A divorce process could be lengthy and brutal, but at least it allows a person to be free from an unwanted marriage. Imagine, not being able to divorce a person because it is considered illegal. The Lower House of the Philippines Parliament passed a bill last week that legalises divorce in the country.
The Bill will reach the Senate in August and needs presidential assent to become law. The Philippines is the only other place besides the Vatican where divorce is not legal.
Albay Rep. Edcel Lagman, author of the bill, said by legalising divorce, the Philippines acknowledges the need to provide options for individuals trapped in “unhappy and irreparable marriages”, as quoted by Philippines News Agency.
History of Divorce in Philippines
Divorce was allowed in the Philippines before the Spanish rule in the 16th Century. Under the American occupation in 1917, the Filipinos could end their marriage in case of adultery and concubinage. The Japanese, who occupied the Philippines during World War II, expanded the divorce law, allowing Filipinos 11 grounds to seek a divorce.
The divorce legislation was struck down in 1950 when the Philippines’ civil code was enacted. It was replaced by rules on legal separation, as per The South China Morning Post reported.
But Muslims in Philippines, who comprise around 6% of the population, are allowed to divorce because president Ferdinand E. Marcos signed the legislation in 1977 allowing it.
Divorce remains illegal in Philippines even today largely because of the Catholic Church, which views marriage as a holy commitment to the spouse, as well as God and society.
According to the 2020 Census, Roman Catholics make up 78.8% of the Philippines’ population while 6.4% are Muslims, the second largest group in the country.
What Does The New Bill Say?
Lagman clarified that the bill does not recognise “no-fault, quickie drive-thru, email or notarial divorces” as there are limited and reasonable grounds for divorce. A petition will have to undergo judicial scrutiny to prevent abuse and collusion of the parties, he said, as mentioned in Philippines News Agency.
The bill stipulates the grounds for absolute divorce, which include psychological incapacity, irreconcilable differences, domestic or marital abuse, when one of the spouses undergoes a sex reassignment surgery or transitions from one sex to another, and separation of the spouses for at least five years.
The grounds for legal separation under the Family Code of the Philippines can also be considered grounds for absolute divorce. These include:
• Physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
• Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
• Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution;
• Final judgment sentencing the respondent to imprisonment of more than 6 years;
• Drug addiction, habitual alcoholism, or chronic gambling;
• Homosexuality of the respondent;
• Contracting by the respondent of a subsequent bigamous marriage;
• Marital infidelity or perversion or having a child with another person other than one’s spouse during the marriage;
• Attempt by the respondent against the life of the petitioner, a common child, or a child of the petitioner; and
• Abandonment of petitioner by respondent without justifiable cause for more than one year
Lack of parental consent; insanity; fraud, force, intimidation or undue influence; impotence; and sexually transmissible diseases are also grounds for annulment of marriage and for absolute divorce.
Who Is Opposing The Bill?
In 2018, a similar legislation passed the House only to fail in the Senate. A senior Catholic clergyman had said at the time: “Divorce is a direct affront to the law ordained by God and specifically reiterated by our Lord Jesus Christ!”
Conservative lawmakers and Catholic and Christian groups continue to oppose the Bill. Senator Joel Villanueva, the son of a popular Christian evangelist in the Philippines, is anti-divorce. Instead, he suggests making annulments more affordable.
But half of the Filipinos support legalizing divorce, local surveys show. A woman, who applied for divorce in February, told Business World, “Your life should not stop with you being married to the wrong person. I hope everyone gets a second chance at marriage — to be with the person who will appreciate and love you.”
What Separation Rights Do Filipinos Have Now?
Filipinos are allowed legal separation and annulment of marriage, in case of former, parties can live separately but the marriage won’t, which means neither party can marry again. Annulment of marriage means a marriage is declared void.
There are only limited grounds for annulment such as marrying under the age of 21 without parental consent, mental incapacity at the time of the wedding, homosexuality and a “misrepresentation or fraudulent provision of the consent to marry”, as reported by The South China Morning Post.
Many cannot afford annulment of marriage, which costs over 150,000 Philippine pesos (over Rs 2 lakh) to 300,000 Philippine pesos (about Rs 4 lakh).