Purposive Communication Research 6

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THE MODERN FILIPINO MINDSET ON DIVORCE AND SEPARATION

I. Background of the Study


Marriage, like all unions, is a contract, even if in certain situations, it is just
figuratively. If either party breaches the holds of the contract, then the other party has the
grounds to terminate the mutual agreement that both of them agreed upon. Now, imagine if
the ability to remove yourself from a breached agreement does not exist. You would have no
way of maintaining your dues and rights in the face of blatant contractual misconduct. That is
what the researchers believe to be the case when it comes to unhealthy marriages, and the
lacking ability to terminate them in the Philippine context. Divorce is defined in the broadest
sense as the dissolution of a marital contract or agreement between two people. It is a very
common legal practice all over the world, save for the Philippines, the Vatican City, and the
Isle of Sark, a feudal state in modern day Europe (Kaushik, 2013).

Divorce is often considered a taboo, when brought up in the context of the


Philippines. Being a Catholic-centric nation, the idea of breaking a sacred sacrament from
God is unthinkable. The elders and senior of the country would often say sentiments to the
effect of “Hayaan mo na” or “Tiisin mo na, gaganda din sitwasyon niyo”. As a result of this
blatant, individuals suffer from unhappy and at the very worst cases, abusive marriages,
unable to secede from the toxic relationships for fear of societal disgrace. Not to mention, the
distressing idea that he/she would be unable to restart his/her own life because of the very
common scenario where only one of the two in the couple work, and the other becomes a
stay-at-home husband/wife, thus they are unable to properly provide for themselves in the
case of separation..

Failed marriages are often the stuff that Filipino culture sweeps under the rug, and
rarely discusses, but as often with untouched subjects, it holds both merits and demerits. The
aim of the researchers for the study is to discuss the possible shortcomings that the idea of
divorce embodies, as well as the benefits it may hold to us as an evolving culture of people,
or at the very least, remove the stigma from the idea of discussing a cultural taboo like
divorce. Modern day Filipinos have shown not only the capability, but the initiative to stand
for liberal and open-minded ideas that were also once taboo. Calling out overt misogyny,
defending the honor and rights of the Filipino LGBT community and challenging the
misgivings of political leaders, just to name a few. The time is ripe to reconsider and
reevaluate the possible assets of divorce in the modern Philippine context.

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THE MODERN FILIPINO MINDSET ON DIVORCE AND SEPARATION

II. Definition of Terms


1. Divorce
- Defined as the legal and legitimate termination of a marriage by a court in a legal
proceeding (US Legal, n.d.)
- The most common type of divorce is the at-fault type, in reference to the fact that
there has been a marital misconduct or statutory violation from either party, thus
constituting that the divorce claim stands on sufficient grounds. Violations may vary
from extramarital affairs, any forms of abuse (physical, emotional, verbal), the
abandonment of a spouse without unclear motive and many more.
- In recent years, most states and countries have included a second type of divorce, in
addition to the at-fault type. This second type is called the no-fault. The name is in
reference to the fact that no one involved in the marriage actually committed any acts
against the other, or any violation to constitute the claim, but rather it is means that
the couple experienced irreconcilable differences or breakdowns that made them “fall
out of love”, figuratively speaking.

2. Annulment
- Annulment is defined as the declaration that a marriage is no longer valid between a
husband and wife.
- The baseline fee for an annulment case is at the very least, 200,000PHP and will the
processing will last at the shortest, 2 years and more commonly 3-5 years (iMoney,
2015)
- According to the 45th Article of Executive Order 209, sub labeled “The Family Code
of the Philippines”, there are only six (6) grounds for an annulment of a marriage,
those being:

a. A lack of parental consent if either of the two parties are over the age of 18, but
under the age of 21,

b. If either party was deemed psychologically inhibited, or of an unsound mind.

c. If the consent from either party was constituted from fraud and intended
misinformation

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THE MODERN FILIPINO MINDSET ON DIVORCE AND SEPARATION

d. If the consent from marriage from either party was legally confirmed to be from
undue force or coercion

e. If either spouse is unable to consummate the marriage, physically speaking.

f. If there are signs of serious and incurable sexually transmitted disease(s)

3. Legal Separation
- Legal separation is a legal process where two spouses remain married but live apart,
according to a court sanction.
- According to the 55th Article of the same Executive Order 209, sub labeled “The
Family Code of the Philippines”, there are ten (10) grounds that may invoke legal
separation:
a. Repeated physical abuse towards the petitioner or their child
b. Coercion towards the petitioner to change religious beliefs or political affiliations
c. Attempt of the respondent to coerce the petitioner or their child into prostitution
d. Final sentencing to the respondent to an imprisonment of more than six (6) years,
regardless of pardon
e. Dependence on drugs or alcohol
f. Lesbianism or homosexuality from the respondent
g. Invoking a bigamous marriage, be it here in the Philippines or abroad
h. Sexual infidelity on the respondent’s part
i. Attempt on the petitioner’s life by the respondent
j. Abandoning the petitioner for more than one year, without justifiable cause

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III. Significance of the Study


In our modern society, most millennials often see the idea of an inevitable marriage as
antiquated or something from the past. The youth or early adults of today prefer to focus on
their studies and career first, before anything else, and it can clearly be seen with the
declining rates of marriages per year. The annual registered marriages from 2005 reached
upwards of 500,000 per year, while in the years after it, 2006-2015 to be exact, it suffered
continuous decline, and in 2015, it experienced an all-time low of only 414,325 registered
marriages (Philippine Statistics Authority, 2017).

It should be noted that this decline is not exclusive to the Philippines. Americans also
share the unenthusiastic views on marriage. 34% percent of American adults aged 25-34
prefer to establish financial security before even considering marriage, while the same goes
for 20% of adults aged above 35 (Wang and Parker, 2014). This career centric mindset lends
itself against the ideas of marriage, simply because of the fact that the traditional idea of a
marriage represents a break: a pit stop in life that allows both spouses to reevaluate their
priorities moving on forward. With the presence of the “work hard, work harder” philosophy

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in today’s young adults, marriage just seems like an unnecessary lull in an otherwise
breakneck adult life. However, this does not constitute that the adults of today are
uninterested in marriage. In the same study, it is shown that ¼ of the “never-married” adults
are in fact living with a partner, and almost all have been in a relationship (Wang and Parker,
2014). Should divorce be passed as an official legislative bill, it will provide these very
opinionated and different people to have a figurative, and on some level, literal “out” on a
failing marriage, because as we can see, they consider the notion of “marriage” as ceremonial
and failing to recognize that they treat it the same as any other romantic relationship, it will
create circumstances where the country will have hundreds if not thousands of couples in
unhappy, irreconcilable marriages, in addition to those that we already have.

Speaking of the present number of unhappy marriages already, the Philippines is


teeming with these relationships, with varying causes ranging from infidelity on a spouse,
physical abuse, and even incompatibility, be that from the outright beginning, or if it
developed throughout the marriage. Should the divorce bill be passed, it will provide these
unsatisfied people with the ability to secede from their toxic relationships, in a way that
annulments, or legal separation can’t.

As mentioned above, annulments only provide solutions to marriages that were null
from the very beginning. The grounds it states are problems and issues experienced in the
first stretch or even before the marriage. Psychological incapacity, consent through coercion
or misinformation, or even unknown conditions from the start, like incurable sexually
transmitted diseases. In the same vein, legal separation as it stands is also lacking in most
regards. How legal separation works in the Philippine context, is that its grounds only cover
criminal offences, with the exception of the homosexuality clause. As mentioned earlier most
marriages today tend to fall apart not because of a violation or misconduct, but from the fact
that two very dogmatic and opinionated people find some irreconcilable and unfixable gap
between them. This causes them to grow apart and, through the fault of no one, fall out of
love. Not to mention the biggest downside of legal separation: neither of the two spouses are
allowed to remarry, as by law, they are still legally wedded. This proves that annulments and
legal separation s are little more than remedial measures, but what modern Filipinos need is a
supplementary method of correction, and the researchers believe that that measure is the
passing of the divorce bill.

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If published, this study can also serve as a good reference for students who are
looking into the topic, as the researchers had a difficult time of accessing materials relevant to
the study in their time writing the paper.

IV. Statement of the Problem


The problems and conflicts that are present in the study are two-fold. The first
category revolve around the problems that disallow, or disable divorce from being legalized,
and the second are the problems that arise from the legalization of divorce. The first and
biggest of the first fold, in the researcher’s opinions, is the decades-worth of conditioning that
came before our generation. This refers to relentless desire to work out toxic and, at worst,
abusive marriages. This mindset comes from out deeply rooted Catholicism, and the fact that
matrimony is one of God’s seven sacraments, there have been numerous generations of
Filipinos against the very idea of being able to abolish a sacred bond formed between two
people. There is merit to working out troubled relationships, in the fact that this often
strengthens the bonds between the two people, and it becomes a badge that the couple wears
proudly, but in certain severe cases, like serial infidelity, constant domestic abuse, and other
“at fault” types of offenses, the marriage should be left immediately. The second problem in
the first fold is the heavy and influential presence of the Catholic Church in our society.
When the church calls, the people follows, and it is almost public knowledge of how adverse
the Church is when it comes to legislations that act against accordance the teachings, much
less a fundamental sacrament like marriage. Take the Reproductive Health Bill, for example.
It is a well-known fact that the Church heavily advocated against the enactment of a bill that
would lessen teen pregnancies, and would greatly inhibit the transmission of sexually
transmitted diseases, all on the grounds that an unborn fetus is considered as alive and should
have the right to choose. This argument only compasses one aspect of the then RH Bill, yet
the Catholic Church went all out against it, even displaying the names of politicians that are
for the RH Bill, and advocating the Catholic people not to vote for them. When such a widely
recognized organization calls against a certain act by the government, it is almost assured that
its followers will also advocate against their adversary. Aligned with our crippling and
blinding regard for all things “holy”, when the opposition for divorce comes, they will come
in full force

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The second tier of problems revolve around the issues that may arise after divorce has
been legalized. These include already present issue in political states with divorce, and are
mostly sociocultural aspects that became compromised once the termination of marriage
became an option. The first of these second-tier problems is the notion that the classical idea
of “family” will die out. This is a very common argument against the legalization of divorce
and does prove a good point. If marriage, the supposed iron bond between two people, can
simply by dismissed with the flick of a signature, how will the “family” the cornerstone of
our sociocultural society survive, if that cornerstone is compromised and lacking? The second
of these problems is the supposed negative effects of a divorce in a child’s upbringing. At
times, the divorced couple may already have a child or children, if so what will be the effects
of the divorce on the children’s psychological and emotional upbringing? Will there be any
way to mitigate it? The last of these second-tier problems regards the millennial society in
general. As established earlier, the millennials of today do not consider nor acknowledge
marriage as the once established sacrament of holy union, rather it becomes just another step
to take, and at times, an unnecessary one at that. Paired with this disregard for marriage and
the hypothetical presence and legalization of divorce, will marriages even matter in the long
run?

In summary these are the problems present in the study:

a. Problems surrounding the legalization of divorce.


1. Will the deeply rooted, Catholic-centric mindset allow us to see the benefits
and intrinsic worth of legalizing divorce?
2. Will the hyper-prevalent presence of the Catholic Church even allow the
legalization of divorce, especially when it acts against the believed virtues
present in the holy texts?
b. Problems revolving around the sociocultural effects that divorce may cause,
should it be legalized.
1. How will the sociocultural aspect of our community thrive, if the cornerstone,
the “family” is compromised and lacking?
2. How will divorce affect a child’s psychological and emotional upbringing, if
the perceived atmosphere that divorce brings is one conducive to delinquency
and rebellion?

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3. When paired with the millennial mindset of “work hard, work harder” and the
presence of a possible exit from a marriage in divorce, will getting married in
this day and age even matter in the long run?

V. Conceptual Framework

INPUT

PROCESS
Data collection through electronic

survey

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OUTPUT

VI. Review of Related Literature


1. How Much Do Annulments Cost In The Philippines?
- In this article by the finance guru website iMoney, the article tries to gather a baseline
fee for the needed processes in an annulment, to be used as a reference for people
entertaining the notion of possibly getting one in the future. It bases its claims on the
word of various legal counsels who have experienced attending to an annulment case
first hand.
- Atty. Kitzi Purugganan, Atty. Joyce Domingo-Dapat, and Alexander Llanes Acain Jr.,
all legal counsels, save for Acain who is a managing partner at a law firm, lists the
following as necessary fees in an annulment case:
a. Filing fees: 10,000PHP- Refers to the filing process with a regional trial court.
10,000PHP is what it usually costs if you have no property to split with your
spouse, which is rarely the case.
b. Acceptance fees: 100,000PHP- This is the fee that a law firm charges to take on
your case. A small firm usually charges this amount, but a well-known firm can
charge to upwards of 300,000PHP.
c. Pleading fees: 5000PHP-10,000PHP (100,000PHP)- Pleadings refer to the forms
and documents submitted in court, like pretrial briefs and judicial affidavits. One
is expected to have at least 10 of these.
d. Appearance fees: 5000PHP-10,000PHP (70,000PHP)- Refers to the fees paid to
the counsel to show up at hearings. There will be at least 7 hearings in an
annulment case.
e. Doctor/psychiatric fees: varies- Since most annulments are made on the basis of
psychological incapacity, it will benefit to have certified psychiatrist to testify on
the petitioner’s behalf to strengthen their case.

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- All in all, the petitioner would need to prepare at least 200,000PHP, including the
psychiatric fees, but Acain states that this is just the baseline value. The petitioner
should prepare for this to skyrocket, as the case, pleadings and hearings go on and pile
up. This process can go on from 3-5 years.
- For reference, the article points out that in Malaysia, there is a joint divorce petition
that costs a third of the baseline price, 30,000PHP-60,000PHP, and it only takes six
months, at the longest.
- The researchers chose this article because it shows the inefficiencies of the current
measures present in the Philippine constitution, when it comes to marriage. For
reference, the average Filipino family only makes 267,000PHP per year (Philippine
Statistics Authority, 2016). Having the baseline fees at 200,000PHP not only
disallows people from a certain social class to avail of the service, it actively
discourages those who are thinking about the process. It makes them weigh their own
well-being and happiness against a value. It makes the victims ask the question of “Is
my joy really worth 200,00PHP?”
- This article also holds up under scrutiny because the facts said are from professionals
who have experience with annulment first-hand, being legal representatives who have
handled cases in the realm of their expertise

2. Reasons for Divorce and Recollections of Premarital


Intervention: Implications for Improving Relationship
Education.
- This is a study conducted on a pool of 52 divorced individuals by Shelby B. Scott,
Galena K. Rhoades, and Howard J. Markman, as a masteral dissertation for
Psychology for the University of Denver in Colorado.
- The study tries to ascertain the possible causes of divorce. It differentiates the causes
that strain the marriage, from the “last straw” or the final offense that hardens one of
the spouse’s resolve and makes them initiate the divorce.
- According to the study the offenses and causes are as follows:

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- The most common final offenses were infidelity, domestic abuse and alcoholism, but
the cause that put the most strain on a marriage is a lack of commitment. The
respondents say that a lack of heart in a relationship you are invested in is quite
disheartening, and also lowers your enthusiasm for the relationship. While the final
offenses are definitely more illicit in nature, they are more of an aftereffect of starting
the relationship with half of one’s foot outside the door.
- The researchers chose this study because it was a definite list on the roots of divorce.
While there is a tangible difference with the study being conducted in the USA, the
concept of love and marriage is one that transcends cultural barriers. A lack of
commitment, infidelity, alcoholism and domestic abuse are issues being experienced
in the Philippines and every other country.
- While the study’s goal is to prevent future divorces by retracing what went wrong in
most relationships, the researchers see its potential to be used as a benchmark for
seeing what causes a divorce most of the time. Its recent publication also implies that
the information being used and reported is recent and as accurate as possible.

3. Record Share of Americans Have Never Married


- This statistical information article is written and compiled by sociologists Wendy
Wang and Kim Parker, for the institution Pew Research Center, an organization
focused on research of political issues and social trend through social media and other
populous methods.

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- While one can easily dismiss the validity of social media as an information gathering
tool, the Pew researchers work hard to make it so that misinformation does not
infiltrate their results. Numerous moderators scour the respondent profiles to check
for account duplicates, dummies and bots.
- According to their findings, the “never-married” adults aged above 25 are as many as
ever. One-in-five adults aged above 25 (around 42 million people) have never been
married. The authors go on to state the reasons as to why, which include but are not
limited to: marriage at a later age, cohabitation without marriage, but the most
prevalent reason is that most Americans just don’t see marriage as a necessity in
modern society.
- According to their findings, 50% of people aged above 18 agree that a person is better
off prioritizing something other than marriage at the moment, while 46% agree that
one should prioritize marriage and establishing a family. Career, hobbies and one’s
livelihood are common answers from people who said to focus on something other
than marriage. Interestingly, the results tend to differ sharply as the respondents age
increase. Out of all the respondents aged 18-49, 60% answered that marriage is not an
immediate priority, while 55%of respondents aged 50 or above consider marriage as a
necessity.
- Another reason for this also stems from the fact that marriage at a young age isn’t
given as much importance as it was. It’s common for people to get married in their
late 30s and even early 40s. As mentioned earlier, cohabitation outside marriage also
became a common alternative for marriage, as new wave adults tend to put more
importance on the relationship instead of the ceremonial aspects of a marriage.
- The researchers chose this statistical piece mainly as supplementary information, to
highlight the fact that the decline of marriage is not exclusive to the Philippines.
- It also serves as a good reference for why people choose not to get married. The
conservative-liberal dynamic that US citizens have also echo the ones that Filipinos
also have. The older generation, filled with the knowledge and values of old
America/old Philippines, in contrast to the younger, more liberal generation stands in
opposition for most of the outdated values of the conservatives.

4. Divorce Law and Legal Definition


- This information piece was written and published by the general information website,
US Legal. The site’s goals are to familiarize regular citizens on various laws and
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legislations. While there is no credited author, the website seem to operate on


monolith logic, where all the pieces are written and published by the “US Legal”
persona.
- The article states that divorce is a legal termination of a matrimonial contract, and
states main types of divorce: at-fault, and no-fault.
- The at-fault type refers to a divorce petition filed under the claim of a criminal
violation, which include, but are not limited to domestic abuse, infidelity, coercion to
a change of religious or political belief or substance dependence.
- The no-fault type refers to a mutual filing of a divorce petition for irreconcilable
differences between the two spouses. No actual criminal activity has been committed,
it’s just that the distance between the two have grown wide and unfixable, thus
resulting in divorce.
- The article states that in the conclusion of an “at-fault” type of case, the plaintiff,
should their petition be found substantial, shall be rewarded certain amounts of the
defendant’s resources, salary and belongings, should they be unable to support
themselves in the outset of the divorce. This is referred to as an alimony. It is common
for the working spouse to support the other, in the common case of a housewife or
househusband.
- In the “no-fault” cases, the two spouses have often come to an agreement beforehand,
and the process need only the confirmation and approval of a judge.

5. The Divorce Process


- This article, written by the law information website Legal Zoom, explores the process
of divorce in its basest and simplest possible phrasing.
- The process, according the website is follows the following procedure:
a. Service of the Divorce Petition: This step occurs after a spouse, which will from
now be called a petitioner, files the petition for divorce. If the other spouse, which
will now be referred to as the respondent agrees and is conducive to the
circumstances present, they only need to sign an acknowledgement receipt,
signifying that they agree to the civil action. If the respondent chooses not to sign
the petition, or becomes difficult to deal with, the petitioner can hire a service
professional to locate the respondent and make them sign the acknowledgement.
b. Response to the Petition: This proceeding step involves the respondent. If they
agree to the terms of the divorce, then the process should go on without a court
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hearing, which would greatly delay the finalization of it. If the respondent is
unable to respond after 30 days, the petitioner can request for the petition to enter
court.
c. Finalization of a Divorce: Should a trial be pursued, the terms and conditions of
the divorce will be settled there, possibly with great bias against the petitioner
who avoided the petition and is the cause of the trial in the first place. If the
petition was acknowledged by the respondent and agreed to file a joint petition,
then it will be proceeded with a civil settlement case where the terms and
conditions are discussed and finalized. The terms include property settlements,
setting up alimony payments, along with child support if that is present in the
circumstances. The result of the settlement or the trial will be final, and cannot be
changed.
- The researchers chose this piece as a reference for the process of divorce, because of
the different variations of the legal practice all over the world, and by introducing a
barebones and basic system such as this one, the researchers will be able to present
their thoughts on the matter without being hampered by state-specific legislations,
which has the possibility of being inapplicable and unusable in the Philippine context.

6. The Negative Effects of Divorce on the Development of


Children
- This is a study conducted about the negative effects of divorce on the behavior of
children by David Hawkins and Karen Lloyd as a dissertation and theses for doctorate
purposes in Portland State University.
- According to the study, not all children whose parents are divorcing experience
negative behavior problems. Children are perceived by their parents to have more
problems as a result of divorce. These complications include health problems,
interpersonal problems, and school related problems.
- Occasionally, children were noticed to exhibit clinging behavior towards their
noncustodial parent, fearing he/she would not return. The effects of divorce more
likely to be demonstrated by one child in family rather than by all the children, when
one person is victimized to the benefits of others, the term “scapegoating” is often
applied. According to Logically Fallacious, it is an unfairly blaming an unpopular
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person or group of people for a problem or a person or group that is an easy target for
such blame.
- When a couple separates, it is often traumatic for one or both parents. It is possible
that they become so involved in their own problems that it is hard for them to
recognize their children’s needs.
- According to the researchers, for preschoolers’ children ages 7-13, their parents is the
center of their universe. They need a lot of attention, care, love and confirmation from
them. As a result of the divorce, the effects on children are negative emotions like
bitterness, stress, emotional pain, anxiety, fear, feeling abandoned, feeling betrayed
and loss of self-esteem they might become even more dependent of their parents.
They feel betrayed by their divorced parents. They feel they have to take care of
themselves, to take things in their own hands, which can lead to twisted
interpretations of independence, such as rebellion and delinquency.

7. Average Family Income in 2015 is Estimated at 22 Thousand


Pesos Monthly (Results from the 2015 Family Income and
Expenditure Survey) / Philippine Marriages: 2015
- For this one, the researchers decided to combine the two into one review, for virtue of
the fact that these two are statistical reports conducted by the Philippine Statistic
Authority, in order to gauge a general consensus regarding the two topics at hand,
Income and Marriage.
- The researchers chose these two because of their recent publication, ensuring the
accuracy of the information used. Had the PSA publish a more recent report, the
researchers would’ve used those instead.
- The first report presented information regarding the marriage statistic, such as places
where most marriages occurred, month of most frequent matrimonial celebration, and
the segment where we focused on, the annual marriage count.
- The second report was about the general living conditions of Filipino families,
economically wise. The researchers used this statistic to justify the inane

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ridiculousness of the insanely priced baseline fee necessary on most annulment cases,
the only way to secede from a marriage in the Philippines.

8. Philippine poor pay the price for divorce ban.


- This article published by ABS-CBN news last March 28 2018, written Ayee Macaraig
and Agence France-Presse, explores the consequence of lacking a divorce bill present
in the current roster of legislations.
- According to Lower House Speaker Pantaleon Alvarez, it is the common Filipino
couple that suffers from the lack of divorce, because as mentioned earlier, the
annulment process costs a MINIMUM of 200,000PHP, and in Alvarez’s case
reaching 1,000,000PHP, triple of what the average family makes today.
- Alvarez considers the lack of divorce as a “badge of stupidity” and heightens how
important it is that the people turn a blind eye to it, simply because of our deep rooted
Catholicism.
- The researchers chose this article because of its recent publication, ensuring the
validity of its claims, along with the fact that it is an acknowledgement of one of the
most glaring flaws in our constitution, both referred by a lower house speaker and
national party chairwoman.

VII.Methods and Methodology


The researchers will proceed with a mixed qualitative-quantitative survey in order to
gauge the respondents’ knowledge of the topic beforehand, as well as their thoughts on the
issue of divorce. The researchers chose to hybridize the method because they see the merit in
both finding the unique opinion of their respondents as well as the general yes/no queries. As
for the instrument, the researchers went with a Google Form survey, as not only will it ease
the information gathering process on the researcher’s part, but the allure of a Google Form
survey will also entice the respondent’s with its ease of use and accessibility.

More specifically, the researchers will go through with a Google Form survey under
the rules of convenience sampling and snowball sampling. While the researchers wish to
cover a larger population and correspondence of respondents, the time allotted only allowed
for them to approach the respondents most convenient and ask to pass the survey. This isn’t
entirely detrimental, as the goal of the survey was to gauge the general opinion on the issue of

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divorce, and being able to snowball into such a large respondent will allow us to come
through with an even more accurate measure.

Regarding the survey itself, it will be important to find if the respondents have prior
opinions on the topic and evaluate as to why they have it. The researchers will also ascertain
if the respondents have a plan to get married in the future, or establish a family, but this
question will be nuanced with a pairing of queries regarding an evaluation of a failing
marriage, and the assessment of whether the respondents would rather have a good spouse or
an established career first. Finally they will ask a question of whether they will be opposed
against a divorce bill being passed. In the researcher’s opinion, this will not only measure the
respondent’s final deliberation on the issue, but it will also inform the researchers of the
general acceptance of the notion of divorce as a whole.

As for the maintenance of research ethics, the researchers were unable to meet with
the respondents in person, due to the nature of the research instrument. However, the
researchers made sure to include a notification of informed consent before the survey. Should
the respondents wish not to participate, it was well within their rights and could’ve pulled out
of the study.

VIII. Scope and Limitations


The scope of the study is limited to the Philippines, since the Philippines is the only
country without prior legislation towards divorce. Even if the researchers wanted this to be
used as reference in the foreign context, the sheer fact that this legal conundrum is limited to
the Philippines will render the study as a reference, redundant.

To find a wider respondent pool, the researchers made sure to remove the limit of
geography in the data collection process. As mentioned earlier, the researchers used a Google
Form survey for the main data collection. This also has the added benefit of being accessible
by internet, which is a commodity and is present in the entirety of the Philippines. Since the
point of the survey was to find and gauge the general opinion on divorce and marriage, the
researchers made it so that the survey catered all the possible questions that were relevant to
the study.

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The limitations of the researchers always comes back around to a lack of respondents.
They were able to gather a total of 28 respondents for the study, an admirable effort, but not
nearly enough, and because of the time allotted, the researchers could not optimize the study.
Since the researchers are just students, their resources are limited as well. The researchers
could not make use of paid respondents, or private statistical offices for data. Also, since they
went through with a convenience and snowball method of sampling, the respondents are also
peers, or mutual peers, thus limiting them to the age of at least 25. While not entirely
discounting the validity of the data, the study is unable to gauge the actual public opinion.

Finally, the biggest limitation that the researchers encountered was the fact that there
were little to no precedent for divorce in the Philippines. Yes, while there are talks of
legalizing the practice, data-wise, the options were few and far between. This is the reason as
to why the researchers had to resort to using studies conducted abroad, and related them to
the present situation. While not entirely equivalent, the situations present were congruent
enough to merit them being used.

IX. Findings
At the end of their survey period, the researchers were able to gather a total of 28
respondents for their electronic data gathering. Of those 28, eight people disclosed their
names, while the other twenty chose to remain unnamed. Below, listed are the results of the
survey:

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In the survey, the largest pool of respondents were aged 18, exactly 48.4% (13) of the
respondents, which was followed by respondents aged 19, making up 17.9% (5), then
respondents aged 17 which made up 14.3% (4), and with respondents aged 16 that made up
10.7% (3), and finally the respondents aged 14, 22, and 30 all made up 3.6% (1).

Of those 28, the eight who named themselves can be seen here.

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When asked if they had plans to get married in the future, the respondents’ answers
can be seen above. For the purposes of the research, the results will be tabled as follows:
YES, NO and SOMEWHAT, as those three segments exemplify the message that the
respondents wish to convey. In the table, the age of the respondents will also be listed, along
with their names if they disclosed that information.

YES SOMEWHAT NO
- Age 22, no name - Age 16, no name - Age 16, no name
- Age 18, no name - Age 16, Jules - Age 18, no name
- Age 18, no name Valencia - Age 19, no name
- Age 18, no name - Age 14, no name
- Age 18, no name
- Age 19, no name
- Age 17, Kristelle
- Age 18, no name
- Age 18, no name
- Age 17, no name
- Age 17, no name
- Age 18, no name

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- Age 30, James


Consignado
- Age 19, no name
- Age 17, Julie Ann
Massagan
- Age 19, Karizia
- Age 18, Ronamel
- Age 18, no name
- Age 18, John Patrick
Valeza
- Age 18, Bernadette
- Age 18, no name
- Age 19, no name

Do you want to get married in the future?

YES SOMEWHAT NO

Presented above is the chart of answers regarding the question “Do you want to get
married in the future?” The most notable answer is YES, compromising of 22 out of 28,
followed by NO, made up of 4 out of 28, and the lowest is SOMEWHAT, making up 2 out of
28.

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When asked the question of what the respondent will choose to establish first, a
marriage to a good spouse, or a good established career, an overwhelming 67.9% answered
that a good career is their first priority, which made up of nineteen respondents, while 32.1%
identified their priorities as getting married first and foremost, totaling up to nine
respondents.

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However when asked when dealing with a difficult relationship, another


overwhelming 79.6% chose to stay and fix the relationship, which totaled up to twenty two
people, while 21.4% chose to opt out and leave, along with the remaining six respondents.

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Listed above, are the answers that the respondents gave when asked the question of
“What are your first impressions on divorce?”

POSITIVE MIXED NEGATIVE


- Age 18, no name - Age 18, no name - Age 22, no name
- Age 18, no name - Age 19, no name - Age 17, Kristelle
- Age 18, no name - Age 16, no name - Age 18, no name
- Age 18, no name - Age 18, no name - Age 17, no name
- Age 18, no name - Age 17, no name - Age 19, no name
- Age 18, no name - Age 18, no name - Age 30, James
- Age 16, no name Consignado
- Age 17, Julie Ann - Age 19, no name
Massagan - Age 18, John Patrick
- Age 19, Karizia Valeza
- Age 16, Jules
Valencia
- Age 18, Ronamel

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- Age 18, Bernadette


- Age 14, no name
- Age 19, no name

What are your first impressions on divorce?

POSITIVE MIXED NEGATIVE

As the graph shows, the majority of the first impressions are mixed totaling at
fourteen votes, or 50% of the respondents, the general consensus being that divorce is
somewhat negative, since most of the respondents grew up in a Catholic household, but they
recognize the need for such a process, especially in relationships with abusive or toxic
atmospheres. The majority is then followed by the negative impressions which totals to eight
votes, around 29% of the total votes. The general consensus in this segment revolved around
the idea of commitment. If a relationship is so fragile that a conflict is enough to break it,
then was it even worth it from the start? There are also sentiments that echo the idea that
since they grew up in Catholic homes, they have always seen divorce as a negative. Finally,
the smallest segment in the graph is that belonging to the positive side. Totaling up to six
votes, or around 21% of the total, the general belief in the “divorce as positive” side revolves
around the idea that if a relationship is toxic, and abusive, there should be no other choice but
to secede and be free from those figurative chains that bind you. This side sees divorce as a
right, not a measure.

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When asked the question of whether they know someone who has been legally
separated or annulled, a vast 78.6% or twenty-two people answered that they did have an
acquaintance who was annulled or separated, while 21.4% or six respondents said they did
not know anyone who was separated or annulled.

Then, the researchers proceeded with a question testing the common knowledge about
divorce, annulment and legal separation, and whether the respondents were able to
differentiate the three, as when took on its surface level, the three might seem familiar, but in
actuality, the three are entirely different. Out of the 28, seventeen respondents said they can
differentiate the three, which totals to around 60.7%, while an even 25% or seven
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respondents said they can somewhat differentiate the three. Finally, a small 14.3% or four
people admitted that they cannot differentiate the three.

Finally, when asked whether they would be open for a divorce bill to pass, 57.1%
answered yes, which totaled to sixteen respondents, while the “no” and “maybe” sides where
present with an even 21.4% each, which totals to six respondents.

X. Analysis
Going in to the study, the researchers had the assumption that an overwhelming
number of the then prospective respondents would be totally against divorce, and its
legalization. As mentioned earlier, the researchers took into consideration the very Catholic-
centric mindset that the Filipino people have had, and are continuing to have. This blind
regard for everything the Filipinos consider as “godly” or “religious” is putting a serious
hamper on the ability of legislators to do their jobs. As mentioned, the Catholic Church came
in full opposition against the, at the time, near completion of the RH Bill, which would have
greatly reduced the risk of teenage pregnancies, along with the near elimination of STD
transmission. However, since the Catholic Church deemed that a fertilized egg cell is
something that is already sentient, they openly advocated against the legislation, even
marking politicians who have supported the legislation with the Church’s “wrath”, which
translates as call of open opposition towards those politicians, and marking them as immoral
(Mogato, 2008). This widespread influence that the Church has, along with the hundreds of
years that Filipinos have spent as devout Christians, creating a cultural identity that equates
Filipinos as god-fearing and god-loving people, is what gave the researchers the great

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assumption that their respondents would be greatly against divorce. However, as with what
was recorded in the analysis segment, the researchers were astonished with how different
their expected results were with the actual outcome.

Of the 28 respondents that they gathered, twenty or more than two-thirds of the pool
either acknowledged that divorce is a right, or at times, a necessity. This open mindset proves
that the younger generation of Filipinos, though instilled with the values of Catholicism and
Christianity, are keeping an open mind and seeing the situation from the perspective of
others. Not only in the youth, but the Filipino people in general are also becoming more
tolerant of liberal values that may go against any classical conservative beliefs. In a study
conducted by SWS last 2017, 30% of Filipinos “strongly agree” with divorce, while 23%
“somewhat agrees”, saying that divorce should be pursued if it was the last possible option,
totaling for 53% who are in agreement with divorce (ABS-CBN News, 2018). In the same
study, SWS states that a decade ago, 45% of Filipinos were against the idea of divorce. In this
example, we see the Filipino people become more accommodating of relatively inverse
beliefs.

However, despite the seeming support from the common man regarding divorce,
surely the Catholic Church would come out the woodwork to wreak havoc on the legislators
and supporters of the bill, right? Well, if recent reports are to be believed, yes. In a Facebook
post by Fr. Jerome Secillano, executive secretary of the CBCP’s Permanent Committee on
Public Affairs, last February, he maintains the fact that the Catholic Church is strongly
opposed on the idea of divorce. He says this as a clarification after Representative Edcel
Lagman made a claim regarding the Church’s looser stance on divorce (Aquino, 2018). The
narrative throughline throughout the Church’s stance on divorce all present a sentiment that
echoes the idea that if divorce is legalized, then the “family” would be weakened. Instead of
working through their problems, if a couple is presented with an “easy out” then the Church
believes that this will always be the case. While there is merit to this idea, the researchers
believe that the Church as an organization gives the individuals in these relationships way too
little credit. In the researcher’s survey, when presented with the question “If you were in an
unhappy marriage, with someone you thought of as “the one”, would you try to work it out,
or opt to leave the relationship?”, an overwhelming twenty-two out of twenty-eight answered
that they would try to work it out. This shows that while being open to liberal beliefs, the
most important aspects of conservative Filipino culture remains instilled in our generation.

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However, the biggest factor that may change the Catholic Church’s opinion on divorce may
very well come from the Catholic Church itself, and that is none other than the Holy Father,
Pope Francis. Pope Francis has been garnering support from liberal-minded individuals who
aren’t even Catholic, for spreading his message of love and acceptance. Pope Francis has
openly spoke in support of homosexuals, and welcoming them with open arms, along with
embracing individuals of other religions. Having a forward-thinking, liberal and open minded
person leading a global organization infamously known to persecute, segregate and oppress
people who don’t conform to their ideas, might very well be the start of a brand new era for
the Church. Last 2016, Pope Francis urged the Argentinian Church, saying that their priests
should embrace divorced couples, even praising a document that allows individuals with
“difficult family situations” to receive communion, when before, the Argentinian cardinals
infamously rejected to provide communion for divorced individuals. Not only that, but this
stance has given him much flak, but even so he believes that not only priests, but everyone be
more accepting of Catholics who are divorced and remarry (Feeney, 2015).

However, should divorce be legalized, there are surely adverse effects to be expected,
especially in the sociocultural aspects. One of these effects revolve around the Filipino
identity as a culture. Among other things, Filipinos are well-known to conform to the maxim
“blood is thicker than water” which basically lays out how important family is to our identity
as a people. Should divorce be legalized, not only will the foundation of future families
become weaker because of it, it will also serve as an option for already established families,
should the situation call for it. It is a double-edged blade with both blades aimed back at the
Filipino people. Surely, the classical notion of “family” will die out, to be replaced by
shallow and superficial units that may resemble the “family” of old, but will never live up to
its predecessor. This may seem like the situation, but again, the researchers believe that
Filipinos are giving themselves too little credit. As mentioned earlier, the results of the survey
conducted by the researchers conclude the fact that if the individual desires to work
something out, then they will seek to do so. The fall of the “family” is not a matter of when,
as most people believe, rather it is a question of if. As long as someone sees it fit for their
effort to be used as a way to hold together a family, then that family will survive, divorce be
present or not. This ideology also conforms to the very common adage in the Philippines that
states “if there’s a will, then there’s a way”. In the end, the deciding factor will always fall
down to the couple in the relationship, and no one else’s, certainly not from an inanimate
legislation.
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Another notable problem that may arise is the lowering of the already low counts of
marriages per annum. As reported by the PSA, the Philippines has suffered a continuous
decline in marriages since 2005. Back then, the annual count was well over 500,000
marriages per year, but as of 2015, the count has fallen to a mere 412,000. While not explicit,
the researchers believe that this is from the millennial ideology that places marriage as
something that may be achieved in the future, but isn’t a necessity. As presented in the
findings, when asked whether the respondents would prioritize a good career over a good
spouse, 67.9% of the respondents, or nineteen out of twenty-eight chose to prioritize a good
career. It should also be noted that a majority of those are aged below 20, belonging to the
“millennial” category despite being actually Generation Z. What matters is they share similar
predispositions towards marriage as the generation before them. In the USA, 50% of
individuals aged above 18 share the idea that a person is better off focusing things other than
marriage, like one’s career or hobbies (Wang and Parker, 2014). This focuses on the idea of
self-fulfillment, and the economic challenges of maintain a family. Regarding the first idea,
millennial mentality puts a great focus on individualism and egoism. It is important for
someone to find their identity outside the social group, or in this case, a relationship. It hangs
on the notion that a marriage should be a union between two complete people not a couple
that wants to be whole. This connects with the next one, that being the economic difficulties
of maintaining a family. According to the same study by Wang and Parker, 34% of their
respondents definitely aren’t going to consider marriage until they’ve secured financial
stability. The common theme between these two ideas is that it places great importance on the
self. Setting up yourself for financial security is a form of self-fulfillment, as it signifies
independence and capability to support yourself. However, despite this egocentric mindset
that most millennials and GenZ-ers have, it is not to say that they do not want to get married,
rather they do not want to get married at the moment, because of the reasons listed above.
While most millennials along with GenZ-ers, see marriage as somewhat unnecessary, it is
still something they want to pursue in the future (Wang and Parker, 2014). Also, according to
the researcher’s survey, when asked the question of whether the respondents wanted to get
married, the overwhelming answer was a yes, with some people who said yes, but with
certain conditions. Out of the twenty eight respondents, those who said they want to get
married accumulated to a total count of twenty six stated they do have some plan in the
future. This proves, that while not immediately which is probably causing the drop in
marriages per annum, the young adults of today are still interested in getting married, and this

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is a choice unaffected by the legalization of divorce, as the factors to consider do not involve
divorce at all.

Finally, the last query to consider when talking about to divorce: how will it affect the
children? Surely, the lack of support will drive the children to delinquency and rebellion,
stunting their emotional growth, possible scarring their psychological development for good.
Well, yes and no. While it is true that children of divorce often succumb to delinquency, only
a small amount actually end up rebelling, and that small amount is an extreme and those are
the children who are perceived by their parents as nuisances and problems, especially during
the separation process. To simplify, these children are often ignored and left to stew in their
own negative emotions, causing concentrated form of these emotions which manifest through
rebellion and juvenile delinquency (Hawkins and Lloyd, 1976). Children ages 7-13 often see
their parents as the center of their lives, so when left, the child often clings to the
noncustodial guardian for fear of abandonment (Hawkins and Lloyd, 1976). Deep-seeded
issues like this often cause repressed emotions to come bursting out on whim, or worse,
regress emotionally. What a child needs during these times is to feel like they are heard, and
to make sure that they don’t feel like they are the cause of the separation, while also making
sure that the child gets enough communication and interaction with the noncustodial parent. It
is also very important for the child to have a proper support system, somewhere they can vent
and let out their frustrations, along with any thoughts on the matter that they have. (FLO,
2014). This consistent type of support has been proven to help mend for a child’s misgivings
about the separation.

XI. Conclusion
In conclusion, the researchers believe that the time is ripe to reconsider legalizing
divorce. As stated, the Philippines is full of abusive and toxic marriages that no one can
secede from, as the only present way to terminate a marriage costs at least 200,000PHP, and
could take from 3-5 years, at the minimum, while the estimated cost for divorce is a third of
that price, while only taking an estimated 3-6 months, at the longest (iMoney, 2015). Not
only that, but Philippine society has never been more accepting of liberal ideas as it is now.
Public consensus is a huge advocate for divorce, with at least 53% condoning the practice,
either seeing it as a right, or something of a necessity, but either way, it is in support of the
practice (ABS-CBN News, 2018). While harder to appease, the Catholic Church is also more

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open to the practice, as Pope Francis leads by example and embraces even those who the
Catholic Church would consider gravely sinful (Crux, 2018).

Regarding the hypothetical sociocultural impact of the legalization of divorce, the


end-all be-all of it will always fall down to the individual. Whether the “family” becomes a
shallow shell of its former self is something only the individual can decide. Similarly, the thin
belief that divorce will end the ceremony of marriage especially when paired with the fact
that millennials and GenZ-ers don’t regard it as highly as generations before it, will fall to the
person. It has been proven that there is still demand for marriage, but since the “millennial
mindset” is more egocentric, this is often misconstrued as a total lack of investment in a
relationship, or marriage. Finally, when talking about the children it is important to be well-
informed. Not all children become total delinquents, however all children of divorce must be
given proper attention and support, as the crippling feeling of abandonment can plant deep
seeded psychological issues.

Many times before, people have often been on the wrong side of history, clinging to
old beliefs that no longer hold any value. The Southern States, during the American Civil
War, the Nazis during World War 2, and Japan at any point before the 1900s. The question
for you now is: will you choose to be on the right side of history now?

APPENDIX

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