On why the Philippines should have its own divorce law?

Prepared by: Gretchin F. Parantar

Submitted to: Atty. Philip Uy

I once asked my Mom why she did not leave Dad? I spent my tender years with
my Dad emotionally, mentally, and psychologically abusing my Mom which greatly
affected me. I long wished she had this courage to speak for herself and eventually
abandon him and focus on her children, but, she is a believer of the sanctity of
marriage. This is what she always instills in me every now and then: that marriage
should be protected and never be put in the trash bin. However, I don’t agree with her.
She could have left my Dad and still have a happy family with us.

Filipino people still anticipate marriage, with its sanctity and blessing. As
provided in Article 1 of the Family Code of the Philippines: “Marriage is a special
contract of permanent union between man and woman entered into in accordance
with the law for the establishment of conjugal and family life. It is the foundation of
the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits
provided by this Code. (52a)”. But this is just too good to be true and in every rule,
there is always an exception. So what happens when the man and woman who entered
into this contract of marriage no longer want to be in union and seek to dissolve their
marriage, with the anticipation that they can both remarry another person? What are
available remedies in the Philippines?

Divorce law must be adopted in the Philippines for three reasons. First, our
country approves of Annulment through Article 36 and 45 of the Family Code, so why
not approve as well, divorce bill as a law? Second, it will provide a quicker way for a
married person to escape the harsh reality of marriage and finally, be free from their
abusive spouse. Third and last, it is more affordable and accessible especially to
indigents who only thought of just dying in a loveless marriage because annulment is
just a thing for the rich and the affluent.

First, if Filipinos approved of Annulment through Article 45 of the Family Code,

then why not approve Divorce bill (The Absolute Divorce Act of 2016) as a law?
Annulment is a court proceeding with the objective of severing marital relations
between husband and wife. Also, when we speak of “annulment” as a means of
terminating a marriage, we refer to Article 36 of the Family Code, which declares that
a marriage is void from the beginning when one or both spouses are psychologically
incapacitated to perform the essential elements of the condition: that it already existed
before the marriage; that it is grave or serious; and that it is incurable. To prove this,
one has to prove that he/she is psychologically incapacitated. Therefore, annulment
has no definite grounds for terminating a marriage. On the other hand, Divorce bill
provides a remedy not present in annulment. Divorce is defined as a proceeding where
the existence and validity of the parties’ marriage is recognized but such marital union
is severed. The grounds listed under this bill are existing grounds for legal separation
under Article 55 of the Family Code, annulment under Article 36 and 45 of the Family
Code, and some additional grounds introduced in Section 4 (a) of this bill to wit:
 a. Separation for at least five years at the time of the petition is filed, with
reconciliation “highly improbable,” except if the separation is due to the overseas
employment of one pr both spouses in different countries, or due to the employment
of one of the spouses in another province or region distant from the conjugal home;
b. Psychological incapacity of other spouse as defined in Article 36 of the
Family Code, whether or not the incapacity was present at the time of marriage or
later;
c. When one of the spouses undergoes gender reassignment surgery or
transition from one sex to another; and
d. Irreconcilable marital differences and conflicts resulting in the “total
breakdown of the marriage beyond repair” despite the efforts of both spouses.

Thus, if we approved of Annulment to terminate a marriage, then it is just right to

legalize divorce in the Philippines.

Second, it will provide a quicker way for a married person to escape the harsh
reality of marriage and finally, be free from their abusive spouse. The time necessary
for annulment depends on the skill of the attending lawyer, but an uncontested
annulment case may take six months to four years to complete depending on the
court, availability of witnesses and other issues such as custody or property. On the
other note, divorce bill, should it become a law in the Philippines, does not
automatically dissolve marriage, but will still honor the solemnity of marriage by
mandating a six-month “cooling off” period as a final attempt of reconciling the
concerned spouses. This sixth month period begins after a petition is filed, but is lifted
in cases that involve acts of violence against women and their children, or an attempt
against the life of the other spouse or a common child.

Third and last, it is more affordable and accessible particularly to indigents who
only thought of just dying in a loveless marriage because annulment is just a thing for
the rich and the affluent. Indigents are defined as those whose real properties are
below P5 million, an amount proposed by Speaker Pantaleon Alvarez. Divorce bill
offers a cheaper alternative to getting an annulment which will cost a person P250,
000 pesos. For a qualified indigent petitioner, the court will waive the payment of
filing fees and other litigation costs. It will also appoint a lawyer for the petitioner, as
well as assigned social workers, psychologists, and psychiatrists, to assist the
petitioner and the court. Husband and wife may now conquer their fear of being
imprisoned in an abusive and toxic relationship, notwithstanding the fact that they
cannot afford to pay the fees.

Thus, the issue of whether or not the Philippines should have its own divorce law
is something Filipinos must discern on. Truth be told, I ran out reason why not to
approve of this bill. Should it be a law, it would be an alternative for annulment,
would provide a speedy dissolution of marriage, and would be affordable and
accessible particularly to the less privileged. Marriage is a wonderful event, but is not
applicable for everybody. Being able to get out of from a loveless marriage and being
able to remarry is tantamount to giving the person another chance to live.