Why is divorce illegal in the Philippines? Can it change soon?

Divorce is illegal in the Philippines. However, there are hopes that this could change after a long-delayed bill legalising divorce was passed in the House of Representatives, the lower house of the Philippines’ Parliament, last week.

The Bill will reach the Senate in August and needs presidential assent to become law. The Philippines is the only other place besides the Vatican where divorce is not legal. But why is that?

Let’s understand.

Divorce and the Philippines

Divorce was not always a taboo in the Philippines. Before the island country was colonised by Spain in the 16th Century, divorce was allowed in the Philippines, as per Indian Express. 

In 1917, when the Southeast Asian country was under American colonisation, Filipinos could end their marriage in case of adultery or concubinage.

The law was expanded briefly during the Japanese occupation (1942-45) to allow Filipinos to get a divorce on 11 grounds, reported South China Morning Post (SCMP).

The divorce legislation was struck down in 1950 when the Philippines’ civil code was enacted. It was replaced by rules on legal separation, SCMP reported.

Divorce remains illegal in the Philippines largely because of the influence of the Catholic Church, noted The Diplomat.

Traditional Christians, especially Catholics, view marriage as a holy commitment to the spouse, as well as God and society, noted Indian Express.

According to the 2020 Census, Roman Catholics make up 78.8 per cent of the Philippines ’ population. Around 6.4 per cent of people identify as Muslims, the second largest group in the country.

Church leaders continue to have a sway over the island nation’s policies. Speaking to The Economist in 2020, sociologist Jayeel Cornelio of Ateneo de Manila University said that a marginal fall in the influence of Catholics over the country’s politics and lawmakers had been “offset by the growing importance of various Protestant sects” who oppose divorce, abortion and same-sex marriage.

What options do Filipinos have currently?

Filipinos who do not want to live with their spouses have only two options. They can either opt for legal separation or annul their marriage.

In case of legal separation, couples can live apart but it does not end the marriage, meaning both parties cannot remarry. It only allows the man and woman to separate their properties and live separately on the grounds of physical violence or grossly abusive conduct and marital infidelity.

In an annulment, the marriage is declared void like it never happened. However, there are only limited grounds for annulment such as marrying under the age of 21 without parental consent, mental incapacity at the time of the wedding, homosexuality and a “misrepresentation or fraudulent provision of the consent to marry”, reported SCMP.

However, annulling a marriage is not affordable for many as it can cost over 150,000 Philippine pesos (over Rs two lakh) to 300,000 Philippine pesos (about Rs four lakh).

Currently, only Muslim Filipinos can legally divorce under the island country’s Code of Muslim Personal Laws, noted SCMP. 

What does the new Bill say?

The Absolute Divorce Act allows divorce in a number of instances, including physical violence or grossly abusive conduct, drug addiction, habitual alcoholism or chronic gambling, and marital infidelity.

Known as the Absolute Divorce Act, the Bill was passed in the House with a narrow margin of 131 to 109 votes, with 20 abstentions.

“The decree of absolute divorce shall have the effect of judicial dissolution of a marriage where the divorced spouses return to their status of being single with the right to contract marriage again,” the official Philippine News Agency (PNA) reported.

Representative Edcel Lagman, the Bill’s author, said: “As the only country in the world besides the Vatican where divorce is still illegal, this is a clear and resounding victory and signals the imminent liberation for Filipino wives who are entombed in toxic, abusive, and long-dead marriages.”

He said the Bill provides “limited and reasonable grounds for divorce and a petition will have to undergo judicial scrutiny in order to prevent abuse and collusion of the parties, which is penalised”. Lagman further stated that the proposed legislation “does not recognise no-fault, quickie, drive-thru, email, or notarial” divorces, reported Philippine Star.

Women’s rights advocates have been calling for legalising divorce in the Philippines for years now. Ann Angala, one of the advocates, told SCMP that Bill’s passage had made her hopeful of the law’s enactment.

However, the divorce Bill could face obstacles in the Senate in August. In 2018, a similar legislation passed the House only to fail in the Senate. A senior Catholic clergyman had said at the time: “Divorce is a direct affront to the law ordained by God and specifically reiterated by our Lord Jesus Christ!”

Conservative lawmakers and Catholic and Christian groups continue to oppose the Bill. Senator Joel Villanueva, the son of a popular Christian evangelist in the Philippines, is one of the fiercest critics of divorce. Instead, he suggests making annulments more affordable.

“I urge members of Congress to reconsider the proposed divorce bill and instead focus on promoting policies and programmes that support marriage, strengthen families, and protect the well-being of all members of society,” Bishop Alberto Uy told the church-run radio station Radyo Veritas.

Despite pressures, local surveys show over half the population in the island country supports legalising divorce.

“Not everyone is lucky enough to be in a marriage that’s ideal and will surely last a lifetime,” one would-be divorcée told Business World in February. “While everyone dreams of marrying their Prince Charming, there are people like me who thought they had met their knight in shining armor only to find out he was actually a devil in disguise.”

She said divorce would help her get another chance at love. “Your life should not stop with you being married to the wrong person. I hope everyone gets a second chance at marriage — to be with the person who will appreciate and love you.”

With input from agencies