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En12 Final Research Paper
En12 Final Research Paper
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growing up be difficult. If counseling does not aid in the situation perhaps divorce might be
considered. “What I would imagine that’s the case that would lead to a compelling case that there is
no choice but to separate.” (Julian) As a Catholic, Sir Julian understands that divorce is prohibited
because we have such a high regard for this sacrament, but he also accepts the fact that there will be
situations wherein the dissolution of marriage is needed. “The Philippines is not a Catholic country,
we are made up of predominantly Catholic and people with no faith.” (Julian)
Divorce does not side with any religion. The Catholic church disapproves of divorce because
it nullifies the sacrament of marriage. The Philippine Constitution Article V states that “the state
recognizes the freedom and equality of all religions, as well as the separation of the church and
state” The law is made for the citizens -- to aid the people, to resolve disputes and divorce is a way
to resolve disputes especially to protect the citizens. The bishops stand against divorce even if
statistics and surveys show that six out of ten Filipinos want divorce to be legalized. Not all
marriages work out, that is a fact that is not accepted by many. Archbishop Villegas stated that there
are laws in the Philippines that are meant to protect the rights of wives and children that are under
oppressive spouses and that they can file for legal separation or annulment, but like previously stated
abuse is not part of the grounds for annulment. He stated that “the supposed suffering that a spouse
must bear owing to a failed marriage is more imagined than real, and comes only upon one who
does not make use of the remedies already available under existing law” and “people opt for divorce
even if annulment and legal separation are viable options because they simply want to remarry.”
(Villegas) The Catholic Bishops Conference of the Philippines (CBCP) called for more reasoned
debates regarding the bill because “the bill was packaged as an easy option, which may result in
marriages and families breaking up more easily.” (Patag, “Legalizing Divorce in the Philippines:
What you need to know”) The CBCP, however, cannot contribute to the bill’s final readings because
of Article II Section 6 in the 1987 Philippine Constitution, which states that “no law shall be made
respecting an establishment of religion, or prohibiting the free exercise thereof.”
There is a huge difference between Canon Law and Civil Law. Catholics who marry civilly
are not married in the eyes of the Church. Canon 1108 states that the only valid marriages are those
“which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of
them.” In 2017, the Philippines Statistics Authority tabulated a report on the number of civil
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marriages as well as the number of nullity and annulment cases over the years. From 2005-2014
there has been a significant decrease in weddings. In the same year, 42.7% of the recorded marriages
were performed through civil rights, and “while there is a decrease in weddings, there was also a rise
in annulment cases. The steady growth went from 4,520 cases in 2001 to more than 11,135 cases in
2014. About 61 percent of the cases were filed by the wives, who were mostly 30 years old or
younger.” (Lazatin, “Weddings in the Philippines by Numbers”)
Divorce has a better scope than annulment and legal separation. The scope of annulment is
quite narrow. It includes mental illnesses or psychological incapacity of either of the spouse, fraud,
lack of consent, the physical incapacity of continuing the marriage, and if either one of the spouses
have a Sexually Transmitted Disease (STD). It can clearly be seen that none of these grounds for
annulment include abuse – in any form, adultery, and infidelity. Most women who choose to
separate from their husbands because of abuse or infidelity may be charged with adultery. Legal
separation, on the other hand does not allow remarriage. According to Article 55 of the Family Code
of the Philippines, a legal separation may be filed on the grounds of repeated physical violence, drug
addiction, attempted murder, and sexual infidelity. After the filing for legal separation, the spouses
may live separated from each other, but the spouses may not remarry.
Annulment and legal separation are the only options available in the Philippines. Annulment
is more expensive than divorce and it takes twice as long. An annulment in the Philippines costs
over P300,000, approximately 3,000 to 6,000 USD, and this will take roughly about 1-2 years to
complete. As of August 2015, divorce in the US costs 200 USD and it only took about 4-12 months
to process.
Divorce Bill in the Philippines
Before the Spaniards colonized the Philippines, absolute divorce was a something that the tribes
practiced. Gaddang of Nueva Ecija and Igorot of Cordilleras are just a two of the tribes who
practiced absolute divorce. During the Spanish colonization, this practice was abolished and a new
divorce policy was adopted and “the only divorce law adopted by the government was the Siete
Partidas of the Spanish Civil Code of 1889 which allowed legal separation.” (“Divorce in the
Philippines”)
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Divorce was also practiced during the American and Japanese colonial period, but was
“prohibited later on after the enactment of the 1949 Civil Code.” (de Leon, “The Fight to make
Divorce Legal in the Philippines”)
In 2005 Gabriela, a militant women’s movement in the Philippines proposed a divorce bill.
Years preceding that, similar bills were passed. In 2001, divorce bills were passed in the Senate (Bill
No. 782), and in the House of Representatives (Bill No. 878). In 1999, another bill (Bill No. 6993)
regarding the legalization of divorce was filed. During the 14th Congress, Gabriela refiled a bill
regarding the implementation of divorce in the Philippines.
As of February 21, 2018, the House of Representatives approved the House Bill for divorce
and it allows couples to terminate their marriage on the same grounds as annulment and legal
separation with a more in-depth scope. The grounds for annulment, as previously stated, are mental
illness or psychological incapacity of either of the spouse, fraud, lack of consent, physically incapable
of continuing the marriage, and if either one of the spouses have a Sexually Transmitted Disease
(STD) while the grounds for legal separation are abuse, homosexuality, drug or alcohol addiction,
sexual infidelity, abandonment, and attempted homicide are just to name a few. The newly passed
divorce bill covers their provisions as well as some additional specifications:
(1) Separation for at least 5 years at the time the petition is filed, with reconciliation
“highly improbable,” except if the separation is due to the overseas employment of
one or both spouses in different countries, or due to the employment of one of the
spouses in another province or region distant from the conjugal home. (2)
Psychological incapacity of other spouse as defined in Article 36 of the Family Code,
whether or not the incapacity was present at the time of marriage or later. (3) When
one of the spouses undergoes gender reassignment surgery or transition from one
sex to another. (4) Irreconcilable marital differences and conflicts resulting in the
“total breakdown of the marriage beyond repair” despite the efforts of both spouses.
(Cupin, “Explainer: What are the grounds, provisions in House divorce bill?”)
The custody of the children, if applicable, will be determined by the court. If the divorce law will
continue progressing, it will serve as a cheaper alternative as well as a better alternative to
annulment.
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Counter-arguments
An interview was conducted to present counter-arguments regarding the legalization of divorce. The
interviewee was Sir Joseph Johnson, a theology professor in the Ateneo de Manila University and a
Canon lawyer.
Marriage is a covenant. “We have a command from Christ that a man must not divorce his
wife and likewise.” (Johnson) Canon 1055 defines marriage as a “covenant, a partnership between
man and woman for their whole life.” and Canon 1056 states that a vital attribute of a marriage is
indissolubility. When a man and a woman choose to undergo the sacrament of marriage, “they are
giving themselves to their spouse and receiving exclusivity binds them in a close union to each other
just like the union of Christ with his church.” (Johnson)
Contrary to popular belief, the Vatican city actually allows divorce. The Roman Catholic
Canon Law states that if the party has not consummated the marriage then the marriage can be
dissolved by the Pope. Non-consummation is the only ground for divorce that the Vatican
recognizes since the indissolubility of marriage comes from its consummation. Consummation of a
marriage is the “‘ordinary and complete’ rather than the ‘partial and imperfect’ sexual intercourse.”
(Lushington) It is the “consent that binds the spouses to each other finds its fulfillment in the two
becoming one flesh.” (Catechism of the Catholic Church 1627).
Divorce is a burden on the children and on the spouse. Divorce will have a negative impact
on the children. “It creates an impression that the children are not loved or cared for.” (Johnson)
Judith Wallerstein conducted a research entitled Getting Your Children Through Divorce, which presents
the results of divorce on children:
(1) They complained bitterly about being forced to disrupt their lives to spend time
with the non-custodial parent. They wanted to see the other parent but felt that all
the arrangements were made for their parents’ convenience and not theirs. (2) One
young woman was so resentful of having to miss activities to visit her father that
when she reached adulthood she stopped seeing her father at all. (3) The children
were more likely to struggle with drugs, alcohol, and sex. Fully half the children she
studied were involved in a serious abuse of alcohol and drugs, some as early as age
14. (4) And they tended to become sexually active early, particularly the girls.
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The divorce bill that is being proposed is “pro-woman citing most cases wherein the wife
needs to seek one in order to walk away from an abusive relationship,” (Cupin, EXPLAINER: What
are the grounds, provisions in House divorce bill?) yet it will be enlarged by the women who will
have to bear the economic cost. “The newly proposed divorce bill states that the husbands can only
extend their financial aid to the family until one year after the divorce, that should be lengthened as a
consideration for the women and the children.” (Johnson)
Conclusion
Divorce should be legalized in the Philippines because it serves as a way out of abusive marriages, it
does not side with any religion, and it has a better scope than annulment and legal separation. Not
only does it have a better scope but it also aids women and children that are abused since, again,
abuse is not a scope of annulment. If a spouse chooses to leave he/she can be charged with adultery
or concubinage. What happens to those who cannot afford to pay the price of annulment or legal
separation? Divorce covers a wider scope, it is cheaper, and it is a faster process as compared to
annulment. Our country should not rely fully on the Catholic Church because the law is made to
help the citizens and if divorce is a way to protect women and children from abuse then why hinder
it?
Word Count: 2543
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