Task 2 For BSHM 1A 7 STEP MORAL REASONING 2

Should divorce be legalized in the Philippines?
The Philippines is one of only two

countries in the world that does not allow divorce as a means to end a marriage. The other,
being the Vatican. Divorce is currently prohibited for Filipino Christians, but Filipino
Muslims can get divorced under Islamic law. This is because Muslim marriage falls under the
Muslim Code and not the Family Code. Divorce was allowed in the Philippines during the
Japanese and American occupations, and dates back to the pre-colonial period, during which
a number of ethno-linguistic groups practiced absolute divorce.
It wasn’t until 1950 when the Civil Code took effect that divorce laws in the country
were repealed. The Civil Code only allowed for legal separation and relative divorce, with the
exception of Republic Act 394 which allowed absolute divorce for Muslims who have
resided in the country’s non-Christian provinces for over 20 years. Several previous political
attempts legalizing divorce, including the 2019 Divorce Bill, remain unsuccessful because of
strong traditional family norms in the Philippines. Those in opposition to divorce view it as a
threat to the sanctity of marriage
With the exception of Muslims and Filipinos who marry a foreigner, married couples
in the Philippines must file a legal separation or annulment if they wish to officially terminate
their marriage. The former option only permits them to separate their possessions and live
apart, but their marriage’s legal validity remains intact. In contrast, the latter option dissolves
the marital union, allowing both parties to remarry another person. While the annulment is
the final destination for couples who seek freedom, for others, especially the working class,
the process can be very difficult. The grounds for annulment include fraud, impotence,
mistaken identity, or being under the legal age to marry. However, the legal processes for
seeking annulment are immensely lengthy and expensive: the processing time can range from
four months to four years.
Although the option of annulment is feasible, for most unfortunate and vulnerable
citizens, it is inaccessible. Only those with considerable means can afford it, which excludes
working-class women who mostly suffer most from abusive marriages. Without an option to
leave, they are forced to stay in a toxic marriage. Domestic violence also takes up a
significant portion of reasons for divorce.
While the Filipino government may believe that they are protecting the sanctity of
marriage, what’s disturbing in an unhealthy marriage is the normalization of abuse towards
women. A 2017 survey showed that one in every four Filipino women between the ages of 15
and 49 has been physically, emotionally, or sexually abused by her husband or partner.
Because of the culture of silence among women victims, many are embarrassed to speak out
about their horrific experiences, while others decide not to report due to a lack of faith in the
Philippines’ justice system. In the absence of legal divorce, the lawmakers in the Philippines
neglect to protect abused women and children. In a land without divorce, the majority of
married women are hesitant to file for annulment because they are financially dependent on
their husbands. It is too risky for women to divorce, especially if their children still need
financial support from them. This emphasis on protecting the sanctity of marriage over all
else also normalizes domestic violence, mostly suffered by women through verbal and sexual
harassment, and children through exposure to parents’ conflicts. Moreover, the absence of
divorce reflects lawmakers’ lack of protection to women suffering abuse with an inability to
escape from their horrible reality of marriage. The lack of legal divorce in the Philippines
worsens existing class and gender inequalities. With the current system, only the upper class
can afford the legal options to inquire about the dissolution of unsuccessful marriages, not to
mention the lengthy process required for legal separation.
In conclusion, my stand on this issue is that divorce should be legalized in the

Philippines. Marriage is a contractual obligation to provide love, respect, and support. The
parties must have recourse to divorce when there is no love, respect, and support in the
marriage. Divorce is for those who need it, nobody is forcing others to avail of divorce when
they do not want it. But for those who want and badly need a divorce, the law must provide
this option to them. It is their right. Divorce should be legalized because, without it, Filipino
women and children are left in a precarious and dangerous position. It should be legal in a
country where women play a vital role in society. Divorce does not dishonor the sanctity of
marriage in the Philippines but rather aims to give Filipino couples a more accessible choice
if their marriage is unsuccessful. Legalizing divorce would be beneficial for everyone
regardless of gender, age, and status.

Task 2 For BSHM 1A 7 STEP MORAL REASONING 2

Uploaded by

Copyright:

Available Formats

Task 2 For BSHM 1A 7 STEP MORAL REASONING 2

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Task 2 For BSHM 1A 7 STEP MORAL REASONING 2

Uploaded by

Copyright:

Available Formats

Should divorce be legalized in the Philippines?

The Philippines is one of only two

In conclusion, my stand on this issue is that divorce should be legalized in the

You might also like