair to deprive loveless spouses the opportunity

to love and be loved?

Traditional Filipino morals emphasize the sanctity of marriage and the impeccable

importance of family. The Filipino value of tight-knit families may work both ways. While
LEGALIZATION OF DIVORCE

some are able to maintain a harmonious and joyful bond as a family, others may be forced

to stay with their partners for the sake of having the facade of a complete family.

While divorce may seem to be against the law of the Church, the law of the land says

otherwise. Under Article XV of the 1987 Constitution of the Republic of the Philippines,

there is no provision that goes against the idea of divorce. Rather, it is emphasized in

Section 2 that “Marriage, as an inviolable social institution, is the foundation of the family

and shall be protected by the State.”

The importance of passing the Divorce Law can be described as a monumental

leapfrog towards social justice and progressive national development for the Philippines

(Torres, 2013). Divorce has its benefits and drawbacks, but when all things in

consideration, legalizing divorce will prove better for the country in general.

Firstly, it is crucial to take note of the fact that while the Philippines gives an option

of nullification and void of marriage through annulment, it is a very tedious and expensive

process. If we actually put our minds into it, annulment is just a sugar-coated disguise to

divorce, as in a way, it can still ‘terminate’ marriage. Filing of annulment may be under the

grounds of psychological incapacity alone. Some issues that greatly affect a marriage such

as adultery and irreconcilable differences are not to be considered by the court when

considering annulment. Moreover, the whole process of annulment is very time-consuming

and costly; making it accessible only to the rich and famous who have the capacity to do so.

At present, it takes a minimum of Php 200,000 pesos to legally end a marriage. With over

20% of Filipinos living below the poverty line and do not even earn enough to serve food on

their tables, perhaps annulment is not even an option. A concept as socially biased as
LEGALIZATION OF DIVORCE

annulment can still be considered as a separation of marriage, that is, in all intents and

purposes, still synonymous to divorce.

Second, abusive and loveless relationships cause more emotional wounds to the

child. As it is a very costly and long-winding process, some may rather opt to have

extramarital affairs if they aren’t happy with their partners, resulting to children born out

of wedlock. As this becomes rampant, more illegitimate children are born; most of them are

deprived of the opportunity to have a complete and happy family. Moreover, growing up

without a mother or father figure may greatly affect the child. Perhaps in a way, it is better

for a child to see both parents separated but civil rather than being a ‘complete’ but

unhappy and abusive family. This will not only hurt both spouses, but at the same time,

wound the child because of the possible emotional trauma caused, making them much

more dysfunctional.

Finally, divorce gives every Filipino and Filipina a second chance in love and

happiness. With marriage being anchored in love and trust, what will sustain a relationship

when both of these aren’t missing? Passing the divorce law is our answer to the clamor of

those who live under unhappy roofs, those who are subjected to physical or emotional

abuse by their spouses, and even to those who mutually agree that they are better off on

different roads.

It is indeed high time for our country to progress, not only economically, but also

according to the needs of our people. It is a statement that we will be able to finally free

ourselves from the very conservative culture that we have and keep up with what we truly

want. We will be able to open the doors for public discussion of tabooed topics like that of
LEGALIZATION OF DIVORCE

divorce. But at the same time, it is important not to think about divorce as something easy

to get like a birth certificate from the PSA. But rather, it is a must to inculcate in the Filipino

people that once this is passed, it will only be established under certain grounds and

through due process, accessible to all.

In conclusion, take note of the view that as human beings, everyone makes mistakes;

and legalizing divorce provides a second chance, not to totally change the story, but rather

end the story in a way that fosters newer, better stories for the future generations to come.
LEGALIZATION OF DIVORCE

REFERENCES

Baldock, J., Manning, M., & Vickerstaff, S. (2007). Social Policy. London: Oxford University

Press.

Nunn, G. D., Parish, T., & Worthing, R. (1983). Perceptions of personal and familial

adjustment by children from intact, single parent, and reconstituted families. USA:

Psychology in the Schools.

Santrock, J., And Warshak A. (1979) Father custody and social development in boys and

girls. Journal of Social Issues, 8(2).

Simmel, G. (1950). The Sociology of George Simmel. New York: FreePress.

Skolnick, A., and Skolnick, J. (1992). Family in Transition. New York: HarperCollins.

Torres, L. (2013). Position Paper on the Divorce Law. Retrieved from https://www.academia.

edu/8433702/University_of_the_Philippines-Diliman_Prof._Jose_Bagulaya_Position_

Paper_on_the_Divorce_Law

Ursua, E. (2013). Why the Philippines need a Divorce Law. Retrieved from http://www.

positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-divorce-law
LEGALIZATION OF DIVORCE