Divorce in the Philippines

1. Happily Ever After?
Divorce in the Philippine society

2. ◦“The first bond of society
is marriage.”
◦Marcus Tullius Cicero (106-43 B.C.)
Roman statesman and orator

3. MARRIAGE
◦“socially recognized and
approved union between
individuals, who commit to
one another with the
expectation of a stable and
lasting intimate relationship
(Skolnick, 2005).”

4. DIVORCE
◦“legislatively created,
judicially-administered
process that legally
terminates a marriage no
longer considered viable by
one or both of the spouses
and that permits both to
remarry (Levy, 2005).”

5. KEY TERMS
◦ Legal annulment: though rare today, means
the dissolution of marriage in the sense that
the marriage “never happened”.
◦ Children, if any, are considered
legitimate and child support can be
ordered (partners can remarry).
◦ Legal separation: a married couple
separates with a legally recognized
property and custody settlement (but
cannot legally remarry).
◦ Informal separation: a married couple
maintains separate residences (but cannot
legally remarry).
◦ Desertion: one partner leaves without the
other knowing where they live (neither can
remarry).

6. Divorce: dissolution of
marriage (partners can
remarry).

7. Divorce, as a legal
concept, rooted from the
history of Britain starting in
1857 as they abolished the
ecclesiastical courts and
rejected the Roman
Catholic origins of English
domestic-relations law
(Levy, 2005).
Blame the British

8. Filipino Families
today are more
exposed to a growing
number of diverse life
threatening problems
than any other
generation has ever
been.
FILIPINO FAMILY TODAY

9. DOMESTIC VIOLENCE

10. PHYSICAL, PSYCHOLOGICAL AND VERBAL ABUSE

11. INCREASING FRAGILITY OF MARRIAGE.

12. LEGAL SEPARATION,
DIVORCE, AND ANNULMENT
Differentiating Annulment from Legal Separation
and Divorce

13. Grounds for Annulment
◦ Minority
◦ Lack of authority of solemnizing officer
◦ Absence of marriage license
◦ Mistake in identity
◦ Incestuous marriages
◦ Void by reason of public policy
◦ Psychological incapacity

14. Grounds for Legal Separation
◦ Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a
child of the petitioner;
◦ Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
◦ Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such
corruption or inducement;

15. ◦ Final judgment sentencing the respondent to
imprisonment of more than six years, even if pardoned;
◦ Drug addiction or habitual alcoholism of the respondent
◦ Lesbianism or homosexuality of the respondent;
◦ Contracting by the respondent of a subsequent
bigamous marriage, whether in or outside the
Philippines;

16. ◦ Sexual infidelity or perversion of the respondent
◦ Attempt on the life of the petitioner by the respondent
◦ Abandonment of petitioner by respondent without
justifiable cause for more than one year

17. Why the Hiatus?
Status on Divorce Legislation

18. Why the Hiatus? : Status on
Divorce Legislation
◦ Legislation is the process or act of making law or a set of
laws by the legislative body or governing body in a
country.
◦ Philippines has the Senate and the House of
Representatives. Through this process, all bills are
proposed, ratified and even denied.
◦ One of the most controversial bills to be passed in the
HOR, together with RH bill (passed) and Gay or Same
Sex Marriage and FOI bill.

19. Why the Hiatus? : Status on
Divorce Legislation
◦ “Divorce” has been present in the Philippines long before the
arrival of the colonist (Spanish, American and Japanese)
◦ After the enactment of Civil Code of the Philippines on June 18,
1949, absolute divorce was prohibited.
◦ Legal separation became the means of separation between
married couples.
◦ Adultery (wife at fault)
◦ Concubinage (husband at fault)
◦ Attempt against the life of the spouse

20. Why the Hiatus? : Status on
Divorce Legislation
◦ Instances where “Divorces” is ‘allowed’
◦ Revised Family Code
◦ Marriage between Filipino citizen and a foreigner
◦ Divorce can be done abroad by the alien spouse
◦ Code of Muslim and Personal Laws (February 4,
1977) under the Presidential Decree 1083
◦ Allowed divorce or talag but only for MUSLIM
unions between Muslim parties, or when the male
party is a Muslim and the marriage is honored
according to Muslim law and culture

21. Why the Hiatus? : Status on
Divorce Legislation
◦ Attempts on/against Divorce Bill
◦ 1999-Rep. Manuel C. Ortega’s House Bill No. 6993
◦ 2001- Sen. Rodolfo G. Biazon’s Bill No. 782
◦ - Hon. Bellaflor J. Angara- Castillo’s Bill No. 878
◦ 2005- Rep. Lisa Masa- “the annulment process has been
expensive for most Filipinos and has not been responsive to the
needs of women, particularly the suffering from marital abuse”
◦ 2013- Marikina Rep. Marcelino Teodoro’s “Anti-Divorce and
Unlawful Dissolution of Marriage Act”

22. Deal or no deal?
The opposing views on the
Divorce Bill

23. Deal or no deal? The opposing views
on the Divorce Bill
◦ In the Philippines…
◦ There are instances where ‘divorce’ is legal
◦ 80% Catholic
◦ Philippine culture is largely founded on it familial relations

24. Deal or no deal? The opposing views
on the Divorce Bill
CHURCH
VS.
WOMEN’S RIGHTS ACTIVISTS

25. Deal or no deal? The opposing views
on the Divorce Bill
◦Church
◦ Why Divorce, when there’s annulment? (Family Code)
◦ Divorce can destroy the very cultural structure of the Philippines
◦ Sabi ni GOD

26. CBCP for Life
◦ “ensure that absolute divorce remains unacceptable in
the Philippine legal system, and maintains that legal
separation can be availed of by spouses in troubled
marriage, as provided under the Family Code, so they live
independently of each other but without the right to
remarry other persons.” - Anti-Divorce Bill/ HB 37

27. Deal or no deal? The opposing views
on the Divorce Bill
◦Women’s Rights
◦Psychological, Physical and emotional harm
◦Freedom of marriage and family

28. Why not Divorce?
The Role of Filipino Cultural Values in the
Society

29. Close Family Ties

30. Strong Religious Beliefs

31. Marital Sacredness

32. ACCESSIBILITY/VISIBILITY OF PARENTS

33. STRONG LOYALTY AND FIDELITY

34. “Ang Pag-aasawa ay Hindi Parang
Susubo ng Mainit na Kanin at
Iluluwa na Lamang Kapag Napaso.”
-Common Filipino Proverb

35. The End Thank you!