The Philippines stands alongside the Vatican as one of the few places in the world where divorce remains illegal. However, there’s a glimmer of hope on the horizon as the nation inches closer to potentially granting Filipinos the option to end their marriages. Here’s why this long-awaited change might finally be within reach.
A Historical Perspective: Divorce wasn’t always taboo in the Philippines. Before Spanish colonization in the 16th century, divorce was permitted. Even during American colonization in 1917, divorce was an option for Filipinos in cases of adultery or concubinage. The Japanese occupation briefly expanded divorce laws, but they were later struck down with the enactment of the Philippines’ civil code in 1950, replaced by rules on legal separation.
The Church’s Influence: The predominant influence of the Catholic Church in the Philippines has played a significant role in maintaining the prohibition of divorce. Marriage is viewed as a sacred bond, and traditional Christians, especially Catholics, consider it a holy commitment to both spouse and God. With Catholics comprising nearly 79% of the population, the Church’s stance has had a profound impact on policies and legislation regarding marriage.
Current Options for Filipinos: Presently, Filipinos seeking to end their marriages have limited alternatives. Legal separation allows couples to live apart but does not dissolve the marriage, prohibiting remarriage. Annulment, while an option, is costly and available only under specific grounds, such as marrying under the age of 21 without parental consent or mental incapacity at the time of marriage. Muslim Filipinos are the exception, as they can legally divorce under the Code of Muslim Personal Laws.
The Proposed Legislation: The Absolute Divorce Act represents a potential breakthrough. Passed in the House of Representatives, the Bill would legalize divorce in cases of physical violence, drug addiction, habitual alcoholism, chronic gambling, and marital infidelity. It emphasizes limited and reasonable grounds for divorce, subject to judicial scrutiny to prevent abuse and collusion.
Challenges Ahead: Despite the Bill’s passage in the House, hurdles remain. Conservative lawmakers and Christian groups opposed divorce legalization, advocating instead for more accessible annulments. The Senate’s upcoming deliberations in August will be critical, with previous attempts at divorce legislation failing to advance. However, recent surveys indicate growing support for divorce legalization among the Filipino populace.
Hope on the Horizon: For many Filipinos, the prospect of divorce offers a chance for liberation from toxic and abusive marriages. Advocates, particularly women’s rights groups, have long championed divorce legalization as a means of empowering individuals to seek happiness and fulfillment in new relationships. While challenges persist, the momentum for change is palpable, sparking optimism among those yearning for a second chance at love and life beyond failed marriages.
