9 Reasons to Support the Legalization of

Divorce in the Philippines

The Philippines is now the only country without divorce. Here are 9 reasons why we
should enact our own divorce law. By Ana Santos
It is official. The Philippines is now be the only country with no divorce law. Until recently, there
were two countries in the world where there was no divorcethe Philippines and Malta. However, a
recently concluded referendum in Malta showed that majority of the devoutly Catholic country were
in favor of divorce so their government is now taking the necessary steps to craft their countrys first
divorce law.
Now that Malta is joining the rest of the world in legalizing divorce, here are 10 reasons why the
Philippines should follow suit.
1. CURRENT LAWS THAT ALLOW FOR LEGAL SEPARATIONS AND ANNULMENTS ARE FLAWED.
For couples who want to dissolve their union or live apart, there are two options: legal separation and annulment. A
legal separation allows a couple to divide their properties and live apart, but it does not dissolve their marriage, i.e.,
they cannot re-marry. In annulments and declaration of nullity of marriage, you have to prove that the marriage was
invalid from the start according to a certain set of reasons such as impotence, homosexuality, mistaken identity, or
psychological incapacity, among others.
Both are options are flawed. In legal separations, everything but the marriage is dissolved. Quite literally, the couple
remains married only on paper. In an annulment, you must prove that your reason for wanting to nullify the marriage
existed even before the marriage--this requires one to declare and prove that his or her partner is incapable of
functioning as wife or husband.
The idea of couples wanting to end their marriages is not a new to Filipinos. As womens rights advocate Beth
Angsioco wrote in her column, "We already have laws for those who only want property settlement, and those with
void and voidable marriages. Why not a law for valid but failed marriages?"
2. DIVORCE USED TO EXIST IN THE PHILIPPINES
According to Atty. Fred Pamaos, the Philippines once had a law on divorce. Before the Spanish colonial rule in the
early 16th century, absolute divorce had been widely practiced among our ancestral tribesthe Tagbanwas of
Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and Moslems of
Visayas and Mindanao islands, to name a few.
During the American period and Japanese occupation, some form of divorce was already in place. It was actually the
1950 Civil Code of the Philippines that abolished these laws.
3. THERE ARE SECTORS IN PHILIPPINE SOCIETY THAT PRACTICE DIVORCE.
The Code of Muslim Personal Laws of the Philippines allows for divorcehowever, with stipulations: namely, a man
can divorce his wife, but a woman cannot divorce her husband.
4. IT IS A RECOURSE FOR WOMEN WHO ARE IN ABUSIVE RELATIONSHIPS.
According to the Philippine Commission on Womenwebsite, physical injuries and/or wife battering remains to be the
most prevalent case across the twelve-year period, from 19972009, accounting nearly half (45.5 percent) of all
reported violence against women (VAW) cases nationwide.

In the Philippines, spousal abuse and infidelity are not grounds for the annulment of marriage.
5. THE STIPULATIONS OF AN ANNULMENT ARE DESTRUCTIVE.
The most commonly used reason for an annulment is psychological incapacity. It requires that you prove that your
spouse (or both of you) is indeed psychologically incapable of performing the responsibilities that come with being
married. In legal terms, that means presenting evidence that proves this allegation. To back up your claim, you need
to get a psychological report which can be expensive.
6. DIVORCE HAS NO RELIGIOUS BIAS.
Because of the separation of Church and State, getting a civil annulment will only mean that your civil union has been
dissolved. This is fine if you were married in City Hall, but if you had a church wedding, this means that your church
union is still intact. To nullify your church wedding, you need to go through the whole process again, this time with
the archdiocese. This action will cost more and take longer.
Many opt to get only a civil annulment, but the drawback is that if you chose to re-marry, you cannot do it in church.
7. PEOPLE ARE IN FAVOR OF DIVORCE.
According to a Social Weather Station survey conducted in March 2011, 50 percent of adult Filipinos agree and 33
percent disagree with the statement: 'Married couples who have already separated and cannot reconcile anymore
should be allowed to divorce so that they can get legally married again. In 2005, a similar survey was conducted
which showed that 43 percent of adult Filipinos were in favor of divorce and 44 percent were not.
This shows that the public, regardless of their marital status, is now more open to accept the possibility of divorce.
8. AN ANNULMENT IS AN EXPENSIVE PROCESS THAT NOT EVERYONE CAN AFFORD.
The cost of proving grounds for an annulment, such as psychological incapacity, requires the hiring of specialists and
the like, which can cost thousands of pesos--not something everyone can afford.
Clare Padilla, Executive Director of EnGenderights, an NGO that provides legal services, pointed out that the current
situation [no clear law on divorce] puts wives in abusive relationships in a bind: Many women end up cohabiting
with their current partner without having their marriage nullified. And because of this, some women are dismissed
from government service precisely because of these 'immorality issues.'
9. DIVORCE DOES NOT DESTROY THE FAMILY.
Divorceon any law, for that matterwill not destroy the family. It is only the members of the family who can do
that. Putting a clear divorce law in place recognizes that some marriages work and some dont. 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.