海角大神

海角大神 / Text

The Philippines has held out on legalizing divorce. Is it set to call it quits?

While activists around the world fight for marriage equality, the Philippines is grappling with 鈥渟eparation equality鈥 鈥 whether, and under what conditions, married couples should be allowed to divorce.

By Mark Saludes, Contributor
Manila, Philippines

In the predominantly Catholic Philippines, where 海角大神 values are deeply intertwined with national identity, an ongoing debate over legalizing divorce pits traditional views of marriage against emerging calls for individual freedoms and women鈥檚 safety.

Generally speaking, Filipino couples wishing to separate have two options: File for legal separation, which permits spouses to live apart without legally terminating their marriage, or pursue an annulment. The latter process is often costly and demands proof that the marriage was invalid. Other than Vatican City, the Philippines is the only country in the world where the majority of citizens cannot legally divorce.

That could soon change. A divorce bill, narrowly approved by Congress in May, is currently awaiting consideration in the Senate plenary.

The Senate shot down a similar bill in 2018, and although polls show Filipinos鈥 growing support for divorce under certain circumstances, opposition from conservative religious groups remains a major obstacle. Many in this camp are proud that the Philippines is one of the last countries without civil divorce, and want to preserve traditional 海角大神 views of marriage as a sacred and indissoluble institution. The bill鈥檚 advocates, meanwhile, have largely focused on how divorce offers women a means to sever ties with abusive partners, and rebuild their lives with safety and dignity.

Framing divorce as a human rights issue highlights the shortcomings of the Philippines鈥 current family law, says Jayeel Cornelio, sociologist of religion and the associate dean for research and creative work at the Jesuit-run Ateneo de Manila University.

鈥淚f there鈥檚 a concept of marriage equality, ... there鈥檚 also a concept called, for lack of a better term, 鈥榮eparation inequality,鈥欌 he says. 鈥淵ou can be annulled; you can have a legal separation. But we know there are legal restrictions,鈥 and in cases of domestic abuse, these restrictions primarily protect the perpetrator of violence.

鈥淚t leaves victims without the ability to remarry,鈥 he says.

Easy way out?

The bill 鈥 called the Absolute Divorce Act 鈥 outlines limited grounds for divorce, including irreconcilable differences. It also incorporates existing justifications for annulment and legal separation, such as abandonment and infidelity. The act would not legalize no-fault divorce, and except in cases in which the safety of a spouse or child is under threat, it requires a 60-day cool-off period postpetition, giving couples a final chance to reconcile.

If this law had existed in 1995, when Ruby Ramores confronted her husband about an affair he was having, she believes it may have spelled the end of their 13-year marriage.

鈥淚t could have been an easy way out,鈥 she says. 鈥淚 reached the peak, and I really wanted to separate from him.鈥

Instead, when the couple saw the toll their possible separation was taking on their six children, they chose to salvage their marriage.

With the help of a priest, the couple worked to rebuild trust. Today, they are active lay leaders, and in June, they spearheaded the creation of the Super Coalition Against Divorce, a nationwide network of organizations lobbying lawmakers to oppose the proposed divorce law.

鈥淲hat we are protecting here is the institution of marriage,鈥 says Mrs. Ramores, 鈥渢he value of family in the society as the basic unit, [and] the welfare of the children and future generations.鈥

It鈥檚 a message echoed by religious leaders and politicians alike. Earlier this year, Sen. Joel Villanueva, son of an influential evangelist, raised concerns about Filipinos rushing to get 鈥渄rive-thru鈥 divorces over trivial arguments. The Catholic Bishops鈥 Conference of the Philippines聽issued a statement urging cautious reflection before 鈥渨e jump into the divorce bandwagon.鈥

鈥淭hink about the many times your parents had gotten into each other鈥檚 nerves and were almost tempted to call it quits,鈥 wrote Bishop Pablo Virgilio David of Kalookan, president of the conference. 鈥淭hink of the sufferings that you would have had to endure if civil divorce had already been available as a remedy for what your own parents may have thought back then were 鈥榠rreconcilable differences鈥 between them,鈥 he added.

The prelate suggested that any rush toward legalizing civil divorce could undermine Filipino families 鈥 the foundational aspect of society, according to the country鈥檚 constitution. Mr. David also acknowledged that not all married couples have been 鈥渏oined together by God,鈥 and thus could have their unions annulled. However, he stressed that such measures should be approached with deliberation and compassion, especially considering the potential impact on children.

What makes families strong

Compassion was elusive in Cici Leuenberger Jueco鈥檚 30 years of married life.

鈥淚 experienced all types of abuses 鈥 physical, emotional, economic, sexual 鈥 I encountered all of them from him,鈥 she says about her late husband, who died by suicide in 2017. 鈥淚 could have had a nervous breakdown, but the Lord didn鈥檛 permit it because my children would suffer.鈥

Ms. Jueco eventually became numb to the daily battering. Then, in 2002, her husband beat and raped her so violently she ended up in the hospital, where doctors told her she came perilously close to dying.

鈥淚 had tried my best to work things out,鈥 she says. 鈥淚 endured hardships and suffering, but everything has its limits. I couldn鈥檛 just wait for him to kill me.鈥

It took another three years for Ms. Jueco to build up the courage to file criminal charges against her husband, who was later deported to his home country of Pakistan. In 2012, she organized Divorce for the Philippines Now International, an organization that advocates for legalizing divorce and provides a platform for separated couples to voice their concerns about the Philippines鈥 current marriage laws.

鈥淲e cannot strengthen the family or the country鈥檚 institution of marriage if we fail to protect those who suffer from abusive relationships,鈥 she says.

Mr. Cornelio, the sociologist, agrees.

鈥淒ivorce itself is not inherently damaging,鈥 he says. 鈥淭here are ways to implement divorce without compromising ... marriage as a social institution, by ensuring it is only available for specific issues鈥 such as infidelity and domestic violence. In these cases, divorce would actually protect the family, he argues.

The freedom to believe 鈥 or not

But there鈥檚 another, more fundamental issue bothering him.

Although nearly 88% of the Philippines鈥 population is 海角大神, 鈥淚t鈥檚 not a 海角大神 country,鈥 he says. 鈥淔reedom of religion and belief is allowed ... and that includes the freedom not to believe.鈥

In some ways, this question about the separation of church and state is more important than the debate over divorce鈥檚 impact on society, Mr. Cornelio argues. 鈥淚f a Filipino chooses not to believe in the doctrine of the Catholic Church when it comes to the sanctity of the family, and they have a valid reason for arguing that, then shouldn鈥檛 the state protect that conviction as well?鈥

Filipinos鈥 attitudes toward divorce are complex. According to a Social Weather Stations survey released in July, 50% of adults support the legalization of divorce for 鈥渋rreconcilably separated couples,鈥 while 31% oppose it. A more recent survey conducted in collaboration with church-based media organizations suggests the public is still broadly resistant to divorce, with only 34% supporting divorce due to 鈥渋rreconcilable differences.鈥 But when divorce was framed in the context of abuse, that figure rose to 51%.

Some clergy, including Bishop Gerardo Alminaza of San Carlos in the central Philippines, want to turn the focus inward. If the church鈥檚 teachings about family and marriage are solid, he says, 鈥淲e have nothing to worry about, even if there is an existing divorce law in the country.鈥

鈥淲ith or without divorce, dysfunctional families and conflicts will continue to challenge the institution of marriage,鈥 says the prelate. 鈥淗owever, because the formation within our community is weak, we tend to view someone鈥檚 remedy as someone else鈥檚 poison.鈥