The Inevitability of Divorce in the Philippines
The Philippines and the Vatican are the final two holdouts for divorce. But really, single celibate men of god in robes don't really need it now, do they? The absence of divorce in a country where philandering and abuse are widespread is glaring. And it only means that the Philippines will inevitably fail the thousands of victims of marital violence every year. All this is just to honor some ridiculously outdated concepts of loyalty and faith.
On Wednesday, May 22, the House of Representatives finally approved on third and final reading a bill allowing absolute divorce. With it, author Albay Rep. Edcel Lagman stated that it “was a clear and resounding victory and signals the imminent liberation for Filipino wives who are entombed in toxic, abusive and long-dead marriages.” House Bill No. 9349 is the answer to the “irreparably broken or dysfunctional marriage."
Unfortunately, there's still a holdup in the Senate. The current version at the Upper House was originally filed by Senators Risa Hontiveros, Raffy Tulfo, Robin Padilla, Pia Cayetano, and Imee Marcos, and approved on the committee level in 2023. This was the first time it happened since 1986. As of now, there is no traction. In the 17th Congress, we may recall that the divorce bill would meet its demise there, as well.
Every now and then, we are reminded of the pitfalls of being a "Catholic" nation. Even if we are a secular state by proclamation, the Catholic Church has never really separated itself from politics and society. The Philippines continues to grapple with the same social (at times, draconian) conservative laws and viewpoints for too long, many of which are far don't belong in modern life.
Religious opposition delayed the passage of the Reproductive Health Law a while back (late President Benigno "Noynoy" Aquino III was even threatened with being excommunicated). Women's right to a safe and accessible abortion is illegal, too (imprisonment of up to six years is a very real, very sad possibility). The SOGIE Bill, which should be a no-brainer anti-discrimination measure, is still just that: a bill. In May 2019, the Anti-Discrimination Bill officially became the longest-running bill under the Senate interpellation period.
The Philippines is the last member of the United Nations (UN) not to have provisions for such. Arguments against it range from its "unconstitutionality," where the Philippine Constitution specifies that marriage is an inviolable social institution and must be protected by the state, to, of course, worn-out religious talking points.
Having the divorce law, on the other hand, is its own difficult conversation. Perhaps we can say though that the numbers beg to differ, especially in recent years. In a Social Weather Station survey published in 2018, for example, roughly 53 percent of Filipinos agree to legalize divorce. This tells us that more Filipinos have warmed up to the idea.
We first started polling for the legalization of divorce back in 2005, which was when its support was at its weakest. Only 43 percent of Filipinos agreed on a divorce law at the time.
ALSO READ:
Plot Twist: Robin Padilla as an LGBTQIA+ Ally (for Now)
Edcel Lagman: 5 Facts, From the RH Law to the Divorce Bill
However, we may argue that there is still a certain disconnect between the Church and general public opinion. But I suppose we already know that. Unfortunately, those who suffer the brunt of this conservatism have, in most cases, been Filipino women.
Spousal or intimate partner violence is commonplace in the Philippines. In a National Demographic and Health Survey back in 2017, one out of four women aged 15 to 49 were said to have experienced physical, sexual, or emotional violence by their husband or partner. One out of five women have also suffered from emotional violence. Meanwhile, 14 percent of the participants claim that they've experienced physical violence. Five percent of them have also experienced sexual violence by their current or most recent husband or partner.
These numbers are troubling, to say the least. Even government agencies have taken note of these harrowing trends. The Philippine Commission on Women earlier expressed support for the passage of the bill, saying that the current system is disadvantageous to Filipino women.
A divorce law is also one of the UN Human Rights Committee on the Elimination of All Discrimination against Women's recommendations. Such a law would also free couples from the strenuous process of annulment in the Philippines, which is said to start at P250,000. Provisions in the Family Code for annulment also pose quite the hurdles for petitioners, on top of the incredulous financial impact. This ultimately puts women at a disadvantage, having to go through a cycle or pattern of abuse just to honor their marriages for the sake of the Church.
The case for divorce being a "sure formula for raising fatherless and motherless Filipino children" is just absurd. Data from the Philippine Statistics Authority indicates that the share of illegitimate or out-of-wedlock births is as prevalent as ever. In 2018, it suggests that numbers for such have grown to 54 percent. It is, in fact, already happening and has been the norm for this macho-feudal state. Look no further than the Ramon Revillas and Joseph "Erap" Estradas in our politics. The former reportedly fathered 72 children by 16 different women while the latter fathered nine additional kids by six other women. Adultery is illegal in the Philippines, but yeah. "Illegal."
Globally, the Catholic Church has already lost the fight against divorce for decades. With it comes wins for victims of marital abuse. In 1970, Italy, despite staunch opposition from the Vatican, legalized it. Next came Brazil then Spain then Argentina then Ireland then Chile. Pope Francis has reiterated that we must exercise compassion toward divorced Catholics, as well. Filipino Muslims, on the other hand, allow divorce, based on a separate legal system called the Code of Muslim Personal Law. As the world has grown to be more inclusive and incorporate these social changes, we continue to be left behind by our allegiances to the old guard.
The fact that we still don't have divorce just defies reason at this point. The way we cling to religious dogma. Dogma breeds repression. Dogma breeds evil, if left unchecked in the hands of bad actors. Dogma should never infringe on the actualization and the freedoms of our people. The only way for us to truly be free is to allow that freedom for our fellow Filipinos. That includes freedom from abusive situations.
Our Catholic authorities have long held a sense of honor for the distinction of being the only other country in the world, apart from Vatican City, that doesn't have a divorce law. This isn't something to celebrate when the statistics and horror stories of marital violence, as well as a culture that fosters philandering and hypocrisy, occupy such a large space in our society.
I'd like to think a good god would favor the restoration of humanity, self-respect, dignity, and freedom in the aftermath of crises. That kind of compassion should apply to spouses in failed marriages, too. We just can't let people become emotionally, physically, sexually, or psychologically incapacitated because "god's law" said they should stay. Divorce shouldn't be a sin. The only real sin here is the abuse we excuse and ultimately allow.
