TARLAC STATE UNIVERSITY

READINGS IN PHILIPPINE HISTORY

GROUP PAPER RESEARCH

DIVORCE LAW IN THE PHILIPPINES

ALDABON, ALLEN EDWARD R.

CALMA, CHRISTIAN NEO Y.

DEL MAR, CHRISTOPHER R.

LANUZA, REGINE T.

LERONA, FRANCIS ALBERT M.

RIVERA, JERICO IAN G.

SAN JUAN, ROCHELLE H.

SERINAS, MARCK GLEN F.

(BSCS 2-A)

DECEMBER 2022
BACKGROUND OF THE PROBLEM

Divorce is defined as the “legal termination of marriage”, which permanently cuts the
marital relationship of spouses. Such practice has been accepted and allowed in most sovereign
countries, the only exceptions being the Philippines and Vatican City (Philippines: House of
Representatives Bill on Divorce Approved in Committee, Referred to House Plenary for Debate,
2021). The Vatican City is a sovereign nation overseen by the leader of the Catholic Church, a
belief system that forbids divorce. In the Philippines, on March 11, 1917, the Act. No. 2710
brought up absolute divorce to replace the civil laws during the Spanish rule, which were limited
to relative divorce or legal separation. Crimes such as adultery or concubinage were used as
grounds for divorce under the new law. This law had several changes over time, such as being
repealed, reinstated, and eventually replaced until the enactment of the now present Family
Code in 1987 (Executive Order No. 209, S. 1987 | GOVPH, 1987). Divorce is strictly not allowed
in the Philippines, however, an exception to this are the Muslims in the country. According to
the Presidential Decree No. 1083, s. 1977, also known as “A DECREE TO ORDAIN AND
PROMULGATE A CODE RECOGNIZING FOR ITS ADMINISTRATION AND FOR OTHER
PURPOSES”, in the Philippines, Sariah courts were established, which are permitted to handle
divorces involving Muslims or in other situations where the husband is Muslim and the marriage
was conducted according to Muslim rituals. This is the sole divorce law that is currently allowed
and in effect in the country (Presidential Decree No. 1083, S. 1977 | GOVPH, 1977a).

Although divorce is not approved by the Philippine government (excluding Muslims),

alternative options were made available such as annulment and legal separation. Unlike a
divorce which acknowledges the validity of the marriage and formally dissolves it, a granted
annulment by the court treats the marriage as if it never happened because it was invalid in the
first place. This is a complex process that evaluates these annulment petitions using the
grounds specified in the Philippine Family Law. A legal separation, however, differs from the
two because the marriage is still acknowledged as valid and existing, only that their possessions
and right to live separately are recognized. Despite these presented alternatives, issues were
still bound to happen, especially for poor Filipino couples that employ informal separation
instead of annulment and nullity of marriage cases due to their expensive costs, drawn-out
processes, and unclear outcomes. According recent study and data analysis, existing trends
towards marriage dissolutions in the Philippines have also been increasing in the past decades.
Such as the increase of marriage dissolutions being linked to the increase of nonmarital
cohabitation, which is the agreement of couples to have a sexual relationship under one roof
without being married. This was speculated to be a result of couples being more aware of the
strain of marriage and its associated expenses (Abalos, 2021). Another factor is the reduced
stigma among women in present’s society on topics regarding marriage dissolutions and
separation.

Divorce describes the frequently messy and traumatic breakdown of a marriage. Divorce
is not an uncommon event today. It is a topic that has been talked about, either personally or
through knowing someone who has experienced it as a spouse or child. Although the impacts of
divorce are generally documented, the specifics of the divorce process are more detailed and
less known. Broken families and relationships have existed over the course of Philippine history.
One of the most common reason for family dissolution in contemporary nations is divorce.
Although divorce may perhaps be the only option for a couple to coexist peacefully, one must
take into account a number of considerations before making such a decision.

ISSUE

Apart from the Vatican, the Philippines is the only country in the world without a
universally applicable divorce law. (Philippine Commission on Women, n.d.)

Divorce is illegal in the Philippines, unlike in many other Western countries, according to
the Family Code of laws. A Filipino citizen's only choice is annulment in most situations. This is
not the same as a decree declaring a marriage null and void. This means that the marriage was
illegal from the start. It was not legal due to the clergy's incorrect agreement or performance.
(Acknowledgment of Divorce in the Philippines, 2022)

In research from Philippine Commission on Women (n.d.), there is no legal remedy

available in the Philippines to dissolve valid marriages due to the absence of a divorce law.
Except for the provisions on divorce under Presidential Decree No. 1083 or the Code of Muslim
Personal Laws, which have limited applicability, and Article 26 of the Family Code, which allows
for the judicial recognition of divorce decrees obtained abroad where the marriage was between
a Filipino citizen and a foreign national, this is the case. Legal remedies for spouses in troubled
marriages are not only limited but have also been shown to be lengthy and expensive, to the
point of being prohibitively expensive, particularly for spouses who are solely engaged in
domestic work.

Some spouses attempt to file such cases in the hopes of demonstrating that the
breakdown of their marriage was caused by their spouses' fault (e.g., infidelity, physical or
sexual violence directed against the spouse or their child, drug addiction), only to discover that
their only legal recourse is legal separation, a remedy that does not actually sever their marital
ties and does not allow them to remarry. This only allows spouses to live apart from the
offending spouse and divide their assets, among other things. It also does not protect them
from being charged with adultery or concubinage as a form of retaliation by their legal spouses
if they decide to enter into new relationships. Such unions also result in children who lack legal
status and suffer as a result. (Philippine Commission on Women, n.d.)

These limitations minimize the requirement for the comprehensive healing of domestic
abuse victims, the majority of whom are female. According to the 2017 National Demographic
and Health Survey (NDHS), nearly one in every four women who have ever been married has
experienced physical, sexual, or emotional abuse at the hands of their current or most recent
husband/partner. The most prevalent types of spousal violence against married women today
include emotional abuse and other non-personal forms, with 19% of them reporting physical
abuse from their husbands. Due to the lack of an absolute divorce law, many of these women
continue to be married even though some of them seek protection orders and take legal action
against their abusive partners. Due to cultural stereotypes and our country's current legal
system, the burden of failed marriages usually falls on women. Sometimes women are the only
ones who can support their children, juggling this responsibility with internal struggles like
loneliness and social stigma.

Allowing divorce in the Philippines is one of the pet bills of Senators Risa Hontiveros
(Dissolution of Marriage Act), Raffy Tulfo (Divorce Act of 2022) and Robin Padilla (Divorce Act
of the Philippines). A survey conducted by the Social Weather System (SWS) in 2017 showed
that an average of 53 percent of adult Filipinos were in favor of the legalization of divorce in the
country.

The Philippines proudly boasts to be the only Christian nation in Asia. More than 86
percent of the population is Roman Catholic, 6 percent belong to various nationalized Christian
cults, and another 2 percent belong to well over 100 Protestant denominations. Due to the
large influence of Catholics in the Philippines, one of the main issues is why divorce is not
legalized.

Even though there are still alternate ways, one of which is annulment, it is not enough
for advocates of divorce. Unlike divorce, annulment does not terminate a valid marriage on
grounds that occur after the wedding vows; rather, annulment can only render a marriage null
and void from the beginning—meaning it was never valid in the first place because of various
conditions that already existed before the marriage vows were exchanged. Since there is no
divorce in the Philippines, annulment is the only option for Filipino couples who want to break
up their marriage. Annulment proceedings cost at least P200, 000, which most Filipinos cannot
afford. And another alternative is legal separation. Persons stuck in marriages marked by
repeated physical violence and abuse, pressure to change religious or political affiliation,
inducement to prostitution, drug addiction and alcoholism, homosexuality, bigamy, sexual
infidelity, and abandonment of more than one year have another option: legal separation. This
remedy, however, only allows spouses to "live separately from each other, but the marriage
bonds shall not be severed."

RESOLUTION

History and Religion

Rooted to the history and religion of Filipinos, divorce is unaccepted way back the Spanish
colonization era which friar forbids dissolving of marriage. Spaniard brings Christianity to the
Philippines which then grow and promulgate through the country.

According to Lawyer Philippines (2022), Spain strictly do not implemented divorce but
consider Siento Partidos or legal seperation. Througout the 300 years of being enslave, there
comes the American which introduced a divorce that has a limitation in 1917. It is Act No. 2710
in which criminal offense must first commit an adultery before the divorce is granted. Japanese
then include dissertation, abandonment and abuse and others which is written Executive order
141.

But after the claim of independence, the divorce is restricted again with the power of
Catholic Church and until now the legal seperation and annulment is the only option that
Filipinos have.
 Catholics still disagree about the legalization of divorce because of their beliefs.
Eventhough, majority of Filipinos now agree to the divorce bill. (Social Weather Station, 2018).
Thus, churches are first to restrain a divorce bill. CBCP News (2020), aside from the Vatican
City, Catholics in Philippines will remain stand firm against the billing of divorce adding that it
destroy a gift which is marriage and should be protected at first.

Foreign Divorce

Filipinos are global, everywhere in the world you can see them. Some are married to other
race, but as these countries legalize divorces our countrymen doesn't have to be worried when
it comes to acknowledging that decree here in the Philippines.

The amendment in Article 26 of The Family Code of the Philippines stated that when a
divorce between Filipino and foreigner is recognized considering it is legally valid to the
foreigner's national laws, the Filipino can remarry again under the Philippines law. But, if both
Filipino are married here in the Philippines and obtained a divorce abroad, the Philippine
constitution will not recognize it, not until one of them is acquired and alien citizenship (Nicolas
and De Vega, n.d).

This way of divorce can't be accessible for everyone because it is just applicable for the one
who acquired citizenship with the jurisdiction of foreign law. Considering applying for citizenship
will take time as well money. This is clearly a fact that even divorce is illegal here in the
Philippines, it is recognizable if one of the couple is a citizen abroad. But then, if someone can
afford to live in other countries the validity is assured to be recognized.

The privilege of irreconcilable couple here in our country to take part ways has very little
chance. To somehow to get loose in a marriage in which is acceptable in the law, they go
through for annulment or legal separation in which legal in the country but differently to the
divorce.

Annulment and Legal Seperation

To break a marriage, the constitution make exception to a circumstances but works

differently for divorce.

Britannico (2022), explain that Declaration of Nullity of Marriage or Annulment can make a
marriage dissolved completely like it doesn't happen in the first place. With a valid reason such
as a wedding is incestous, falsified consent, impotence, bigamy and know it before 5 years of
marriage then it can be declared as null. Then, both can remarry again, also the advantage is
that it is fast to obtain.

Unlike for Legal Seperation, this can be long way to go, fighting, expensive and still cannot
obtain freedom for the spouse because the marriage is still active though the couple would not
need to share the same bed or live under the same roof. The grounds to grant a legal
separation can be abuse, homosexuality, abandonment and addiction. This way of separating
couples can be useful and effective when a marriage is in bad shape. But still, the marriage is
still acknowledged by the government. Although, it is an escape for those who experience
abuse for their partner. Somehow, the ending of marriage will fall down to divorce but still it
was far from the truth for Filipinos. As it is still pursued in court and the declaration still vague.

Status in the Philippines

The bill about the divorce are currently plenary in congress and the grounds to invoke for
filling a divorce is given as follows; Separation at least 5 years at time when a petition for
divorce filed. Gender reassignment transition of one spouse. Irreconcilable difference. Marital
and domestic abuse. Divorce decree obtain in abroad by one spouse. A previously filed petition
were not passed into law. As for the basis of the family as basic institution that the state must
protect. But for this time, the bill is in further analysis. (Guerra, 2021)

As of now, the fight for divorce law here in the Philippines continues as some of the
senators filed their own bills. If it becomes successful, as no one oppose to the bill it will be just
the Vatican City that a country that will remain to stand firm against breaking a marriage. As for
now, the questioning still continues, as soon it become constitutionalize it would create a major
impact for the basic unit of society.

EFFECT

Marriage, by definition, is the state of being united as spouses in a consensual and

contractual relationship recognized by law. It is considered by some as sacred and a gift from
above, it shouldn’t be taken lightly or for granted. Regardless of one’s view on marriage, it is
undeniable that it has become an integral part of our society. Given the nature and the role
marriage plays in most households around the globe, any changes or conflicts in the
relationship will have a direct effect on the household as a whole. It would not be an
overstatement to say that marriage is the foundation of these households, which is why it is
imperative that spouses take good care of their relationship.

“Divorce damages society. It consumes social and human capital. It substantially

increases cost to the taxpayer, while diminishing the taxpaying portion of society. It diminishes
children’s future competence in all five of society’s major tasks or institutions: family, school,
religion, marketplace and government” (Fagan & Churchill, 2012). Although the previous
statements may have been a bit exaggerated it doesn’t change the fact that divorce weakens
and put a strain on our society. Family is the smallest institution as well as the most important
unit of our society, it directly influences the direction in which our race is heading towards. It is
the most important unit because this is where children are shaped and taught, thus it is
important that they receive the resources and services they need and deserve in a loving
environment. Divorce is a very strenuous and long process, damages relationships, and
constraints and drains the financial, mental, and social capacities of both parties. Divorce can be
liberating for some and full of woes for others. Nevertheless, there are people willing to go
through this process for various reasons brought about by their circumstances. Putting that
aside, the impact it will have on the involved parties, especially the children if there are any, is
not something that can be ignored as they will greatly affect their development and overextend
in their adult life.

Divorce weakens the relationship between the parents and their children which could
leave the children with complexes and emotional scars. Children reportedly receive less
emotional support, financial support, and practical help in divorced families which affects their
development as a whole (Fagan & Churchill, 2012). Adults who grew up in a divorced
household possess emotional problems that formed during the process of divorce and further
developed while they were growing up. The process of divorce is not just severing legal ties and
dividing the property in court, it starts at home where they slowly grow apart and sever their
emotional ties with each other. This part here is actually where children develop these
emotional problems and scars, this is where it all starts. If these emotional baggage persists to
their adulthood due to the divorce and not by some other event then it can be concluded that
this childhood event can set off a series of events that will affect every aspect of their adult life
such as their married life and such (Lindsay, Chase-Lansdale & Mcrae, 1998).

Legal separation and annulment are already implemented in our country. Although a
divorce law has been brought up several times it still receives strong rejection and opposition. A
divorce law is better than the options available to the public right now as it protects both parties
and allows them to rebuild their individual and love life.

REFERENCES:
 Abalos, J. B. (2021, March 6). The rise of divorce, separation, and cohabitation in the
Philippines. N-IUSSP. https://www.niussp.org0/family-and-households/the-rise-of-divorce-
separation-and-cohabitation-in-the-philippines/

Acknowledgment of Divorce in the Philippines. (2022). HG.org Legal Resources.

https://www.hg.org/legal-articles/acknowledgment-of-divorce-in-the-philippines-20090

Advantages Of Divorce In The Philippines | ipl.org. (n.d.). Www.ipl.org.

https://www.ipl.org/essay/Advantages-Of-Divorce-In-The-Philippines-FJJCLQL2NSG

CBCPNews (2020).Lay Catholic groups stand firm against

divorce.https://cbcpnews.net/cbcpnews/lay-catholic-groups-stand-firm-against-divorce/

Cherlin, A. J., Chase-Lansdale, P. L., & McRae, C. (1998). Effects of Parental Divorce on
Mental Health throughout the Life Course. American Sociological Review, 63(2), 239.
https://doi.org/10.2307/2657325

Executive Order No. 209, s. 1987 | GOVPH. (1987, July 6). Official Gazette of the
Republic of the Philippines. https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-
209-s-1987/

Fagan, P., & Churchill, A. (2012). The Effects of Divorce on Children. https://marri.us/wp-
content/uploads/The-Effects-of-Divorce-on-Children.pdf

F.Britannico (May 27, 2022).The Difference between Legal Separation and Annulment in
the Philippines.LawyerPhilippines.https://lawyerphilippines.org/the-difference-between-legal-
separation-and-annulment-in-the-philippines/

G. Guerra (August 27, 2021) Philippines: House of Representatives Bill on Divorce

Approved in Committee, Referred to House Plenary for Debate. Library of Congress,
https://www.loc.gov/item/global-legal-monitor/2021-09-06/philippines-house-of-representatives-
bill-on-divorce-approved-in-committee-referred-to-house-plenary-for-debate/.

Lawyer Philippines (2022).12 FAQs Divorce in the

Philippines.https://lawyerphilippines.org/12-faqs-divorce-in-the-philippines/

Marriage Cases per Year (2009 – January 2022). Office of the Solicitor General. Retrieved
November 21, 2022,
https://osg.gov.ph/documents/transparency/FOI/opendata/Marriage%20Cases%20per%20Year
%20(2009%20-%20January%202022).pdf

Nicolas and De Vega (n.d) Recognition of Foreign Divorce in the

Philippines.https://ndvlaw.com/recognition-of-foreign-divorce-in-the-philippines/?noamp=mobile
 Philippine Commission on Women. (n.d.). Adopting Divorce in the Family Code. Retrieved
November 22, 2022, from https://pcw.gov.ph/assets/files/2020/03/PCW-WPLA-PB-09-Adopting-
Divorce-in-the-Family-Code.pdf?x63906

Philippines: House of Representatives Bill on Divorce Approved in Committee, Referred to

House Plenary for Debate. (2021, September 6). The Library of Congress.
https://www.loc.gov/item/global-legal-monitor/2021-09-06/philippines-house-of-
representatives-bill-on-divorce-approved-in-committee-referred-to-house-plenary-for-debate/

Presidential Decree No. 1083, s. 1977 | GOVPH. (1977a, February 4). Official Gazette of the
Republic of the Philippines. https://www.officialgazette.gov.ph/1977/02/04/presidential-decree-
no-1083-s-1977-2/

Social Weather Station (2018).Fourth Quarter 2017 Social Weather Survey: 53% of Filipino
adults agree to legalize divorce for irreconcilably separated
couples.https://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180309165548

WALLERSTEIN, J. S. (1991). The Long-Term Effects of Divorce on Children: A

Review. Journal of the American Academy of Child & Adolescent Psychiatry, 30(3), 349–360.
https://doi.org/10.1097/00004583-199105000-00001