Abeleda, Maria Claireana A. Atty.
Michelle Recto
Block 2 Legal Research and Bibliography
“Should Divorce Law be Passed in The Philippines: Yes”
Marriage is expected to last forever and vows uttered by the married couple usually include the
phrase, “until death do us part”. These words the words that married couples hang onto. Marriage, in
the Philippine setting is always regarded as a perfect and a happy ending, similar to fairytales that we
grew up with or the drama series we watched as teens. The setting, the love songs, the soon to be married
couple with love in their eyes, the promise of forever and the exchange of vows symbolizing their
commitment to make the marriage last a lifetime.
Unfortunately, there are numerous instances wherein the marriage just didn't work out. There
are different factors can be blamed for the failure of a marriage, it could be that the love the couple
shared faded over time, one party being physically and verbally abusive, unfaithfulness and many more.
You may even know friend, an acquaintance or a relative who has experienced this unfortunate turn of
event.
Divorce in the Philippines has been an ongoing issue for several years. According to the “The
New York Times” in their article “Philippines Stands All but Alone in Banning Divorce” the Philippines
is the only country in the world besides the Vatican City where divorce is banned. This is mostly due
to the fact that the Philippines is predominantly Catholic. According to asiasociety.org “The Philippines
proudly boasts to be the only Christian nation in Asia. More than 86 percent of the population is Roman
Catholic, 6 percent belong to various nationalized Christian cults, and another 2 percent belong to well
over 100 Protestant denominations.”. Being one of the last countries that does not legalize divorce is
something the Catholic Church takes great pride in as mentioned by Oscar Cruz, a retired archbishop
who is the leading church voice against the bill, in an interview. He said, “That is a distinction that we
should all be very proud of,” and “It says that we are not one of those who believe the family can be
destroyed.”
Abeleda, Maria Claireana A. Atty. Michelle Recto
Block 2 Legal Research and Bibliography
“Why Should Divorce Law be Passed in The Philippines”
Marriage is expected to last forever and vows uttered by the married couple usually include the
phrase, “until death do us part”. These words the words that married couples hang onto. Marriage, in
the Philippine setting is always regarded as a perfect and a happy ending, similar to fairytales that we
grew up with or the drama series we watched as teens. The setting, the love songs, the soon to be married
couple with love in their eyes, the promise of forever and the exchange of vows symbolizing their
commitment to make the marriage last a lifetime.
Unfortunately, there are numerous instances wherein the marriage just didn't work out. There
are different factors can be blamed for the failure of a marriage, it could be that the love the couple
shared faded over time, one party being physically and verbally abusive, unfaithfulness and many more.
You may even know friend, an acquaintance or a relative who has experienced this unfortunate turn of
event.
Divorce in the Philippines has been an ongoing issue for several years. According to the “The
New York Times” in their article “Philippines Stands All but Alone in Banning Divorce” the Philippines
is the only country in the world besides the Vatican City where divorce is banned. This is mostly due
to the fact that the Philippines is predominantly Catholic. According to asiasociety.org “The Philippines
proudly boasts to be the only Christian nation in Asia. More than 86 percent of the population is Roman
Catholic, 6 percent belong to various nationalized Christian cults, and another 2 percent belong to well
over 100 Protestant denominations.”. Being one of the last countries that does not legalize divorce is
something the Catholic Church takes great pride in as mentioned by Oscar Cruz, a retired archbishop
who is the leading church voice against the bill, in an interview. He said, “That is a distinction that we
should all be very proud of,” and “It says that we are not one of those who believe the family can be
destroyed.”
First, what exactly is divorce? Oxford Dictionaries defines divorce as “the legal dissolution of
marriage by a court or other competent body”. If a person is stuck in an unhappy, or in some grave
cases, abusive marriage, then he or she should have the right to escape it. Based on the preliminary
findings of the 2017 National Demographic and Health Survey (NDHS), one in four (26%) ever-married
women aged 15-49 has ever experienced physical, sexual or emotional violence by their husband or
partner. One in five (20%) women has ever experienced emotional violence, 14 percent has ever
experienced physical violence, and 5 percent has ever experienced sexual violence by their current or
most recent husband or partner.
The reason why I think divorce should be implemented in the Philippines is because present
situation demands it. Marriage is never as perfect or as happy as people expect and divorce is not as
terrible as the people claim to be. Divorce gives people a fresh start in having a better life. I find it
impractical to bind two people who are in a loveless marriage. What is the sense of keeping two people
together that no longer love each other?
But there are some cases where the marriage is technically void, Philippine law provides an
option to end the marriage in a “declaration of nullity”. Annulment is a very costly and lengthy process.
The commonly used reason for an annulment is “psychological incapacity.” It requires that you prove
that your spouse, or in some cases both of you, is indeed psychologically incapable of performing the
responsibilities that come with being married. (Chi Ming Tsoi v. Court of Appeals and Gina Lao-Tsoi,
G.R 119190, January 16, 1997) This is statement is one flaw of annulment cases here in the Philippines,
the reasons that should be given out by couples are limited and is not applicable to everyone. Plus,
"psychological incapacity" reasons require one to seek a psychological report which can cost a lot of
money. Annulment is not easily accessible to those who are less fortunate.
For marriages between a Filipino and a foreigner, the Filipino may be able to remarry again if
they have a divorce later on outside of the country (Article 26, Family Code). However, there may be
complications in having the courts recognize the divorce, for the Filipino may be considered committed
bigamy even if his marriage was divorced outside of the country. (Diego v. Castillo A.M. No. RTJ-02-
1673, August 11, 2004) Muslims, on the other hand, are exceptions to the law and can divorce their
partners (even if their partner's not a Muslim), for as long as they were married under traditional Muslim
law. This is allowed by Presidential Decree 1083 or “Code of Muslim Personal Laws of the
Philippines”.
Divorce is beneficial to wives who have experienced abuse under the maltreatment of their own
partners because in the Philippines, infidelity and physical abuse are not grounds for annulment.
According to the Philippine Commission on Women, “physical injuries and/or wife battering remains
to be the most prevalent case across the twelve-year period, from 1997–2009, accounting nearly half
(45.5 percent) of all reported violence against women (VAW) cases nationwide”. For instance, the
marriage worked for 8 years, but later the husband becomes violent and unfaithful to his wife. These
may not be used for annulment under Article 36, unless it can be proved that these are manifestations
of psychological inability that preceded the marriage. The divorce law will provide a solution that
Article 36 cannot support. “A divorce law will provide a straightforward remedy to a marital failure for
it does not concern itself with validity or invalidity of a marriage and it terminates a marriage based on
a ground that occurred during the marriage” (Ursua, 2013).
In addition, I do not agree with the Church’s reason as to why they are against the divorce law
which is that the divorce bill destroys a family. The only thing capable of destroying a family is the
family members themselves. Legalizing divorce in the country will show acceptance that some
marriages end happily while others, unfortunately, don’t.
I can truly say that the divorce bill should be legalized in the Philippines as soon as possible. It
will not only benefit the the two parties involved but it also makes everything legal: re-marriage, child
support and child custody, division of properties and debts.
Divorce will not only benefit battered wives, couples with unhappy marriages but it will also
benefit children the children of separated couples. Therefore, it must be legalized in the Philippines.
Bibliography:
• Conde, Carlos (June 2011). Philippines Stands All but Alone in Banning Divorce. Retrieved
from https://www.nytimes.com/2011/06/18/world/asia/18iht-philippines18.html
• Miller, Jack. Religion in the Philippines. Retrieved from
• https://asiasociety.org/education/religion-philippines
• (March 2018) Retrieved from https://psa.gov.ph/content/one-four-women-have-ever-
experienced-spousal-violence-preliminary-results-2017-national
• Definition of divorce in English Retrieved from
http://www.oxforddictionaries.com/us/definition/american_english/divorce
• Imoney (April 2015). How much do annulments cost in the Phillipines? Retrieved from
https://www.imoney.ph/articles/annulments-cost-philippines/
• Santos, Ana (June 2015). Ending a Marriage in the Only Country That Bans Divorce
Retrieved from https://www.theatlantic.com/international/archive/2015/06/divorce-
philippines-annulment/396449/
• Patag, Kristine (March 2018). Legalizing divorce in the Philippines: What you need to know.
Retrieved from https://www.philstar.com/headlines/2018/03/20/1798661/legalizing-divorce-
philippines-what-you-need-know
• Cudis, Cristine (February 2019) PH divorce bill status: It's complicated. Retrieved from
https://www.pna.gov.ph/articles/1061868
• Ursua, Evelyn (February 2013). Why the Philippines needs a Divorce Law. Retrieved from
http://positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-divorce-law
Cases:
• Chi Ming Tsoi v. Court of Appeals and Gina Lao-Tsoi, G.R 119190, January 16, 1997
Retrieved from https://www.lawphil.net/judjuris/juri1997/jan1997/gr_119190_1997.html
• Diego v. Castillo A.M. No. RTJ-02-1673, August 11, 2004
Retrieved from https://lawphil.net/judjuris/juri2004/aug2004/am_rtj_02_1673_2004.html
