In a predominantly Catholic country, the strong position of the Church may be the main reason why the Philippines, along with Vatican City, is one of the few sovereign states to prohibit divorce. While Vatican City has only 900 inhabitants, most people being members of the clergy, the Philippines is home to more than a hundred million people. The Philippines also recorded 431,972 marriages in 2019. Many of these women suffer in silence in the Philippines. And yet, due to the absence of a divorce law, they are limited to their desperate situation. It is obvious that most of the people who are in favor of legalizing divorce in the Philippines are women. We cannot deny the fact that they are habitual victims of abusive marriages. Divorce could be the solution to these problems. It could provide protection to abused women and their children. This could save a woman from being beaten daily by a drunk husband. A divorce would not necessarily destroy the foundations of the family. This gives couples hope to rebuild their lives and have a normal relationship.
It is a reality that many suffer from abusive marriages. Why would anyone find themselves stuck in a marriage where love and respect no longer exist? Why deny them the chance to regain their freedom and happiness? Not legalizing divorce is a total injustice to these people. IV. Counterargument To say that divorce does not exist in current Philippine law is not correct. The prohibition of divorce in Philippine law applies only to Filipinos whose marriage is not subject to the Muslim code. Since the Philippine Marriage Act applies to all Filipino citizens even if they reside in a foreign country, the divorce ban for non-Muslim Filipinos is also of concern to Filipino expatriates. According to the announcement, the Philippines and the Vatican are currently the only two sovereign states in the world that still prohibit divorce. The announcement also stated that the approved bill contained the following grounds that can be invoked to file for divorce: In this procedure, the couple must prove that they have at least one of the following: Divorce should be legalized in the Philippines.
II. Background to the article This research paper, titled “Divorce Should Be Legalized in the Philippines,” aims to persuade readers by presenting various pieces of evidence that could change the reader`s perspective on the issue. Every day, Filipinos marry, give birth to children, separate and form different relationships, regardless of what the law says. The lack of a divorce law for non-Muslim Filipinos further complicates marital and family problems for many Filipinos. Clearly, our government has not met their needs. If the country wants to move forward, it must face the realities of married and family life for Filipinos in the Philippines and abroad. It must now pass a divorce law. Although tens and hundreds of thousands of dollars have been spent on annulment, there is still no guarantee that the courts will rule in favour of separation. In a position paper submitted to the House of Representatives by EnGendeRights Inc. founder and CEO Atty Clara Rita Padilla on February 5, 2020, it was revealed that marriage nullity cases are costly and inaccessible to poor women. In the absence of specific divorce legislation, the nullity of marriage makes it difficult for women in abusive relationships to finally free themselves from their husbands, leading to the perpetuation of domestic violence. He has already been challenged against the bill on moral grounds.
But the Catholic Church need not worry. The institutions of marriage and family have survived to this day, as they will survive a Philippine divorce law. We are a secular state where no religious group has the right to set laws or policies for the entire population. The law should only give people a choice based on their personal beliefs. We can clearly see that our Catholic orientation was a dominant factor. Divorce is something we should embrace. Remember that Spain is the root of Christianity, but divorce has been implemented. You benefit from it now. Many people fear that divorce could undermine the values and teachings of the Catholic Church. The cases of Italy and Spain (two Catholic countries that practice divorce) are clear evidence of their invalidity.
For other couples, legal separation is also an option. Here they can live in separate houses and divide their property, but the agreement does not separate the legal ties of their marriage; Therefore, both parties are not allowed to remarry. While cancellation is the ultimate goal for freedom-seeking couples, the process can be painful for others, especially the working class. Grounds for annulment include “fraud, impotence, confusion, or legal age of marriage.” However, legal cancellation procedures are extremely lengthy and costly: the processing time can range from four months to four years, with total fees ranging from around PHP140,000 to PHP725,000, which equates to $4,000 to $20,000. It would be better for a couple to separate instead of living together under one roof and sinning by their violence, which will affect and traumatize innocent children. In millions of homes, men and women trapped in marital bonds argue constantly, often in front of their helpless children, who grow up in a confused and violent environment.