The Family

CA1B1 W 3:00-5:00

“MARITAL SEPARATION TRENDS in the PHILIPPINES”

PART I: BACKGROUND OF THE ISSUE

In a largely conservative society such as the Philippines the concept of a family has been
confined to this structure. The Family Code of the Philippines recognizes a family constituted
through a union of a man and a woman. It classifies family relations as those between husband
and wife, between parents and children and among full or half-blood siblings. The reality,
however, is that “the Filipino family is in a transition,” said University of the Philippines
Population Institute Professor Grace Cruz in a paper presented in an Asian Institute of
Management conference in 2014. Cruz said family nowadays can be formed and separated in
various ways.

Divorce is rampant in the Unite States as the primary source to exist a union whereas
the Philippines is the only country in the world, aside from the Vatican City, where divorce is
not legal (Emery 2013). Divorce is the “legal separation of man and wife, effected, for cause, by
the judgment of a court, and either totally dissolving the marriage relation, or suspending its
effects so far as it concerns the cohabitation of the parties.” Although annulment and
declaration of nullity of marriage are available to terminate some marriages in the country, they
have many shortcomings, one of which is their high economic cost (Daytec-Yañgot 2015). In
Metro Manila, attorneys’ fees for matrimonial dissolution cases range from approximately
P20,000 to P1,000,000 or more for complex cases, with an average fee of P50,000 (Lopez 2006).
This does not include filing fees and other related expenses.

Under the law, divorce is not allowed in the Philippines except for Filipinos who are
married to foreigners and seek divorce in another country and Filipino Muslims who are
governed by the Code of Muslim Personal Laws of the Philippines, however, the Family Code of
the Philippines provides three remedies on the dissolution or suspension of marriage bonds: a)
legal separation, b) annulment of marriage, and c) declaration of nullity of marriage.

Legal separation allows the couple to live separately but restrains them from remarrying
because the prior marriage still legally exists (Emery 2013). Some of the grounds for legal
separation include repeated physical violence or grossly abusive misconduct, drug addiction or
habitual alcoholism, lesbianism or homosexuality, and sexual infidelity or perversion (Nolledo
1987). A declaration of nullity of marriage presupposes that the marriage was not only
defective but also null and void at the time it was celebrated, and the spouses can remarry after
fulfilling certain requirements (Gloria 2007). Henceforth, in annulment the marriage is declared
to have been defective at the time of celebration but is considered valid until the time it is
annulled (Fenix-Villavicencio and David 2000). Thus, the parties cannot remarry (Gloria 2007).
Some of the grounds for annulment of marriage include incapacity of either spouse to
consummate the marriage, either spouse having a sexually transmitted disease, the consent of
either spouse having been obtained through fraud, or either spouse having been of unsound
mind (Nolledo 1987).

Aside from the economic barriers on dissolving marriage in the Philippines, there is also
a strong stigma attached to having a union dissolved (Raposas 2008), particularly for women,
who are expected to keep the marriage together (Constable 2003). Despite these factors that
constrains most Filipinos from terminating unsatisfactory marriages, evidence still points to a
growing number of Filipinos who have had their marriage dissolved or sought their marriage
dissolved (Emery 2013). In 2014, Office of the Solicitor General (OSG) shows that over 11,135
cases were filed for nullity and annulment of marriages, equaling to 32 cases every day.

Historical Context

During the precolonial period, divorce was practiced by some ancestral tribes in the
Philippines – particularly among the Tagbanwans of Palawan, the Gadangs of Nueva Viscaya,
the Sagadans and Igorots of the Cordilleras, and the Manobos, B’laans, and Moslems of the
Visayas and Mindanao islands (House of Representatives, Republic of the Philippines 2010).
During this period, economic sanctions were imposed on the spouse who caused the
separation, or, in the absence of a clear cause, on the spouse who initiated the divorce or
separation (Fernandez 1976). For example, when a husband separated from his wife because
she had had an adulterous relationship, the wife was required to pay a fine, in addition to
returning the dowry. However, the dowry was not returned in cases where the wife left her
husband due to the latter’s fault (Fernandez 1976).

During the Spanish colonization of the Philippines and following the introduction of
Christianity, divorce was prohibited, and only legal separation was allowed (Fisher 1926).
Divorce was again permitted during the American period (1898‒1943, 1945‒ 1946) through Act
No. 2710, but the grounds were limited to adultery by the wife and concubinage on the part of
the husband (Feliciano 1994). These grounds were briefly expanded during the Japanese
occupation (1941‒1945) with the promulgation of a new divorce law, Executive Order No.141,
but this was repealed when the Commonwealth Government under the Americans was
established in 1944, and Act No. 2710 was reinstated (DaytecYangot 2015). Six years later, Act
No. 2710 was itself repealed with the introduction of the Civil Code of the Philippines on 30
August 1950 (Nolledo 1997). Under the Civil Code only legal separation was allowed. The Family
Code of the Philippines (Executive Order No. 209) took effect on 3 August 1988, and it replaced
the Civil Code’s provisions on marriage and the family, under the Family Code divorce is not
allowed in the Philippines.

PART II: PROs and CONs

The Philippines as a predominantly Catholic country draw different debates and

arguments regarding divorce of marriage. Roughly 80% of the population is Roman Catholic and
is one of only two countries where divorce remains illegal. Currently, the legal recourse
available to Filipinos who want exit to failed union is through annulment or petition for legal
separation which costs a premium against average Filipino earning. Nevertheless, the high rates
of divorce petitions and annulment cases raise questions regarding, the long- and short- term
impacts of both marital separations. The ripple effects of divorce are often felt widely, not only
within the couple, but within children, extended family, and friends. The stress that often
accompanies divorce can yield negative effects (Lau, 2007), but research has also identified the
potential for positive effects of divorce, especially when the dissolved relationships were
previously high in conflict (Amato & Booth, 1991).

In general, research has illuminated several negative social and emotional consequences
of divorce. Children from divorced families tend to have more anger issues and respond with
hostility more often (Mack, 2001). Their family relationships are weaker in terms of closeness,
distance and distress with their parents compared with children from intact families (Mack,
2001).

Furthermore, parental conflict is one factor that has a significant effect on children.
Study made by Oppawsky let to the positive relationship of the latter to the level of fear,
sadness, shame, and hatred toward parents and negatively associated with the academic
success of children. As parental conflict increased, the child’s self-esteem went down.

Developmentally, the timing of a divorce has different effects on children who

experience parental divorce (Haukkala, & Aro, 2011). For example, Oppawsky, (2000) reported
that adolescents are in a different developmental stage than younger children. They begin to
have more independence and desire to move out; whereas, younger children do not have the
luxury of moving out but may accept the family dynamic more than the adolescent who has
experienced more changes in the family). Those who were older had stronger feelings
regarding the divorce, and they too expressed a desire to have a closer relationship with their
non-custodial parent for both males and females. Additionally, Amato and Afifi (2006) found
that younger children had a harder time and had lower quality of relationships with their
parents than older children did.

Another consideration is gender differences and how parental divorce can negatively
affect boys and girls (2011). Undheim (2005) found that when compared to girls, boys
developed more agitated aggressive behavior following parental divorce. Both genders had
significant levels of depression, the females in the study showing greater depression levels
compared to males.

According to Landucci (2008), children may also feel the impact of divorce or marital
separation into the classroom. Studies comparing the school records of children from one-
parent and two-parent families have found that children raised in one parent homes have an
increased risk of poor academic achievement. Moreover, Whitemarsh (2008) found that some
children from broken homes may show decreased functioning in academic performance and
display oppositional behavior, or signs of mixed anxiety and depression. Whitemarsh further
noted diminishing ability to concentrate in class, declining attendance and willingness to
participate in class which indicate that a child is having difficult time adjusting to a change in
family dynamics.

Positive Effects

Although many negative effects from marital separation are more evident through
researches, some potential positive effects are taken with consideration. There are obvious
reasons why divorce may be a positive decision, such as, leaving an abusive relationship,
adultery, and severe addictions. However, there are also other positive outcomes for some
divorced families that are less noticeable such as, economic success, increased confidence, and
learning how to become more independent (Mack 2001).

Separation and divorce can lead to new opportunities which can have positive impacts.
In a study, a person may divorce because the spouse was abusive and was extremely
controlling. Now that he or she is divorced, they have more safety and freedom to do what they
want and create their own boundaries. The parents’ view and experience of the separation can
rub off on how the children view the experience. Cartwright (2006) found when interviewing
young adults, a few of them viewed the divorce positively. Some of the participants felt that
their parents were happier and that if the marriage had continued that they would not have
been as happy. Another prominent theme was that one of their parents was difficult to be
around and because of the divorce the children did not interact with that parent as much.
Many of the participants felt that the experience of divorce allowed them to mature faster,
become more independent and that they had learned from the experience.
 Ironically, another positive of parental divorce is that may develop greater confidence.
Mack (2001) found that adults who experienced marital separation scored slightly higher on
confidence levels than adults from intact families. Although the research is not clear, this could
be that children who have experienced broken family have learned survival techniques or have
a good model of confidence in one or both of their parents. Additionally, children who
experience marital separation may be afraid of being open in a relationship and rely on
someone else, thus learning to be more self-reliant.

PART III: STAND

As a Christian who value the word of GOD, I disagree with marital separation but with
various exceptions. I believe with the sacrament vested in a marriage thus two people binding
themselves into one in front of Christ is a lifelong vow and obligation. “For this reason, a man
will leave his father and mother and be united to his wife, and the two will become one
flesh?" So they are no longer two but one. Therefore, what God has joined together, let man
not separate" (Matthew 19:4-6). God's perfect will is the preservation of society and future
generations by the preservation of marriages. God will give anyone great help in sustaining a
marriage relationship or in the reconciliation of estranged marriage partners.

It is our task our Christian to search and choose the right partner for lifetime. We have
the freedom to choose our half but, in several instances, it is done with intimidation, violation
and in the absence of consent which cut ties with the freedom. In other instances, marriage is
done in fraud or by mistake. Consequences from the latter made the relationship weak from
marital separation, with severe grounds such relationship should be ended. In extreme cases,
there are only two grounds for separation, divorce and remarriage.

When adultery has taken place, a divorce can be obtained, because adultery has
already severed the marriage relationship and divorce is a formal acknowledgment of what
has already taken place.

The apostle Paul added to the teachings of Jesus what is called the "Pauline privilege."
According to this concept, Paul taught that if an unbelieving spouse leaves a believer, the
believer is not bound to the marriage relationship, but is free to remarry" (1 Corinthians
7:15). And some people recognize such a thing as a "constructive desertion," which would be
when a husband so brutalizes his wife that it is impossible to live with him any longer; or
when a wife has so harassed or brutalized her husband that it becomes impossible for him to
stay with her. When that happens, whether the person moves out, the situation is the
equivalent of desertion, and divorce and remarriage are permissible.
 Except for these reasons, there is no justification given in the Bible for divorce. No
grounds exist for divorce based on incompatibility, lack of love, or differing career goals.

References:

Constable, N. (2003). A transnational perspective on divorce and marriage: Filipina wives and
workers. Identities: Global Studies in Culture and Power.

Daytec-Yañgot, C.L. (2015). Till the judge do them part: The prospect of absolute divorce in the
Philippines.

Emery, R.E. (2013). Cultural sociology of divorce: An encyclopedia. Thousand Oaks: Sage
Reference.

Feliciano, M.S. (1994). Law, gender, and the family in the Philippines. Law and Society
Review28(3): 547‒560

Fenix-Villavicencio, V. and David, R.J. (2000). Our right to self-determination: PILIPINA’s position
on the issues of divorce and abortion. Quezon City: PILIPINA

Fernandez, P.V. (1976). Custom laws in pre-conquest Philippines. Quezon City: U.P. Law Center.

Fisher, F.C. (1926). A monograph on marriage and divorce in the Philippines. Manila and
Rochester: The Lawyers’ Cooperative Publishing Company.

Gloria, C.K. (2007). Who needs divorce in the Philippines? Mindanao Law Journal 1: 18‒28.

House of Representatives, Republic of the Philippines (2010). House Bill 1799, An act amending
Article 26 of Executive Order of 209, as amended, otherwise known as the Family Code of the
Philippines, and repealing Article 36 of the same Code, and for other purposes, 1st Session,
15th Cong, 2010, at explanatory note. Quezon City: House of Representative, Republic of the
Philippines.

Nolledo, J.N. (1997). Family code of the Philippines annotated. Mandaluyong City: National
Bookstore.

Oppawsky, J. (2000). Parental bickering, screaming, and fighting: etiology of the most negative
effects of divorce on children from the view of the children. Journal of Divorce & Remarriage

Raposas, T. (2008). Marriage and domestic violence: A fatal combination in the Philippines,
where divorce is illegal [electronic resource]. San Francisco: Independent Media Institute.
http://www.alternet.org/story/74044/marriage.