Just before the intense debate on the Reproductive Health bill, Filipinos are once more at odds with each other in considering another controversial piece of legislation: the Divorce bill.
The debate on legalizing divorce took a kick-start when news of Maltese referendum favoring divorce reached the Philippines a few days ago. This has prompted progressive groups to make a bolder call for the country to follow in Malta's steps and legalize divorce in a predominantly Catholic nation.
The debate on divorce is nothing new, see here AttyatWork's round-up of talking points on the issue from last year.
Filipino Thinkers has a great digest of how the debate was settled and how the referendum unfolded in Malta. More importantly, it provides a side by side comparison of the issue between the Philippines and Malta:
Aside from the happy ending, which left the Philippines the only country without divorce1, the story of Malta’s divorce referendum shares similarities with our own reproductive health (RH) debates:
both countries are last bastions of Catholicism: Malta in Europe, the Philippines in Asia; both countries are predominantly Catholic: 95% in Malta, 80% in the Philippines; and both battles are primarily between progressive Catholics and conservative bishops. And in both cases, the conservative bishops use fear mongering to keep their flock in line.
For a quick refresher on the differences between divorce, annulment and legal separation, Lyle R. Santos has a quick guide in layman's terms.
With Malta's approval of divorce, the Philippines is now the lone country in the world that prohibits it. For Blue Dela Kanluran, the debate on divorce should not be framed on this fact alone:
As i had stated earlier my stand is against divorce however, I will not begrudge a sovereign nation of their right to decide whats best for their country and themselves as Malta has displayed here. (See, that is an example of the separation of Church and State).
Which leads me to wonder, what effects will the stigma of the only country which outlaws divorce have on the Philippines?
Personally, I think this will make pro-divorce legislation in the future more difficult not only because of the meddling of the Church but with the stigma earlier stated as well (Which is not how legislation should be argued).
Cocoy views the near-approval of the Reproductive Health and now the Divorce bill as a ‘reboot‘ of the Philippines, moving from a predominantly religious state in a secular one:
If the Reproductive Health bill becomes law, and it is followed by a divorce bill? That would be one continuity reboot for the Philippines. It signals that the nation is slowly becoming secular and less under the thrall of the Vatican.
As a Catholic, for me, it presents an opportunity for the Church to focus on the spiritual. I want sermons and direction that make me a better person. I don’t need the Church to tell me what is wrong with government. Filipinos everywhere already know what’s wrong with our nation. It is that time in history that we fix it. I need my church to help guide that poor maid who is always beaten up by her husband. I need a Church that guides street children away from the streets, and into education. I need this church to be relevant.
Dreamwalker takes delight in the fact that this proposed laws, no matter how dividing and controversial, sparks debate among society, thus encouraging everyone to take part in the national discourse:
I continue to be amazed by how Filipinos seem to be more aware of what is happening in the country and how we seek to be more informed about our laws – both proposed and existing. In my opinion, this can only lead to more good. Never mind that there will always b
Maju brings forward a valid point in cautioning that our lawmakers should take up the divorce law with a keener eye:
We should also get onto considerations on how good or bad are existing divorce laws. In many countries, notably those under the Sharia, the rights of women and men in divorce are not the same.
Lastly, here's a good discussion by a lawyer, Connie Veneracion, about annulment, legal separation under current Philippine laws and how divorce could plug the holes in the current Family Code:
Later on, however, it became clear that despite the leeway allowed by the concept of psychological incapacity, there was a huge gaping hole in the law. Annulment is a very expensive legal procedure beyond the financial capacity of majority of the Filipinos. The laundrywoman living in the slums who is physically abused by the drunken jobless husband could not afford it. In addition to the expense, the process was a long and tedious one. Eventually, the divorce advocates started making noise again. As expected, the Catholic church is getting more imaginative in coming up with arguments against divorce.
It is sad that most Filipinos cannot view marriage independently from its religious context. It is even more sad that most Filipinos do not consider themselves validly married unless married in church. Very sad indeed.
So, will the passage of a divorce law patch the loopholes in the Family Code? It depends on what the law will allow as valid grounds for divorce and what the required procedure will be. It has happened before that a law is passed as some sort of pacifier. Congress can pass a “divorce” law which such narrow grounds and complex process that it will effectively negate the very purpose of a divorce. You know, just so it can be said that a divorce law has been passed. I doubt if that will satisfy the progressives and the divorce advocates.
84 comments
we need divorce
y doing so?
@623eb6b23cec9105a9035438c080d3b1:disqus I like the part of your comment ”
Don’t you guys understand that we are in the Philippines (the only country WITHOUT DIVORCE) because God is really favoring us?! ” and I totally agree with it. His ways are not our ways. Divorce bill shouldn’t be passed in our country.
According to Mathew 19:6 “What God has joined together, man must NOT separate”.
yes tama yan.ang pinapagsama ng Diyos ay wag papaghiwalayin ng tao..malinaw ang ibig sabihin pero ito ang ginagamit lagi ng mga anti-divorce..ang sabi pinagsama ng Diyos. Diyos ang nagdesisyon na magsama sila…wag papaghiwalayin ng tao.sino ang nagpapahiwalay? tao!..meaning ibang tao..its either magulang or 3rd party or other forces hindi yung mag asawa mismo ang gustong maghiwalay na sila….iba yung pinapaghiwalay sa gusto ng maghiwalay…dun pumapasok ang divorce sa mag-asawang gusto ng maghiwalay.dahil malamang walang true love between them.kc kung sila talaga ay pinagsama ng Diyos may pagibig sa pagitan nila at ayaw nila maghiwalay.kaya lang merong may gusto na maghiwalay sila kaya inutos yun mattew 19:6…malaking pagkakaiba yan sa magulo ng pagsasama na gusto ng maghiwalay.malamang hindi ang Diyos ang nagpagsama s kanila kaya walang pagmamahalan sa pagitan nila.simple ang verse kung uunawin lang mabuti.
i am not agree to have DIVORCE in Philippines, why we have marriad if the future we divoce them
pasmar you catch my attention…..for me we were the one to decide for our future but do you think we can see what will gonna happen for our future,
if it is possible then i believe you.It’s not about to just married with someone we don’t like it’s about with someone we want not bcuz he/she is rich or pretty,it’s bcuz we love him/her that’s why i married her/him.
well,my point is we should not think what will gonna happen for our future just bcuz on what they say.
that’s all
i guess you get my point.
For the self righteous
people saying no to divorce I beg you to have mercy on people who just wants
peace, happiness and freedom. Do you really think that people who want divorce
are happy to have to be asking for it? Nobody wants to fail; to those people
this is the last resort on having a chance to a decent and self fulfilling
life. Last I check, Philippines is still a free country and Church and state are
two separate entity.
The government role
is to uphold our human rights. And one basic right of an individual is to be
free. Freedom to choose how and with whom he spends his life with should be an individual’s
choice without getting prejudice and bigotry from other people. And this right
to choose should be provided by the state.
It is the church’s
responsibility to have their members believe and have faith on the teaching of
their church. They should not be using the government to do their job for them,
putting pressure on politicians and restricting individuals on having to
exercise their free will.
If we look at this
in a religious aspect, as Philippines is greatly influence by Christianity, as Christians
we are not taught to condemn, if a person chooses a path that is different from
others, nobody has the right to judge her or to say that he’s wrong. We will
all face our God as individuals and we are responsible for our own actions. If
he is indeed a sinner in the eyes of our God, only God has the right to punish
him, and not individuals who gave upon themselves the power to control and
decide on peoples’ lives.
I really hope that
divorce be legalize in the Philippines in my lifetime.
Very well said. Two thumbs up. :””>
My family is one of the best things that happened to my life and I love them so much. However, I have friends who suffered from a relationship and they can’t do anything about it because there’s no divorce in the Philippines. Maybe would be nice if divorce can be an option for them.
Dear Dr. Deva. When I was with my ex-boyfriend, he treated me so poorly that we broke-up and I was the one who ended up in pain. I then asked for the Retrieve A Lover Spell for someone to love me as I would love them.Then 2 months later, I met someone after work who treated me like I meant the world to him. We’ve been together for five months now and still an apple in each others eye! Thank you so much i will advice anyone in help to contact Dr. Deva On his email:lakshmantemple@gmail.com
No, I don’t believe that Divorce Bill is the ONLY solution to marital problems. There is counselling. Beforehand of marriage, there should be counselling. There is no such thing as a perfect family nor perfect relationships because the subjects concerned here are humans and humans are NOT PROGRAMMED to be perfect.. We don’t have to be pressured by other countries that have this Divorce Law. We are becoming too hasty of things. We assume that things are better if our country is a mimic of another.. Sure, this could be an answer..but for short terms only. What about the next generations? Marriage’s essence will be dragged down now. Life is more than for who is living now, it is important too for the ones who will live tomorrow.
tma! wag tayo gaya gaya! porket tayo nlng wlang divorce,makikigaya tayo? kahit man lng sa aspetong ito e maging unique tayo..its our identity..the love for family
i like your views!
there’s a law protecting battered wives..pinakukulong kea ang mga taong nananakit..e kung idi-divorce m lng..sa tingin mu hndi na nya ggwin ulit un..mas marami pa syang puedeng saktan hanggat malaya sya…kea dpt pinakukulong n ung ganyang klsaeng tao..
ji may i ask u? are married? coz if not u dont know what u are saying.u are just under the influenced of your religion,or by the teachings of your parents,o baka personal mo lang yan na pananaw.kung may asawa ka naman im sure masaya kayo,kaya pasalamat ka at hindi nyo pinagdadaanan ang pinagdadaanan ng ibang mag-asawa.ipapakulong ang lalakeng nananakit?anong gagawin nya sa kulungan?saka alam mo b na puedeng piyansayan yun ng kamag anak nya?mababa lang ang piyansa nun at pag nakalaya n yun ano sa tingin mo ang mangyayari sa babae?walang nakukulongng habangbuhay sa pananakit sa asawa.u should be sensitive to other’s feeling.kaya may gusto ng divorce dahil hindi n talaga sila masaya sa asawa nila…destructive n para sa kanila ang pagsasama nila.meron kasing pagsasama n puedeng ayusin pa,pero merong wala na talagang pagasa.iba iba kc yan depende sa tao.kaya mahirap maging self centered sa opinyon natin.