Ayrica Mae A.

Pepito
Grade 10- Genesis
February 19, 2024
English-10
3rd Quarter
Argumentative Essay
“The Only Country That Outlaws Divorce”

Divorce should be legalized in the Philippines to be able to address the marital complications in the 21st
century. Considering the fact that the Philippines is the only country in the world aside from Vatican City that outlaws
divorce. Despite the fact that 51% of Filipino adults oppose divorce ( Mendoza, 2023) due to the long-standing culture
(Family is considered to be the foundation of social life for most Filipinos; Scroope, 2017), the negative impact it has on
children, and the fact that it goes against Christian doctrine, it is necessary due to the complications that we face in the
contemporary era. There are numerous reasons why divorce should be implemented in the Philippines: it helps reduce
domestic violence and marriage incompatibility, and it addresses the inadequacies of annulment in the Philippines.
According to a survey conducted by OCTA research, 41% of Filipinos approve of the legalization of divorce, and 9% are
still undecided (Mendoza, 2023).

Firstly, studies have shown that domestic abuse is one of the most frequently cited reasons for divorce.
According to the National Demographic and Health Survey (NDHS), 17.5% of Filipino women between the ages of 15
and 49 have experienced physical, sexual, and emotional violence from an intimate partner (Philippine Commission on
Women, n.d.). If divorce is implemented in the Philippines, Filipinos will be able to stop living with their abusive partner,
which will reduce the percentage of domestic violence and decrease the possibility of homicide and suicide.
Furthermore, the court will be able to offer protection to divorcing individuals who suffer from abuse, such as emergency
orders and restraining orders, and appropriate punishment will be served to the person who performed the act of abuse.
On the other hand, not only does annulment require a lot of procedures, but it is also rarely granted and does not
consider abuse as a ground for annulment because it is not listed in the Family Code (Respicio & Co., 2023).

Secondly, incompatible marriages can have a negative impact on the mental health and development of
individuals. Psychologists suggest that remaining in an unhappy marriage can have a harmful effect on the mental health
of couples, which can lead to addiction. Furthermore, according to divorce lawyers, children who are exposed to constant
arguments often suffer from depression, anxiety, low self-esteem, isolation, resentment, and a lack of positivity
(Moskowitz Law Group, LLC, 2023). In many instances, divorce can have a positive impact on children, especially if
there is a risk of the child being harmed (Kales & Kales, PLC, 2022). For this reason, divorce must be enforced in the
Philippines. While it is true that part of the long-standing culture of Filipinos is to keep the family intact, staying in a failed
and incompatible marriage is simply a charade and cannot be considered patriotism.

Thirdly, the implementation of divorce in the Philippines will address the inadequacies of annulment. In the
Philippines, annulments are rarely a success due to the limited grounds (psychological incapacity, fraud, force,
intimidation, undue influence, etc.; Philippine Commission on Women, n.d.), high costs, and lengthy procedures, with a
lower success rate compared to divorce. Divorce, on the other hand, has fewer restrictions, is already legal in most
countries, and can be done for any number of reasons. (No-fault divorce is already implemented in the United States.)
Furthermore, divorce also offers an equal and equitable distribution of assets, unlike annulment, which only returns the
assets to their pre-marital status (Chounlamountry, 2023). Not only that, but divorce comes with stricter rules and
regulations when it comes to child custody, which will ensure the safety and well-being of children.

Moreover, a lot of women have been petitioning because adultery and infidelity are not accepted as legal
grounds for annulment in the Philippines in accordance with the Family Code. Among the petitioners is a woman named
Stella Sibonga, a 45-year-old resident of the Manila area who is a victim of adultery. She has been attempting to leave
the marriage, which has brought her a lot of emotional scars to the point of attempting suicide due to her husband’s
affairs, for the past eleven years. Not only that, but she expended approximately PHP 200,000 in legal fees only to be
duped by her first lawyer; when she was about to receive a certificate of finality of annulment, she was informed that the
OSG had filed a motion for reconsideration on her case. "Why are we, the ones who experienced suffering,
abandonment, and abuse, being punished by the law?" said Sibonga (Rey, 2019).

Ultimately, divorce should be legalized in the Philippines to be able to address the marital complications in the
21st century, considering the fact that the Philippines is the only country in the world aside from Vatican City that outlaws
divorce. In summary, there are various reasons why the implementation of divorce law in the Philippines is necessary,
including the minimization of domestic abuse, the harmful effect of marriage incompatibility on the mental health of
individuals, and the insufficiency of annulment in the Philippines. Not legalizing divorce in the Philippines will increase the
rate of spousal abuse, mental health problems brought on by unhappy marriages, and the increase in complaints among
the citizens (especially married women) due to the inadequacies of annulment. "Divorce isn't such a tragedy. A tragedy's
staying in an unhappy marriage and teaching your children the wrong things about love. Nobody ever died of divorce.”
(Weiner, 2019, Fly Away Home, p. 362)
 References
Chounlamountry, J. (2023, July 14). Annulment vs. divorce: What's the difference? FindLaw.

https://www.findlaw.com/family/divorce/how-marriage-annulments-differ-from-divorces-an
d-the-grounds-for.html

Kales & Kales, PLC. (2022, January 7). Positive aspects of divorce for children.

https://www.kaleslaw.com/the-positive-effects-of-divorce-on-children/

Mendoza, R. (2023, December 6). Most Filipinos oppose divorce. The Manila Times.

https://www.manilatimes.net/2023/12/06/news/most-filipinos-oppose-divorce/1923034

Moskowitz Law Group, LLC. (2023, March 31). How incompatible spouses impact a child’s

upbringing.

https://www.divorcelawyers1.com/blog/how-incompatible-spouses-impact-a-childs-upbringi
ng/

Philippine Commission on Women. (n.d.). Adopting divorce in the family code.

https://pcieerd.dost.gov.ph/images/gad_corner/law_on_gad/12-Divorce.pdf

Philippine Commission on Women. (n.d.). Violence against women.

https://pcw.gov.ph/violence-against-women/
Respicio & Co. (2023, October 19). VAWC annulment Philippines.

https://www.respicio.ph/features/vawc-annulment-philippines

Rey, A. (2019, September 17). SolGen role in annulment ‘waste of taxpayers’ money’ – group.

Rappler.

https://www.rappler.com/nation/240323-group-says-solgen-role-annulment-waste-of-tax/

Scroope, C. (2017). Filipino culture. Cultural Atlas.

https://culturalatlas.sbs.com.au/filipino-culture/filipino-culture-family

Weiner, J. (2010). Fly away home. p. 362: Simon and Schuster.