Divorce in the Philippines

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Divorce in the Philippines is a process to dissolve a marriage that is not typically legally available to Filipino citizens. The Muslim Personal Code, however, allows for divorce for couples who got married through the Islamic rite under specific circumstances.

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The Philippines is often cited as the "only country in the world" where divorce is illegal, aside from the Vatican City since Malta legalized it in 2011. [1] [2] [3] Annulment is the only legal route to get out of a marriage for most citizens of the Philippines.

Couples may also opt for legal separation, alternatively referred to as 'relative divorce', although this process does not dissolve the marriage. Relative divorce is contrasted with 'absolute divorce', a setup where previously married individuals are allowed to remarry. [4]

There has been several attempts to legalize absolute divorce in the Congress.

History

Spanish colonial era

During the Spanish era in the Philippines, absolute divorce is unrecognized. The colony was under the jurisdiction of the Siete Partidas , which only granted couples 'relative divorce' which is mensa et thoro or legal separation and does not legally dissolve the actual marital ties. The following are the prerequisite for a relative divorce under the Siete Partidas. [4] [5]

American colonial era

The United States would take over the Philippines after the conclusion of the Spanish–American War. During this period Act No. 2710 or the Divorce Law became law on March 11, 1917. The legislation provided for divorce a vinculo matrimonii or 'absolute divorce'. Divorce permissible was fault-based with the following prerequisite. [5]

Japanese occupation

When the Japanese Empire occupied the Philippines during the World War II, the Japanese installed Philippine Executive Commission issued Executive Order No. 141 on March 25, 1943 which repealed Act No. 2710 and expanded the divorce law in the archipelago through the new decree providing eleven grounds for a valid absolute divorce. [5] Following the end of Axis occupation of the islands and the proclamation of the revival of the Philippine Commonwealth on October 23, 1944 by General Douglas MacArthur, [4] Act No. 2710 was once again the prevailing law on divorce matters in the Philippines. [6]

Post-Commonwealth and contemporary era

Following the Philippines independence from the United States in the Philippines in 1946, Act No. 2710 remained applicable for a time. Until the enactment of the Republic Act No. 386 or the Civil Code on August 30, 1950 which only allowed for legal separation or what was before known as 'relative divorce' and does not allow for absolute divorce. [4] The grounds were adultery/concubinage by a spouse and an attempt on one's life of one spouse over another. There was deliberation within the Code Commission to include provisions on absolute divorce which was opposed by conservatives. [6]

The Civil Code would be updated through the Family Code in 1987 but the newer law still did not allow for absolute divorce. [6] The Civil Code allows for divorce for Muslims for a period of twenty years.

In 1977, President Ferdinand Marcos enacted the Code of Muslim Personal Laws which included absolute divorce provisions for Muslims.

Presidents Gloria Macapagal Arroyo, [7] [8] Benigno Aquino III, [9] [10] and Rodrigo Duterte [11] has expressed they would not support the passage of an absolute divorce bill during their presidencies. Although Aquino mentioned he was open to a 'legal separation' law which would allow couples to re-marry. [9]

Current president Bongbong Marcos has said that he was open to legalizing divorce when he was still a candidate for the 2022 presidential election provided that the option "would not be easy". [12]

By custom or rite of union

Indigenous people

The dissolution of marriages conducted under indigenous people's rites through divorce are not recognized by the government. [13]

Several cultures recognize divorce in their marriages including the Ibaloi of Benguet, [13] Tagbanwa of Palawan, Gadangs of Nueva Vizcaya, the Kankanais and Bontocs of the Cordilleras, and the Manobos and B'laans of Mindanao. [5]

Muslims

The Code of Muslim Personal Laws of 1977 does allow for divorce for Filipino Muslims, many of who are part of the Moro people. [14]

Transnational marriages

Where a non-Filipino is married to a Filipino citizen and a divorce is obtained abroad by the non-Filipino spouse, the Filipino spouse can remarry under Philippine law, [15] even if the non-Filipino spouse acquired foreign citizenship after the marriage. [16]

Legalization

Current proposals

The following are the current proposal to legalize divorce in the current 19th Congress of the Philippines.

Opposition

The legalization of divorce has been opposed on religious grounds. Among those groups who oppose it are the Roman Catholic Church. [20]

Opponents of legalization of divorce has also argued that the state sanctioning such process is unconstitutional on the basis of the provision which mandates the state to uphold the "sanctity of marriage and its being the foundation of the family". [21] [22] [23] [24]

Views of religious groups

Catholic Church

The Roman Catholic Church in the Philippines through the Catholic Bishops' Conference of the Philippines (CBCP) has historically lobbied against any legislation to legalize absolute divorce in the country viewing the sanction of the state of such process as "anti-marriage" and "anti-family". [20] [25] It already maintains that the process of legal separation and annulment for aggrieved married couples are already sufficient. [26]

Bishop Socrates Villegas as CBCP President in 2015, in a published position argued that legalizing divorce is contrary to human rights especially of the children of divorce couples. He says that allowing divorce would deter couples from working on their relationship first. He says that children whose married parents already availed legal separation are already traumatized and that divorce would allow "a total stranger" to enter their lives in a form of a new legal spouse which would make their situation worse. [27]

Other Christian groups

The Iglesia ni Cristo prohibits its members from availing divorce, and maintains that couples in a troubled marriages should work on their differences. [28] [29]

Bishop Modesto Villasanta of the United Church of Christ in the Philippines (UCCP) meanwhile expressed that his group is open to discuss the issue of divorce. Villasanta states that it is "up to the Church on how they will teach their people the importance of marriage and not on barring its (a divorce bill's) approval". [30]

Alternatives to divorce

While divorce is largely not recognized by the state. Marriages can be ended in the Philippines through annulment or declaring it null and void. Couples can also avail of legal separation. [31]

MethodGroundsLimitationsNotes
Legal separation
  • Repeated violence and physical abuse
  • Sexual infidelity
  • Conviction of a criminal offense with a penalty of more than six years
  • Abandonment
Either parties cannot remarry or have sexual relations with a third party
Declaration of nullity of marriage
  • Nonvalid marriages
    • Minors married without parental consent
    • Married by an unauthorized person
    • Bigamous marriages
    • 'Mistaken identity'
    • Incestuous marriages

Children arising from couples under voided marriages are considered as illegitimate

Annulment
  • Minors married without parental consent
  • Individuals who have been of 'unsound mind' at the time of marriages
  • Couples married under 'deceitful circumstances'
    • Included failure of one to inform the other party:
      • Infliction of a sexually transmitted disease
      • Pregnancy involving another man
      • Criminal conviction of one party
      • Addiction
      • Impotence
      • Homosexuality
  • 'Psychological incapacity' of one party which caused the inability to perform one's marital obligations
Marriage is considered valid by the state until the point it was annulled

See also

Related Research Articles

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1.

Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

<span class="mw-page-title-main">Annulment</span> Legal procedure for declaring a marriage null and void

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

<span class="mw-page-title-main">Consummation</span> First sex act as part of a marriage or relationship

In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, following their marriage to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no contraception must be used.

No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.

Covenant marriage is a legally distinct kind of marriage in three states of the United States, in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce. Louisiana became the first state to pass a covenant marriage law in 1997; shortly afterwards, Arkansas and Arizona followed suit. Since its inception, very few couples in those states have married under covenant marriage law.

<span class="mw-page-title-main">Husband</span> Male spouse; man who is married

A husband is a man involved in a marital relationship, commonly referred to as a spouse. The specific rights, responsibilities, and societal status attributed to a husband can vary significantly across different cultures and historical periods, reflecting a global perspective on this role.

<span class="mw-page-title-main">Grounds for divorce (United States)</span>

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.

<span class="mw-page-title-main">Divorce law by country</span> Overview of divorce laws around the world

Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.

Divorce in the United States is a legal process in which a judge or other authority dissolves the marriage existing between two persons. Divorce restores the persons to the status of being single and permits them to marry other individuals. In the United States, marriage and divorce fall under the jurisdiction of state governments, not the federal government.

Largely unrecognised by modern courts, concubinage – the formal position of a mistress maintaining a religiously-sanctioned partnership with a man to whom she is not wed – has a varied history when it has appeared in Canada.

<span class="mw-page-title-main">Divorce law in Sweden</span>

Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, custody and the division of property. Divorce restores the status of married people to individuals, leaving them free to remarry. The divorce laws in Sweden are known to be considerably liberal compared to other jurisdictions.

<span class="mw-page-title-main">Divorce in England and Wales</span>

In England and Wales, divorce is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation.

<span class="mw-page-title-main">Divorce in Francoist Spain and the democratic transition</span>

Divorce in Francoist Spain and the democratic transition were illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed to divorces, whether on religious or civil grounds.

<span class="mw-page-title-main">Sharia in the Philippines</span>

Shari'ah or Islamic law is partially implemented in the legal system of the Philippines and is applicable only to Muslims. Shari'ah courts in the country are under the supervision of the Supreme Court of the Philippines.

<span class="mw-page-title-main">Secularism in the Philippines</span> Overview of secularism in the Philippines

Secularism in the Philippines defines the relationship of the Philippine government with religion. Officially the Philippines is a secular state, but religious institutions and religion plays a significant role in the country's political affairs. Legal pluralism also persist with the application of Islamic personal laws for the country's Muslim population.

The Code of Muslim Personal Laws is a legislation in the Philippines covering Muslims in the country which came into effect through Presidential Decree No. 1083 in 1977.

<span class="mw-page-title-main">Recognition of same-sex unions in the Philippines</span>

The Philippines does not legally recognize same-sex unions, either in the form of marriage or civil unions. The Family Code of the Philippines defines only recognizes marriages between "a man and a woman". The 1987 Constitution itself does not mention the legality of same-sex unions or has explicit restrictions on marriage that would bare same-sex partners to enter into such arrangement.

References

  1. ↑ Santos, Ana (June 25, 2015). "The Only Country in the World That Bans Divorce". The Atlantic. Retrieved April 13, 2023.
  2. ↑ "The Philippines: a global holdout in divorce". New Internationalist. July 5, 2011. Archived from the original on April 15, 2023. Retrieved April 15, 2023.
  3. ↑ Hundley, Tom; Santos, Ana (January 19, 2015). "The Last Country in the World Where Divorce Is Illegal". Foreign Policy. Retrieved April 15, 2023.
  4. 1 2 3 4 Juco, Jorge (April 1966). "Fault, Consent and Breakdown-The Sociology of Divorce Legislation in the Philippines" (PDF). Philippine Sociological Review: 67–76. Retrieved April 13, 2023.
  5. 1 2 3 4 Foja, Alnie (August 2017). Reintroducing Absolute Divorce in the Philippines & Thoughts on the Divorce Bill (Monograph Series No. 2 ed.). UP Diliman Gender Office. Retrieved April 13, 2023.
  6. 1 2 3 "Women's Priority Legislative Agenda for the 18th Congress: Adopting Divorce in the Family Code" (PDF). Philippine Commission on Women. Retrieved April 13, 2023.
  7. ↑ "Philippine President Arroyo Opposes Constitutional Amendments, Divorce". Wall Street Journal. July 6, 2001. Retrieved April 15, 2023.
  8. ↑ "Arroyo opposes divorce bill". News24. March 19, 2005. Retrieved April 15, 2023.
  9. 1 2 Beltran, Jill (August 19, 2010). "Aquino won't support divorce (12:59 p.m.)". SunStar. Retrieved April 13, 2023.
  10. ↑ "Divorce? No way, stresses Philippine government". The Korea Herald. January 7, 2013. Retrieved April 13, 2023.
  11. ↑ Salaverria, Leila (March 20, 2018). "Duterte opposed to divorce – Roque". Philippine Daily Inquirer. Retrieved April 15, 2023.
  12. ↑ Patag, Kristine Joy (March 19, 2022). "Marcos open to divorce, 'but don't make it easy'". The Philippine Star. Retrieved April 15, 2023.
  13. 1 2 Pulta, Benjamin (June 8, 2021). "SC rules in favor of Ibaloi heirs claim on father's estate". Philippine News Agency. Retrieved April 13, 2023.
  14. ↑ "Shariah Law and the Code of Muslim Personal Laws". Institute for Autonomy and Governance. Sun Star Davao. January 21, 2015. Retrieved April 15, 2023.
  15. ↑ "Family Code of the Philippines". Archived from the original on August 19, 2000. Retrieved September 6, 2006.
  16. ↑ "Republic of the Philippines vs Orbeceido". Lawphil Project. Arellano Law. Retrieved January 26, 2018.
  17. ↑ Quismoro, Elson (February 23, 2023). "Many marriages are 'mistakes', says pro-divorce solon". Manila Bulletin. Retrieved April 15, 2023.
  18. ↑ Torres, Sherrie Ann (July 12, 2022). "Hontiveros files 'no-fault' divorce bill amid church objection". ABS-CBN News. Retrieved April 13, 2023.
  19. ↑ Cruz, RG (February 20, 2018). "House panel drops chronic unhappiness, no-fault provision in divorce bill". ABS-CBN News. Retrieved April 13, 2023.
  20. 1 2 Patinio, Ferdinand (September 18, 2019). "No need for divorce, legal methods available for couples: CBCP". Philippine News Agency. Retrieved April 16, 2023.
  21. ↑ Rosario, Ben (August 20, 2021). "Oppositors confident 'unconstitutional' divorce bill will not get Lower House nod". Manila Bulletin. Retrieved April 16, 2023.
  22. ↑ Diaz, Jess (March 16, 2018). "'Divorce law will violate Constitution'". Philstar.com. The Philippine Star. Retrieved April 16, 2023.
  23. ↑ Fides, Agenzia (September 20, 2019). "Bishops: No to bills on divorce, anti-constitutional and anti-family - Agenzia Fides". Agenzia Fides. Retrieved April 16, 2023.
  24. ↑ "Our Right To Self-determination: Pilipina's Position On The Issues Of Divorce And Abortion" (PDF). Friedrich-Ebert-Stiftung. 2000. Retrieved April 16, 2023.
  25. ↑ "CBCP: Divorce bill 'anti-marriage and anti-family'". CNN Philippines. February 23, 2018. Archived from the original on February 25, 2018. Retrieved April 16, 2023.
  26. ↑ Medenilla, Samuel (September 22, 2019). "CBCP: Divorce unconstitutional in PHL; legal methods available". Business Mirror. Retrieved April 16, 2023.
  27. ↑ "CBCP Position against the Divorce Bill and against the Decriminalization of Adultery and Concubinage". CBCP Online. Retrieved April 16, 2023.
  28. ↑ "For they are no longer two, but one". Iglesia Ni Cristo. November 23, 2022. Retrieved April 16, 2023.
  29. ↑ Alignay, Moses (September 30, 2021). "What Does the Bible Say About Divorce?". INC Media. Retrieved April 16, 2023.
  30. ↑ Escareal-Go, Chiqui (2014). "Driven to Survive: Four Filipino Women CEOs' Stories on Separation or Annulment". Philippine Social Sciences Review: 52. Retrieved April 16, 2023.
  31. ↑ "Is the Philippines Ready for Divorce?". Philippine Daily Inquirer. July 9, 2011. Retrieved April 16, 2023.
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