Why should legalize divorce in

the Philippines?

by: Reyes T. (2020)

Submitted by: Ahmad Palinta Astanan BS Criminology 1 - Charlie

Submitted To: Ms. Rizza S. Mancenido

 The Philippines is one of the few countries in the world where divorce is not legalized.

This has led to numerous social, legal, and psychological problems for individuals trapped in unhappy or
abusive marriages. The current law only allows for annulment, which is a complicated and expensive
process, leaving many unable to get out of toxic or unfulfilling relationships. This essay will explore the
arguments for legalizing divorce in the Philippines, considering both historical and contemporary
perspectives, influential figures, and potential impacts on society.

The Philippines has a deeply rooted Catholic tradition that has heavily influenced its

legal and social systems. The Catholic Church has been a staunch opponent of divorce, and its influence
is reflected in the existing legal framework. The 1987 Family Code of the Philippines expressly prohibits
divorce, making it the last country in the world to do so. This has led to a situation where individuals in
unhappy or abusive marriages have little recourse to dissolve their unions and move on with their lives.

Legalizing divorce in the Philippines would have several significant benefits. Firstly, it

would provide an avenue for individuals in abusive or toxic relationships to seek an official end to their
marriages and move on with their lives. Annulment, the only option available currently, is an expensive
and time-consuming process that is often out of reach for many Filipinos. This leaves them trapped in
unhappy marriages, which can have severe consequences for both themselves and their children.

Secondly, legalizing divorce would bring the Philippines in line with international standards of human
rights. The current prohibition on divorce can be seen as a violation of individuals' rights to seek
happiness and fulfillment in their personal lives. It also goes against the global trend towards recognizing
the right to divorce as a fundamental aspect of personal freedom.

Furthermore, legalizing divorce would also have positive economic impacts. Many individuals, especially
women, are unable to leave unhappy marriages due to financial dependence on their spouses. With
divorce, they would have access to the legal mechanisms to claim their fair share of the marital assets
and move towards financial independence.

However, there are also potential negative aspects to consider. Legalizing divorce
may lead to an increase in the dissolution of marriages, which some argue could have a destabilizing
effect on society. There are concerns that divorce could undermine the sanctity of marriage and lead to
an erosion of traditional family values. Moreover, there is also the potential for abuse of the divorce
system, with some individuals using it as a way to resolve temporary marital conflicts.

With regards to historical context, the debate on legalizing divorce in the Philippines has been ongoing
for decades. The Catholic Church has been a powerful force in opposing any attempts to change the
existing laws. However, there has been a growing movement in recent years to challenge these norms
and push for the recognition of divorce as a legitimate option for those in untenable marriages.

Influential individuals who have contributed to the debate include lawmakers, activists, and legal
experts. Some have argued for a more liberal approach to divorce, citing the need to protect the rights
and well-being of individuals in unhappy marriages. Others have pushed for a more progressive
interpretation of human rights, advocating for the recognition of divorce as a fundamental aspect of
personal freedom. On the other hand, there are also influential figures who continue to uphold the
traditional stance against divorce, highlighting the potential negative impacts on society and family
values.

Looking to the future, it is likely that the debate on legalizing divorce in the Philippines will continue to
intensify. As the country becomes more integrated into the global community, there will be increasing
pressure to bring its legal framework in line with international standards. This includes recognizing the
right to divorce as a fundamental aspect of personal freedom and human rights.

In conclusion, legalizing divorce in the Philippines would have several significant benefits,

including providing an avenue for individuals in abusive or toxic relationships to seek an official end to
their marriages and move on with their lives, bringing the country in line with international standards of
human rights, and having positive economic impacts. However, there are also potential negative aspects
to consider, such as a potential increase in the dissolution of marriages and the erosion of traditional
family values. The debate on this issue is likely to intensify in the coming years as the country grapples
with the need to balance tradition with the demands of a modern, globalized society.