DELIZO, KEISHA MAE B.

EAPP
STEM – 11. POSITION PAPER

Legalization of Divorce in the Philippines

Marriage is an eternal concept that is meant to be a loving, intimate,
selfless relationship between a man and a woman that lasts through eternity. It
can be signified in the iconic phrase, “'til death do us part.” However,
sometimes, the love that a couple shared together fades away, and not all
marriages end in a lifetime commitment. In the Philippines, where divorce is
not available, many couples are bound by loveless marriage.
Divorce can be referred to as dissolution of marriage and is basically the
legal action that ends the marriage before the death of either spouse. Divorce
has always been a controversial issue in the country. The social acceptability of
divorce has varied widely across historical periods, religious faiths, and
cultures. The Philippines, along with the Vatican City, is one of the only
sovereign states that prohibits divorce. 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
lack of divorce law complicates further the marital and family problems of
many Filipinos. Not every relationship can be fixed, making divorce a
necessary step to solve these problems. Therefore, the country must pass and
legalize divorce.
Every Filipino has rights that must be recognized, including the right to
dissolve unhappy, abusive, and toxic marriages. Filipino couples must be
allowed to end their marriages safely and legally to alleviate the emotional and
psychological burdens that come with being trapped in an unhappy or abusive
relationship. As Russian novelist Leo Tolstoy points out, unhappy families are
each unique in their misery, each flawed and broken union displaying markers
for failure, including incompatibility, dishonesty, infidelity, and violence.
Furthermore, Davao del Norte 1st District Representative Pantaleon Alvarez
stated that divorce is a reality for many Filipino families, and it is time for us to
acknowledge that reality and create a legal framework that reflects it. We must
also ensure that the laws protect the rights of Filipinos in every aspect of their
lives, including their personal relationships.
The proposed divorce bill’s timeline and procedure are significantly
shorter, which can ease people’s lives. While it cannot be said yet how much a
divorce will cost, the bill has a provision to protect indigent litigants, stating
that the court is required to waive their fees. Without specific divorce
legislation, couples who wish to end their marriage legally face challenges since
the current alternatives are limited. Other options may be inaccessible, costly,
or ineffective. 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 grounds for
annulment include lack of parental consent, insanity, fraud, force, and serious
and incurable sexually transmissible disease. Proving one of these has been
extremely difficult. Abuse and infidelity are also not included in the grounds for
annulment. Filing for an annulment is a lengthy process that can drag on for
years, often with unsuccessful results. The processing time can range from two
to four years, depending on circumstances, and the average annulment starts
at around PHP 250,000, which is hardly less than the average family income in
the country for an entire year. According to a December 2021 report from the
Philippine Statistics Authority (PSA), about 26.14 million Filipinos live below
the country’s poverty threshold. Senator Risa Hontiveros claimed that
annulment is anti-poor. Additionally, in a position paper submitted by
EnGendeRights Inc. founder and executive director Atty. Clara Rita Padilla
before the House of Representatives on February 5, 2020, it was stated that
only those with substantial means can evidently afford it, and it is inaccessible
to the poor and those who face financial difficulties. For other couples, legal
separation is also an option. Here, they can live in separate houses and divide
their possessions, but the agreement does not cut the legal ties of their
marriage; therefore, both parties are not allowed to remarry.
Divorce can serve as a protective tool against domestic violence, which is
one of the strongest reasons why it should exist. For many Filipino women,
finding an escape from a husband is not an easy option, and often, it can be
dangerous. Violence and domestic abuse are typical scenarios, as according to
a 2017 report from the Philippine Statistics Authority, one in four women have
experienced spousal violence — be it physical, emotional, or sexual abuse.
Without an accessible and affordable option to separate from an abusive
husband, some women are left with no choice. According to the proposed
legislation, the divorce bill has expanded grounds that include physical
violence, marital infidelity, abandonment, gender reassignment surgery, abuse,
and irreconcilable marital differences. Women’s Group Gabriela Party-list
Representative Arlene Brosas also believes that the approval of the divorce bill
serves as a ray of hope once again for women and victims of domestic abuse,
who are still waiting to be given the chance to break free from a toxic and
violent relationship.
Legalization of divorce can beneficially or positively affect children. It
frees them from the chronic stress that comes from living with both parents in
a volatile, disrespectful, or loveless relationship. In a 2014 survey by Social
Weather Stations, 82 percent of those who filed annulment cases had children
—59 percent had at least one or two children, 22 percent had three to four
children, and 1 percent had five to six children. What it indicated, as the
editorial pointed out, was that children, “often cited as the glue that kept a
couple together despite the cracks in the marriage.” Divorce may, at the very
least, free children from the toxicity that floats around a home where hostility
reigns—that is, provided both exes find the magnanimity to set aside their
differences and provide the children some balance and reassurance that the
divorce was not their fault. According to Senator Risa Hontiveros, it protects
children from abuse and rebuilds broken families. Children who have gone
through a divorce can reap the benefits of spending one-on-one time with each
parent. Despite the difficulties of divorce, one-on-one time is a great bonding
opportunity for parents and children to experience. There will be less time, but
the quality of time spent together is usually increased because the parent is
totally focused on the children and the time together is valued more. Divorce
can also help both parents become better parents as they learn to value their
time with their children more and reconnect with them. Children will always be
affected in a positive way when a parent shows that they love and care for
them.
Legalizing divorce in the Philippines would be beneficial for everyone,
regardless of gender, age, or status. It should be passed and legalized in the
country to ease the burden of separated or irreconcilable couples and
emphasize the importance of having freedom and options. With this issue at
hand, the Senate and the House of Representatives should take it upon
themselves to deliver and pass the bill to end spousal violence, any form of
violence against women and children and to free people from toxic marriages. It
is time to accept that not all marriages have happy endings. Divorce gives
people a fresh start to lead better lives.