Professional Documents
Culture Documents
Divorce
(Philippine Setting)
Cuajotor, Krizziane Ivy
Elgario, Jannis
Tuam, Brenda
I. Introduction to Marriage and Divorce
a. Definition and types of marriage and divorce
b. Causes of divorce
c. Effects of Divorce (focus on children and adults involved)
• Another study from Amato, P., & Previti, D. (2003) shows the reasons
vary by gender, socioeconomic status, and the life course.
Amato, P. R., & Previti, D. (2003). People’s Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602–626. doi:10.1177/0192513x03254507
Scott, S., Rhoades, G., Stanley, S., Allen, E., & Markman, H. (2013). Reasons for Divorce and Recollections of Premarital Intervention: Implications for Improving Relationship Education. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/pdf/nihms574558.pdf
Amato, P. R., & Previti, D. (2003). People’s Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602–626. doi:10.1177/0192513x03254507
Amato, P. R., & Previti, D. (2003). People’s Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602–626. doi:10.1177/0192513x03254507
Children of Divorce
• FAQ about Divorce: “Is divorce harmful to children?”
Government of Canada. (2015). The Effects of Divorce on Children: A Selected Literature Review. Retrieved from https://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/wd98_2-dt98_2/wd98_2.pdf
Vitelli, R. (2015). Life After Divorce. Retrieved from https://www.psychologytoday.com/us/blog/media-spotlight/201507/life-after-divorce
Children of Divorce
FACTORS to consider:
• Child characteristics • Situational Characteristics
o gender o Parental Absences/Remarriage
o age o Time
o Conflict
o spousal violence
• Family Characteristics o support systems
o Socio-economic status o divorce proceedings
o ethno-cultural background o custody and access arrangements
o childrearing o environmental changes
Government of Canada. (2015). The Effects of Divorce on Children: A Selected Literature Review. Retrieved from https://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/wd98_2-dt98_2/wd98_2.pdf
Effects or consequences of Divorce
• Divorce is often stressful but the impact it has on later life satisfaction
often depends on the kind of marriage people had before. (Bourassa,
K.)
• You can't compare the same family getting divorced while also not
getting divorced. (Gadoua, S. P., 2009)
Demo, D., & Supple, A. (n.d.). Divorce - Effects On Children, Effects On Couples, Effects On Parents. Retrieved from http://family.jrank.org/pages/413/Divorce.html
Gadoua, S. P., (2009). Divorce Doesn't Harm Children - Parents Fighting Harms Child. Retrieved from https://www.psychologytoday.com/us/blog/contemplating-divorce/200911/divorce-doesnt-harm-children-parents-fighting-harms-child
Effects or consequences of Divorce
• Dotinga, R. (2006) says that studies suggest that parents’ fighting Has
Long-Term Impact on children even if it is in moderate amount.
Dotinga, R. (2006). Parents’ Fighting has Long-term Impact on Kids. Retrieved from http://news.healingwell.com/index.php?p=news1&id=530961
Parental Conflict and its effect on children. Retrieved from http://www.federalcircuitcourt.gov.au/wps/wcm/connect/9760678b-1fb7-4a68-bfc0-0d1bfa4fab4a/FS_ParentalConflict_1113V2_web_a.pdf%3FMOD%3DAJPERES%26CONVERT_TO%3Durl%26CACHEID%3DROOTWORKSPACE-9760678b-1f
Divorce in the
Philippine context
History Timeline of Divorce in the
Philippines
Absolute divorce is
Precolonial
practiced among
Period
ancestral tribes. Divorce was prohibited
Spanish and only legal
Period separation was
Divorce was again allowed.
permitted through Act American
No. 2710 on March 11, Period
1917. (1898-1943),
Promulgation of a new
(1945-1946) divorce law –
Japanese
Executive Order
Period
No.141 on March 25,
Act No. 2710 was Commonwealth (1941-1945) 1943.
reinstated. Government
(1944)
Abalos, J. (2017). Divorce and Separation in the Philippines: Trends and Correlates. Retrieved from https://www.demographic-research.org/volumes/vol36/50/36-50.pdf
History Timeline of Divorce in the
Philippines
Civil Code of the
Philippines – only legal August 30,
separation was allowed 1950 The dictator issued
Presidential Decree 1083
1972 – allowed for divorce
Executive Order No. among Muslims.
109 (Family Code of the
Philippines) – among the
July 6, 1987
first revolutionary laws Family Code of the
passed under executive Philippines took effect –
fiat divorce is not allowed,
August 3,
except to: (1) Filipinos
1988
married to foreigners, and
(2) Filipino Muslims
Abalos, J. (2017). Divorce and Separation in the Philippines: Trends and Correlates. Retrieved from https://www.demographic-research.org/volumes/vol36/50/36-50.pdf
History Timeline of Divorce in the
Philippines
Divorce bill first
introduced during the
13th Congress by 2005
The bill was re-filed by
Gabriela Rep. Liza Gabriela Women's
Maza August
party-list to amend the
2010
Family Code and
introduce divorce
Gabriela Women’s Party
filed House Bill No. August
2380 2016 Lower house of Congress
approved on third and
March 19,
final reading House Bill
2018
7303
Senate Bill 2134
or Divorce Act of December 2018 –
2018 filed in the January 2019
Senate.
Patag, K. J. (2018). Legalizing divorce in the Philippines: What you need to know. Retrieved from https://www.philstar.com/headlines/2018/03/20/1798661/legalizing-divorce-philippines-what-you-need-know
Stigma and Stereotypes on Divorce
and its Factors
Negative views regarding divorce:
“Ang sabi po niya kawawa po yung mga anak at kung magkakaroon ng divorce
mawawalan po ng karapatan na magsampa ng kaso yung mga asawa na pinabayaan ng
mga asawa nila matapos sila mag divorce”
"We merely ask that they consider the possibility that divorce, while it may indeed provide quick
legal remedies for some seemingly 'failed marriages,' might end up destroying even those marriages
that could have been saved by dialogues or the intervention of family, friends, pastors and
counselors."
– Archbishop Romulo Valles
President of the CBCP
Their arguments:
• A failed marriage is not an argument for divorce. It is rather the proof of the necessity
that only mature people enter to it.
• If indeed there was abuse – Legal Separation & Anti-Violence Against Women &
Children
• If indeed was psychologically uncapable – Annulment
• Test-driving of a car – a metaphorical comparison
• Divorce victimizes children
From House Bill 7303
Section 2. Declaration of policy
While the State continues to protect and preserve marriage as a social institution and as a foundation of the
family, it shall also give the opportunity to spouses in irremediably failed marriages to secure an absolute
divorce decree under limited grounds and well-defined judicial procedures to terminate a continuing
dysfunction of a long broken marriage.
Likewise, it is the duty of the State to save children from the pain, stress, and agony of witnessing regular
marital clashes with no end in sight.
“Kapag may paglabag sa mga obligasyong ito, na kung minsang umaabot pa sa puntong nakataya
na ang buhay at katinuan sa pagitan ng mag-asawa, marapat lamang na kilalanin din ng estado
ang karapatan na wakasan ang kontrata at karapatang umalis sa relasyon.”
Emmi de Jesus
Gabriela Women's Party Representative
Attitudes and Trends towards
Divorce in the Philippines
80% are Catholics
39% 13%
Strongly agree Somewhat agree
35% 13%
Strongly disagree Somewhat disagree
by Veritas
(Church-run Radio)
BBC News. (2018). Philippines moves closer to allowing divorce. Retrieved from https://www.bbc.com/news/world-asia-43457117
Social Weather Stations. (2018). Fourth Quarter 2017 Social Weather Survey: 53% of Filipino adults agree to legalize divorce for irreconcilably separated couples. Retrieved from https://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180309165548
The Government on Divorce
The Government on Divorce
The Government on Divorce
The Government on Divorce
The Government on Divorce
Abalos, J. (2017). Divorce and Separation in the Philippines: Trends and Correlates. Retrieved from https://www.demographic-research.org/volumes/vol36/50/36-50.pdf
Code of Muslim Personal Laws of
the Philippines
• Presidential Decree No. 1083 – a couple married under the Muslim laws
"have the right to divorce.“
Patag, K. J. (2018). Legalizing divorce in the Philippines: What you need to know. Retrieved from https://www.philstar.com/headlines/2018/03/20/1798661/legalizing-divorce-philippines-what-you-need-know
House Bill No. 2134
Provisions Grounds
Right to remarry (either civil or religious) Grounds for legal separation (modified and amended)
custody of minor children and protection of their legitime (shall be in accordance to the Grounds for annulment
best interests of the children)
Under age of 7 – shall not be separated from the mother
Over age of 14 – child asked for his/her opinion Spouses having been separated for at least five (5) years
termination and liquidation of conjugal partnerships of gains or absolute community Psychological incapacity
alimony for the “innocent spouse” and child support Gender reassignment surgery
Petitioner may revoke donations made in favor of the respondent and the designation of
latter in any insurance policy
Legitimate, legitimated and adopted children of divorced parents shall retain their legal
status and legitimacy
punishment of 5-years imprisonment and a fine of P200,000 if found force, fraud, or Irreconcilable marital differences and conflicts that resulted to the total breakdown of
intimidation was used to file the petition for absolute divorce marriage (beyond repair) despite earnest efforts at reconciliation
parent/spouse who will fail to provide court ordered child support/alimony punished by
prision mayor or fined P100,000 to not more than P300,000 on top of the unpaid child
support and/or alimony
Division of property
Absolute Divorce Act of 2018
Patag, K. J. (2018). Legalizing divorce in the Philippines: What you need to know. Retrieved from https://www.philstar.com/headlines/2018/03/20/1798661/legalizing-divorce-philippines-what-you-need-know
Senate Bill No. 2134
Provisions Grounds
Grounds for legal separation, provided that physical violence and abuse doesn’t have to be
Right to remarry
repetitive
case and custody of children (in accordance to the best interests of the children) Grounds for annulment
Under age of 7 – shall not be separated from the mother
Over age of 14 – child asked for his/her opinion Psychological incapacity
termination and liquidation of conjugal partnerships of gains or absolute community All acts mentioned under Anti-Violence Against Women and their Children Act of 2004
Petitioner may revoke donations made in favor of the respondent and the designation of
Legally separated for at least two (2) years
latter in any insurance policy
Legitimate, legitimated and adopted children of divorced parents shall retain their legal
Separated for at least 5 years at the time the petition for absolute is filed
status and legitimacy
parent/spouse who will fail to provide court ordered child support/alimony punished by Irreconcilable marital differences, or irreparable breakdown of marriage despite earnest
prision mayor or fined P100,000 to not more than P300,000 on top of the unpaid child efforts at reconciliation
support and/or alimony
Division of property
Annulment vs Divorce vs Legal
Separation
Annulment Divorce Legal Separation
Cost P200,000 and above
Less expensive (as per se on the proposed
divorce bill)
Amount up to P60,000
Provisions Children conceived before judgement of Marriage is seen valid and acknowledges that
Spouses can live apart and have their properties
separated;
annulment are considered legitimate the marital union is dissolved (there is a record);
Child custody and support, alimony and Child custody and support, alimony and division
division of property are met; of property are met;
Divorce in relation
to Gender and
Sexuality
Divorce as a Gender Equality Right
Philippine Statistics Authority. (2018). One In Four Women Have Ever Experienced Spousal Violence (Preliminary results from the 2017 National Demographic and Health Survey). Retrieved from https://psa.gov.ph/content/one-four-women-have-ever-experienced-spousal-violence-preliminary-results-2017-national
Divorce as a Gender Equality Right
"I almost died from my husband's beating and yet I have to convince
the courts why I want my marriage dissolved,"
Macaraig, A. (2018). Philippine poor pay the price for divorce ban. Retrieved from https://news.abs-cbn.com/focus/03/15/18/philippine-poor-pay-the-price-for-divorce-ban
Divorce as a Gender Equality Right
"Divorce is a woman's issue, especially for poor women who are being
abused because it could provide them an out legally."
- Elizabeth Angsioco
National Chairwoman of the Democratic Socialist
Women of the Philippines
Divorce as a Gender Equality Right
Excerpts from the House Bill 7303
"It's the hypocrisy – they say we must respect the sanctity of marriage yet they grant
annulments to selected individuals."
The proposed divorce bill is nicknamed "Divorce Philippine-style" because it will still have strict
conditions and eligibility requirements but it does promise to make the whole process quicker and
cheaper.
De Leon, S. (2014). The fight to make divorce legal in the Philippines. Retrieved from https://edition.cnn.com/2014/10/06/world/asia/philippines-legal-divorce-battle/index.html
Significance of Divorce
It could also save children from the pain, stress, and agony of witnessing regular
marital clashes with no end in sight.
References
• Abalos, J. (2017). Divorce and Separation in the Philippines: Trends and Correlates. Retrieved from https://www.demographic-research.org/volumes/vol36/50/36-50.pdf
• Amato, P. R., & Previti, D. (2003). People’s Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602–626. doi:10.1177/0192513x03254507
• 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, House Bill No. 1799, 15th Congress, 1st Session. (2010).
Quezon City: House of Representative, Republic of the Philippines.
• An Act Instituting Absolute Divorce in the Philippines, Senate Bill No. 2134, 17th Congress, Third Session. (2018). Quezon City: House of Representative, Republic of the Philippines.
• Annulment vs. Nullity of Marriage in the Philippines. (n.d.). Retrieved from https://www.hg.org/legal-articles/annulment-vs-nullity-of-marriage-in-the-philippines-28719
• Borja, F. (n.d.). Divorce in the Philippines: A Legal History. Retrieved from https://www.hg.org/legal-articles/divorce-in-the-philippines-a-legal-history-45701
• Delfin, C. (2008). Victims of domestic violence: Attacked by husbands, trapped by society. Retrieved from https://www.gmanetwork.com/news/news/specialreports/106465/victims-of-domestic-violence-attacked-by-husbands-trapped-by-society/story/
• Dotinga, R. (2006). Parents’ Fighting has Long-term Impact on Kids. Retrieved from http://news.healingwell.com/index.php?p=news1&id=530961
• Government of Canada. (2015). The Effects of Divorce on Children: A Selected Literature Review. Retrieved from https://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/wd98_2-dt98_2/wd98_2.pdf
• Lebowitz, S. (2017). 7 common reasons people say they got divorced. Retrieved from https://www.businessinsider.com/why-people-get-divorced-2017-12
• Macaraig, A. (2018). Philippine poor pay the price for divorce ban. Retrieved from https://news.abs-cbn.com/focus/03/15/18/philippine-poor-pay-the-price-for-divorce-ban
• Fenix-Villavicencio, V., & David, R. (n.d.). OUR RIGHT TO SELF-DETERMINATION: PILIPINA's Position on the Issues of Divorce and Abortion. Retrieved from https://library.fes.de/pdf-files/bueros/philippinen/50068.pdf
• Patag, K. J. (2018). Legalizing divorce in the Philippines: What you need to know. Retrieved from https://www.philstar.com/headlines/2018/03/20/1798661/legalizing-divorce-philippines-what-you-need-know
• Philippine Statistics Authority. (2018). One In Four Women Have Ever Experienced Spousal Violence (Preliminary results from the 2017 National Demographic and Health Survey). Retrieved from https://psa.gov.ph/content/one-four-women-have-ever-
experienced-spousal-violence-preliminary-results-2017-national
• Scott, S., Rhoades, G., Stanley, S., Allen, E., & Markman, H. (2013). Reasons for Divorce and Recollections of Premarital Intervention: Implications for Improving Relationship Education. Retrieved from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/pdf/nihms574558.pdf
• Social Weather Stations. (2018). Fourth Quarter 2017 Social Weather Survey: 53% of Filipino adults agree to legalize divorce for irreconcilably separated couples. Retrieved from https://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-
20180309165548