Divorce in the Philippines—to conform to the global norm?

Up to date and apart from Vatican City, the Philippines is the only country where divorce is illegal. Why so?

For starters, Filipinos are neck-deep in their religious faith. We are strongly tied to our Catholic roots, which oppose divorce as it goes against natural laws. Second, our legal system, which houses the Civil Code and Family Code, respects marriage as much as it respects relationships within families. Our Constitution is pro-family. Hence, having the option for divorce is feared to destroy the institution of marriage in legal matters and gravely affect children.

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If you'd want to know more about the Philippines' legislation on marriage which binds its citizens to a divorce-free country, along the lines of Article XV of the 1987 Constitution and Article 52 of the Civil Code (Family Code) is a start, as follows:

1987 Constitution of the Republic of the Philippines Article XV Section 1 – The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Civil Code Title III Chapter 1 Article 52 – Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within limits provided by the Code.

In hindsight, although we are behind the rest of the world, it is not an easy subject to touch on. Amending our laws or making policies for the whole society can potentially affect or harm the rest of our community, as cons would see it. Plus, we go back to the separation of Church and State. Even if we table the Philippines’ naturally conservative culture, some see it as an easy way out for quitters, and the process tends to be abused. Others do not consider divorce as an answer to domestic abuse and other issues occurring within homes.

In the plight of this predicament, we have numbers in data which showed a progressive increase in divorce rates in marriages after lines of divorce. In short, it is not a guarantee of a second chance. And yes, we may all be aware of these. A lot might have done their research on these as well. But what makes this battle hard-fought by the rest?

Apart from domestic violence, which has always been prevalent, there are three I’s that lead to the crumbling of a marriage: infidelity, incompatibility, and irreconcilable differences. Extramarital affairs, realising that couples can’t complement each other to the point they are stable in terms of family, and growing apart or discovering that lovers or existing partners no longer share the same goals or values—all of which are vital to maintaining relationships; all the more sustaining a family and raising children.

And that’s just the beginning. There are a variety of personal reasons that, when summed up, mean one thing: Filipinos strongly desire to break unhealthy, toxic patterns that cause more harm than good for their well-being and happiness. It’s high time that we move past our cultural landscape, learn to understand, and accept that some decisions that are out of the norm can benefit those who want it and choose to do so—when presented with the choice.

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What if a relationship is damaged beyond repair, where it is nearly impossible to mend it, and when there is no longer a point in fighting for it? Reality-wise, it does happen, it is happening, and it will eventually occur in some cases. Will our State still turn a blind eye to what goes beyond couples’ closed doors?

Lo and behold, after all the efforts in legalising divorce in the Philippines for how many years, after all these times of putting a voice to this concern, we are now in the face of almost achieving what was merely an aspiration.

As timely as it was during National Women’s Month last March 2023, it was music to one’s ears that being close to a hopeful victory that was long overdue and yearned for is finally making progress. The unnumbered house bill, which answers to the probability of divorce in dysfunctional and unsalvageable marriages, is now a step closer to its goal.

In a statement made by one of the bill’s principal authors, Albay Representative Edcel Lagman, he states, “Spouses, especially wives, will soon have the option of getting out of an irremediably broken marriage and get a new lease on life with the approval by the House Committee on Population and Family Relations of the bill reinstituting absolute divorce in the Philippines.”

Although the bill does have its measures which are subject to due process: ‘quickie’, notarial, email, and other speedy drive-thru divorces are prohibited, no decree of divorce shall be based upon a stipulation of facts or confession of a judgment, and a 60-day cooling-off period happens after the filing of the divorce petition. By this time, the appointed judge shall earnestly attempt to reconcile the parties (if parties decide to do so, the petition will be dismissed), and the divorce decree can be nullified even after the parties decide to reconcile after its issuance.

Nevertheless, in the latter part of last month, the bill was unanimously approved with a 12-0 vote by the House panel—and the majority of the public is either crying in relief or joy at the positive news.

“Divorce is not the worst thing that can happen to a family. Enduring years of physical violence, suffering emotional abuse, tolerating infidelity, allowing children to live in a hostile home and witness daily discord and constant conflict—these are far worse than divorce,” adds Lagman.

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On May 15, 2024, lawmakers approved House Bill 9348 on its second reading, a significant step toward reinstating divorce in the country. The approval came via viva voce or voice voting. Kabayan Partylist representative Ron P Salo emphasized its aim to establish clearer guidelines and standards for midwifery education and practices, with the overarching goal of ensuring the delivery of high-quality maternal care nationwide.

“This pivotal act’s approval underscores our commitment to the well-being of mothers and infants, positioning midwives as indispensable contributors to the healthcare landscape,” Salo elaborated. The proposal not only strengthens the role of midwives in the health system but also promotes the optimal health of mothers and their babies.

A week later, the House of Representatives approved House Bill 9348—now the Absolute Divorce Bill—on the third and final reading. Lagman said its third reading passage signifies a significant shift in societal attitudes towards marriage and relationships in the country.

Whether you approve or disapprove, how do you think this law in the making will fare in the coming years?

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