Will Philippines Legalise Divorce?

Will Philippines Legalise Divorce?

KAKALI DAS

In the Philippines, divorce is illegal. It is prohibited due to the significant influence of the Catholic Church. While annulment and legal separation are available options, terminating a marriage through divorce is not permitted.

The Philippines is one of the two nations globally where divorce remains prohibited, alongside the Vatican City, the spiritual center of the Catholic Church.

Now, the Philippines, an island nation, is seeking to amend this stance. The initial move has been made as the House of Representatives in Manila approved a bill to legalize divorce, with the next step being its deliberation in the Senate.

But will the bill pass?

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The Philippines is renowned for its stunning beaches, rich biodiversity, natural wonders, diverse cultural heritage, and delicious cuisine. However, there’s one thing that’s notably absent from its legal landscape: divorce.

In the Philippines, marriages are perceived as enduring indefinitely – it’s forever – whether one desires it or not. This perspective is deeply rooted in the country’s colonial history.

Before the 16^th century, divorce was permitted in the Philippines. However, with the arrival of Spanish colonization, lasting three centuries, the landscape changed. Roman Catholicism became the predominant religion, shaping both societal values and legal frameworks. This influence persisted even after the country gained independence.

Presently, approximately 79% of the population in the Philippines identifies as Roman Catholic, ranking among the highest percentages globally. This significant demographic presence shows the enduring influence of the church, which often wields considerable authority and influences decision-making processes.

Consider the Philippines constitution, which acknowledges the family as the cornerstone of the nation. Its legislation focuses on two primary objectives: safeguarding marriage and prohibiting divorce. Within the Catholic faith, marriage is revered as a sacred covenant, binding not only between spouses but also to God.

Thus, while couples in the Philippines can legally separate, divorce and remarriage are prohibited. However, it’s worth noting that these practices are not uncommon in other Catholic countries.

In recent decades, the Catholic Church has exhibited a degree of flexibility in its doctrines. Divorce has been permitted in countries with significant Catholic populations such as Spain, Ireland, and Argentina. Although divorce remains prohibited in the Philippines, legal separation is an option. However, there’s a catch: couples can live apart, but they are not permitted to remarry.

Additionally, there’s the option of annulment, but the legal process is notoriously slow and prohibitively expensive. Meaning, many unhappily married couples stay together. Unfortunately, this situation also means that women may find themselves unable to leave violent spouses.

Manila has upheld the ban on divorce for a considerable period, but sentiments have evolved in recent years. Local surveys indicate that half of the population supports the legalization of divorce. Even President Marcus Jr. has offered his support. However, significant resistance persists, particularly from the church and other groups. They argue that legalizing divorce will undermine the institution of marriage, potentially leading to a breakdown in family values.

Will the Philippines legalize divorce? The House of Representatives has already approved the bill for consideration. It will now proceed to the Senate. If the Senate also passes the bill, it will then be forwarded to the President for further review.

Indeed, this wouldn’t be the first attempt in the Philippines. Previous efforts have failed, but the recent advancement of the bill signals a changing mindset. Many contend that while marriages may be ordained in heaven, the option for divorce should be available on earth.

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