Philippines: Ready for Divorce

Legal Opinion by Lara Michelle Sanday Binudin I-B

This legal opinion is a support for the legality of divorce in the
Philippines, as the only country in the world aside from the Vatican
City where divorce remains illegal.
Under Philippine law, two people wishing to end their marriage
have limited options. They can file for legal separation, which will
allow them to separate their possessions and live apart, but does not
legally end a marital union and thus does not permit remarriage. An
annulment ends a marriage, but differs from divorce in important
ways and it is a long, expensive, and painful legal process. The
parties, for instance, must prove that the marriage was never valid to
begin with. Reasons can include one or both parties having been
below the age of 18 when they got married, either party having an
incurable sexually transmitted disease, or cases of polygamy.
A divorce is a legal action between married people to terminate
their marriage relationship. It can be referred to as dissolution of
marriage and is basically, the legal action that ends the marriage
before the death of either spouse and will not be as financially,
emotionally, and legally taxing as annulment.
In 2017 alone, 11,558 Filipino women between the ages of 15
and 49 suffered various forms of physical and sexual violence. The
most common perpetrator of physical violence against Filipino women
who were ever married is their current or most recent husband or
partner, according to the Philippine Statistics Authority.
Marriage is a sacred thing, It includes the vows, "till death do us
part" but what if the love once shared together has been vanished or
it may turn out to violence, couples become homicidal at the sight of
each, children are traumatized by witnessing violence in their family.
The children in these homes are at high risk of being battered
themselves by either the batterer or the victim.
Battered women invariably seek separation only after many
years of trying to make the marriage work; separation only becomes
imperative for them when they realize that it is necessary for their and
their children's survival. Divorce could actually provide protection to
battered women and their children from further violence and abuse.
Some of the members of the Congress opposed for the reason
that marriage and divorce in the Philippines will be like “A Las Vegas-
style drive-thru wedding and a drive-thru divorce” that will cheapen
the importance of marriage. This will also encourage couple to
terminate their marriage whenever they want and marriages end with
divorce will increase.

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 Remember that Spain is the root of Christianity yet divorce had
been implemented. They are now benefiting from it. A lot of people
fear that divorce might erode the values and teachings of the Catholic
Church. The cases of Italy and Spain (two Catholic countries which
practice divorce) are clear evidences of its invalidity. In accordance
with House Bill No. 1799 filed by the Gabriela Women’s Party last
July 27, 2010, Italy had only 7% while Spain registers 15% of divorce
rate. In addition to that, over 90% of the poll respondents are in favor
of divorce. In an official poll that ran from December 19 to January 3,
92.44 percent or 40,414 voted “Yes” to the question, “Are you in favor
of divorce in the Philippines?” This shows that the public, regardless
of their marital status, is now more open to accept the possibility of
divorce.
The bill entitled “An Act Providing for Absolute Divorce and
Dissolution of Marriage in the Philippines” is also historic for other
reasons: it is the farthest a divorce bill has made it in the legislative
process and it’s a rare multi-partisan effort, with lawmakers from all
blocs in the House involved in its crafting.
Should the bill be passed into law, coupled who are
irreconcilably separated will have access to a cheaper and faster
alternative to annulment, which can take years and upwards of
P250,000 to finalize.
The bill says it seeks to “save the children from pain, stress and
agony consequent to their parents’ constant marital clashes” and
“grant the divorced spouses the right to marry again for another
chance at marital bliss.”
Divorce should be legalized in the Philippines because couples
should have the option to choose for remedies that will help them in
obtaining their self-actualization. The remedy is divorce. They should
have the right to escape from marriages that they entered before and
let them live a new and happy life. The aforementioned evidences
strongly claim that legalizing divorce would be a big help for Filipinos.
The lawmakers should prioritize the divorce bill because the existing
laws are not enough to address their needs. What we need is a
divorce law that defines clearly and unequivocally the grounds and
terms for terminating a marriage. Life is too short to be married to
someone you don’t want to be married to. Divorce is a choice and we
all should have the freedom to make choices.
Simplify the divorce process and let the couples continue on
with their lives in to find the partner they will be happy with to live their
lives. Furthermore, in cases where a union is more harmful than
beneficial, a divorce can be a benevolent and less hurtful way of
severing ties with your partner. When the marriage is no longer
viable, divorce should be an option.