Académique Documents
Professionnel Documents
Culture Documents
IBUTANG
Introduction
Divorce. The dissolution of marriage. The termination of a marital union. The
cancelling
and
reorganizing
of
the
legal
duties
and
responsibilities
in
support
of
GABRIELA
Women's
Party
representatives
Luzviminda C. Ilagan and Emerenciana A. De Jesus with House Bill No. 1799,
or an Act of Legalizing Divorce in the Philippines. An Act Introducing Divorce
in the Philippines amending for the Purpose Title II, Articles 55 to 66 Inclusive
and Article 26 of Executive Order of 209, as amended otherwise known as
the Family Code of the Philippines and repelling Article 36 of the Same Code
and for other purposes.1
According to Sen. Pia Cayetano regarding annulment Ask anyone, Im sure
at some point in time whether it is one year or 10 years or 20 years, they
loved each other, so why cant you call it what it is? We loved each other,
something went wrong, and its done. Why will you say it never existed?
A divorce law will provide a remedy that Article 36 of the Family Code failed
to do. Validity or invalidity of a marriage is not the basis of divorce. It
terminates a marriage based on a ground that occurred during the marriage.2
According to the Philippine Commission on Women, 23% of ever-married
women experience the most common types of spousal violence of emotional
abuse it can be physical or oral defamation and other forms. One in seven
2 Ager, Maila. Senate: Divorce Bill After RH, (December 19, 2012). Archived at
http://newsinfo.inquirer.net/326847/senate-divorce-bill-after-rh (accessed *date*)
revealed that more men and women are in favor of the proposition, with 62
percent of male respondents (from 52 percent in March 2011) and 57 percent
of female respondents (from 49 percent in March 2011) agreeing to the
measure. Support for the approval of the legalization of divorce also rose in
all areas, with 67 percent of adult respondents from Metro Manila, 62 percent
from Balance Luzon, 55 percent from Visayas and 55 percent from Mindanao
all throwing their support for the initiative. During the last SWS survey on
divorce in March 2011, fifty percent of Filipinos favored the legalization of
divorce. SWS cleared that the survey is non-commissioned and was released
as a public service. The Philippines and Vatican City are the only two states
in the world, which ban the practice of divorce.4
These are the following reasons that one can file legal separation which can
also apply to divorce:
1. Sexual infidelity or perversion;
2. Drug addiction or habitual alcoholism of the respondent;
3. Lesbianism or homosexuality-of the respondent;
4. Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
5. Final judgment sentencing the respondent to imprisonment of more than
six years, even if pardoned;
6. Attempt of respondent to corrupt or induce the petitioner, a common child,
or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
4 http://newsinfo.inquirer.net/680740/3-out-of-5-filipinos-want-legalization-of-divorce-sws-survey
And as what Evalyn G. Ursua said, The Catholic Church need not worry. The
institutions of marriage and the family have survived to this day, as they will
survive a Philippine divorce law. We are a secular state, where no religious
group has the right to define law or policy for the entire population. There is
not one but a plurality of beliefs in Philippine society. The law should only
give people a choice, to be exercised according to their own personal
beliefs.7
Aside from the Vatican, the Philippines is the only country which does not
provide a procedure for divorce. Furthermore, it is difficult for Filipinos to
obtain divorces abroad and often these are not recognized by the Philippines.
The only way a citizen of the Philippines can end their marriage is by
annulment, which is an onerous, expensive and time-consuming process that
is not even guaranteed to be successful.8
This effectively leaves most of the poor and overseas worker population of
the Philippines unable to move on with their lives from a marriage that is
often abusive, adulterous and contracted by deceitsuch as polygamous
marriagesunder threat from ones family or that of the spouses and/or
when the couple is very young and naive.
When it comes to examples, Hollywood celebrities dont set a good one since
some of them have numerous marriage-divorce relationships. And we think it
is ok since they are entitled to their own choices. Choices that the law gives
to its citizen and is exercised according to their own beliefs.
What about money? Whats the purpose of public attorneys then? And
divorce will be there as a choice and not a compulsory action.
7 http://positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-divorce-law
8
http://www.huffingtonpost.com/2013/10/24/divorce-philippines_n_4157099.html
When it comes to effects of divorce, Ilagan says that the divorce bill will clear
questions about conjugal property and childrens legitimacy. She says that it
will also contain details on child support mechanisms after a marriage has
been severed. And when it comes to the psychological and emotional effect,
I can say that it will depend on how the parents will tackle their child
regarding the situation and how the child will accept it. It can make him
stronger, it can make him more understanding. The child can be openminded and will not expect that things will be full of rainbows and unicorns.
Lastly, divorce is better than being stuck in a loveless, violence-filled so
called family.
It may be divisive from the point of view of another sector, the Catholic
Church, but it may not be divisive if the people understood, if people knew
where we were coming from. - Luzviminda C. Ilagan9
Divorce and Separation: An Overview
Courts in the United States currently recognize two types of divorces:
absolute divorce, known as "divorce a vinculo matrimonii" and limited
divorce, known as "divorce a menso et thoro". To obtain an absolute divorce,
courts require some type of evidentiary showing of misconduct or
wrongdoing on one spouse's part. An absolute divorce is a judicial
termination of a legal marriage. An absolute divorce results in the changing
back of both parties' statuses to single. Limited divorces are typically
referred to as separation decrees. Limited divorces result in termination of
the right to cohabitate but the court refrains from officially dissolving the
marriage and the parties' statuses remain unchanged. Some states permit
conversion divorce. Conversion divorce transforms a legal separation into a
9
Id.
legal divorce after both parties have been separated for a statutorilyprescribed period of time.10
Philippine law, in general, does not provide for divorce inside the country,
and remain the only UN-member state to do so. The only exception is with
respect to Muslims, who are allowed by their religion to divorce in certain
circumstances. For the majority non-Muslims, the law only allows for
annulment of marriages. Women's groups have clamored for legalization of
divorce, but all past attempts to ratify it into law have failed.11
Article 26 of the Family Code confers jurisdiction on Philippine courts to
extend the effect of a foreign divorce decree to a Filipino spouse without
undergoing trial to determine the validity of the dissolution of the marriage.
The second paragraph of Article 26 of the Family Code provides that [w]here
a marriage between a Filipino citizen and a foreigner is validly celebrated
and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall have capacity to
remarry under Philippine law.12 In Republic v. Orbecido,
this Court
11
Wikipedia. Divorce Law by Country. Wikipedia.org.
https://en.wikipedia.org/wiki/Divorce_law_by_country (accessed *date*)
12
Alex L. Monteclar. Compendium On The Law on Persons And Family Relations. (Manila, Philippines: Rex
Book Store 2010).
Page 10 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
Philippines does not allow divorce. Philippine courts cannot try the case on
the merits because it is tantamount to trying a case for divorce.13
It is true that owing to the nationality principle embodied in Article 15 of the
Civil Code, only Philippine nationals are covered by the policy against
absolute divorces the same being considered contrary to our concept of
public policy and morality. However, aliens may obtain divorces abroad,
which may be recognized in the Philippines, provided they are valid
according to their national law. In this case, the divorce in Nevada released
private respondent from the marriage from the standards of American law,
under which divorce dissolves the marriage. As stated by the Federal
Supreme Court of the United States in Atherton vs. Atherton, 45 L. Ed. 794,
799:
The purpose and effect of a decree of divorce from the bond of matrimony by
a court of competent jurisdiction are to change the existing status or
domestic relation of husband and wife, and to free them both from the bond.
The marriage tie when thus severed as to one party, ceases to bind either. A
husband without a wife, or a wife without a husband, is unknown to the law.
When the law provides, in the nature of a penalty that the guilty party shall
not marry again, that party, as well as the other, is still absolutely freed from
the bond of the former marriage.
In a subsequent case, Llorente vs. Ca (G.R. No. 124371 345 SCRA 592, 601),
23 November 2000, the Supreme Court again stated:
In Van Dorn v. Romillo, Jr. we held that owing to the nationality principle
embodied in Article 15 of the Civil Code, only Philippine nationals are covered
by the policy against absolute divorces, the same being considered contrary
to our concept of public policy and morality. In the same case, the Court
13
http://attylaserna.blogspot.com/2013/07/judicial-recognition-of-foreign-decree.html
Page 11 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
ruled that aliens may obtain divorces abroad, provided they are valid
according to their national law.
In Garcia vs. Recio, G.R. No. 138322, October 2, 2001, the Supreme Court
said:
At the outset, we lay the following basic legal principles as the take-off
points for our discussion. Philippine law does not provide for absolute
divorce; hence, our courts cannot grant it. A marriage between two Filipinos
cannot be dissolved even by a divorce obtained abroad, because of Articles
15 and 17 of the Civil Code. In mixed marriages involving a Filipino and a
foreigner, Article 26 of the Family Code allows the former to contract a
subsequent marriage in case the divorce is "validly obtained abroad by the
alien spouse capacitating him or her to remarry."14
These connote the judicial recognition by Philippine Family Courts of a
foreign decree or judgment of nullity of marriage. The recognition of a
foreign judgment only requires proof of fact of the judgment, it may be made
in a special proceeding for cancellation or correction of entries in the civil
registry under Rule 108 of the Rules of Court.
Theoretical Consideration
The construct of a good divorce emphasizes the importance of multiple
family relationships following divorce. As Ahrons (1994) noted, a family
following divorce is still a family in the sense that mothers and fathers
continue to be responsible for their children and need to cooperate to
facilitate childrens well-being. This perspective appears to follow from a
14
http://www1.lepitenbojos.com/index.php?option=com_content&view=article&id=376:divorce-isrecognized-in-the-philippines-&catid=59:legal-notes
Page 12 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
family systems perspective, in which the unit of analysis is not the individual
but the larger family system. Family systems theory argues that a family
consists of interconnected members, with each member influencing the
others to maintain (or fail to maintain) a healthy system (Bowen, 1978;
Minuchin,
1974).
Influence
involves
patterns
of
communication
and
Page 13 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
15
Adele Pillitteri. Maternal & Child Nursing: Care of the Childbearing & Childrearing Family. (Ohio:
Lippincott, 1999), 35.
Page 14 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
undesirable traits were innate. Females, on the other hand, were more likely
to focus on the importance of finding a reliable partner. For them, the
excessive maternal presence reinforced the need for stability and unity in a
familial setting (Scabini and Cigoli, 2008).
More recent studies have delved further into the relationships between
children of divorced parents and their nonresidential parent in order to
determine the impact of nonresidential parental involvement on the childs
wellbeing. Amato et al. (2011) found, in their cluster analysis of parenting
styles, that young adults and children displayed the fewest behavioral
problems as well as the closest relationship with their fathers, who usually
are the nonresidential parent, when their parents maintained a cooperative
relationship following the divorce. Using data on the relationship between
children and their biological fathers from the 1979 National Longitudinal
Survey of Youth, Carlson (2006) revealed several findings pertaining to
paternal involvement. First, father involvement, independent of other
examined mediating factors (maternal involvement and mental health,
number of siblings, and economic status), reduced the size and significance
of family structure effects (i.e. single parents, children born outside the
marriage)
on
adolescent
behavioral
outcomes.
Second,
despite
the
Page 15 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
Page 16 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
participants, young adults from New Zealand aged 19-29, reported having
negative beliefs about themselves and their outlook on life:
Some of the potentially negative beliefs they expressed were: no one stays
around forever; you are on your own in life; relationships are short-lived;
everyone goes their own way sooner or later; no one is going to be there for
you; relationships are a struggle; men only want sex; no one loves me; Im
going to end up divorced; I am not up to scratch; Ive got problems; I am too
emotional; I get sick of guys easily; I dont want to start something if its
going to be a waste of time; Im like my father (who was abusive); I wouldnt
be able to sustain being nice (Cartwright, 2008: 140).
Despite these findings, however, it must be acknowledged that studies have
yielded some positive outcomes. Sever et al. (2008), in their study of 158
Israeli young adults whose parents divorced while they were adolescents,
attempted to examine the processes that allow for post-divorce growth by
examining separate aspects of the divorce (family atmosphere before the
divorce, the divorce process) via interviews and questionnaires in order to
search for possible positive outcomes of parental divorce among Israeli
young adults and organize them based on the type and strength of their
relationships amongst each other. Their findings indicated that while many of
the participants did experience negative outcomes, nearly half reported that
their method of coping with their parents divorce resulted in more positive
than negative outcomes.
Of the coping styles used by the participants, reciprocal support, or the act of
establishing a two-way support system between offspring and parents,
yielded the best results in terms of positive long-term outcomes. By
implementing a give-and-take structure, the participants were able to
communicate their needs and insecurities properly, as well as effectively
determine reliable sources of support while at the same time becoming more
aware of the needs of others (not just including their parents) and obtain the
Page 17 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
skills necessary to provide support. The support coping style was found to be
strongly correlated to three factors, each representing a central theme of
positive outcomes: empowerment (defined as a subjective sense of growth,
strength, and maturity), empathy (an increased feeling of compassion for the
pain of others), and relationship-savvy (acknowledging the complexity of
intimate relationships and having realistic expectations of them). Participants
who reported primarily using the support coping style experienced a greater
sense of responsibility, maturity, self-confidence, and inner strength, as well
as a higher acceptance of their parents choices, weaknesses, and strengths.
These ultimately contributed to the participants understanding of intimate
relationships, helping them to make peace with their parents divorce as well
as
giving
them an
increased
sense
of
commitment
for
their
own
Page 18 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
that man shall obey. Yes, but then again not all of us are saints. But we try
the very best to please him. Try our very best to prove to him that we
deserve to live here on Earth. That we deserve second chances in life, we
make mistakes. Then maybe with these chances, we can finally find that
person who deserves us and in return deserve them.
And we always had our own version of God. One who is always beside us,
guiding us with every step we take. A God who accepts us for who we are
with the different factors that made us society, pain, family. One who knows
that well bleed and eventually will make through. A God who knows that we
sinned and will repent. A God that knows that we will also do anything for
him. Lastly, a God who values our happiness against all. (Yes it may sound
selfish but all of our life, we were trained to give.)
Many instances of previous parental divorce research based their findings of
negative effects on correlations between the parents marital status
(divorced versus married) and how well children measured against certain
indicators of wellbeing (i.e. self-esteem, academic performance, etc.).
However, researchers have examined these correlations since then and have
found that such indicators exist independent of the parents marital status
(Bernstein, 2012). In Bernsteins survey of 45 university students, the
findings show that there is no causal relationship between parental divorce
and attachment insecurity, depression, or low self-esteem; rather, the
problematic beliefs surrounding parental divorce, particularly fear of
abandonment, had a higher likelihood of increasing risk for insecure romantic
attachment in children of divorce. This suggests that it is the individuals
experience and interpretation of the divorce, rather than the divorce itself,
sympathy (possibly as part of a supportive coping mechanism), enthusiasm
(believed to be a result of motivation encouraged by the stressful experience
of the divorce), awe (experiencing a greater sense of gratitude and
appreciation towards relationships), and perspective taking than did young
Page 19 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
adults with continuously married parents that influences the nature of their
outcome with regards to romantic attachment. Additionally, Bernstein (2012)
also found that young adults of divorce possessed more sympathy (possibly
as part of a supportive coping mechanism), enthusiasm (believed to be a
result of motivation encouraged by the stressful experience of the divorce),
awe (experiencing a greater sense of gratitude and appreciation towards
relationships),
and
perspective
taking
than
did
young
adults
with
Page 20 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
Bibliography
Books:
1. Melencio S. Sta. Maria. Persons And Family Relations Law. (Manila, Philippines: Rex
Book Store 2010).
2. Adele Pilliterri. Maternal & Child Nursing: Care Of The Childbearing & Childrearing
Family. 3rd ed. (Ohio: Lippincott Williams & Wilkins 1999).
Online Sources:
1. http://www.gabrielawomensparty.net/legislation/hb-1799-amending-family-codelegal-separation-and-divorce
2. http://www.huffingtonpost.com/2013/10/24/divorce-philippines_n_4157099.html
3. http://www.dreamwalkersworld.com/2011/05/philippine-house-bill-1799-divorcebill.html
Page 21 of 21
IBUTANG
INYO TITLE SA RESEARCH DIRI
4. http://www.theguardian.com/commentisfree/2014/feb/05/pope-francis-catholicchurch-divorce-change
5. http://newsinfo.inquirer.net/326847/senate-divorce-bill-after-rh
6. http://positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-divorcelaw
7. http://www.interaksyon.com/article/107605/senators-not-in-favor-of-legalizingdivorce-in-the-philippines
Jurisprudence/Cases:
1. The Family Code of the Philippines 1987.