The Philippines, the only country other than the Vatican where most married couples are not allowed to legally divorce, has taken a first step towards remedying the situation. The lower house of Philippines’ Parliament last week passed a Bill to legalise divorce in the country. Representative Edcel Lagman, the Bill’s author, said: “As the only country in the world besides the Vatican where divorce is still illegal, this is a clear and resounding victory and signals the imminent liberation for Filipino wives who are entombed in toxic, abusive, and long-dead marriages.” The Bill will go to the Senate in August, and will require presidential assent to become law. Lagman said its passage in the House of Representatives “signifies a significant shift in societal attitudes towards marriage and relationships”. Similar legislative attempts have failed earlier. What explains the Philippines’ unique position on divorce, and what rights of separation exist for married couples at present? Why is divorce not legal in the Philippines? It has to do with the religious composition of the population and the outsized role that religious institutions play in influencing views on social issues. According to the 2020 Census, Roman Catholics account for 78.8% of the household population, which is among the highest in the world in terms of percentage. Muslims (6.4%) are the second-biggest group. Notably, Muslims have the right to divorce as they are governed by Sharia law in personal matters. What does Catholicism in the Philippines have to do with divorce? For traditional Christians, specifically Catholics, marriage is seen as a sacred commitment made not just to a spouse but to God and society. Married Catholic couples may separate in some cases, but they cannot remarry in church. Henry VIII of England (1509-47) famously broke from the Catholic Church and appointed himself Supreme Head of the Church of England after Pope Clement VII refused to allow the annulment of his marriage to Catherine of Aragon so that the king could marry Anne Boleyn. Over the centuries the Church has relaxed its position in most parts of the world — barring the Vatican, the seat of the Pope. Countries such as Spain, Argentina, and Ireland, all with large Catholic populations, allowed divorce in the 1980s and 1990s. The case of the Philippines is unique. Before colonisation by Spain in the 16th century, divorce was an acceptable practice in the islands. Divorce was allowed subsequently too, during parts of the American colonial period (1898-1946), and the Japanese occupation (1942-45). In modern Philippines, however, politicians, the Church, and much of the population strongly backed a ban on divorce. Sociologist Jayeel Cornelio of Ateneo de Manila University told The Economist in 2020 that the slight decline in the influence of Catholics over the country’s politics and lawmakers had been “offset by the growing importance of various Protestant sects” who hold strong views against divorce, abortion, and same-sex marriage. So what rights of separation do Filipinos have now? Divorce is not allowed — but legal separation and annulment of marriage is. The former allows parties to live separately but does not end the marriage, which means neither party can marry again. In an annulment, the marriage is declared void — as though it never happened. Grounds for separation include physical violence or grossly abusive conduct and marital infidelity; the grounds for annulment are insanity, fraud, force, intimidation at the time of wedding, etc. These grounds have to be proven in court, and the legal remedy is costly and could take years. Women in bad marriages could continue to face domestic abuse, and their legal documents and assets may stay linked with their husbands' even after separation. What does the Bill propose? The Bill stipulates the grounds for “absolute divorce”, which include psychological incapacity, irreconcilable differences, domestic or marital abuse, etc. Petitioners can approach a family court, which will give a mandatory 60-day cooling-off period in certain cases, if there is scope for reconciliation. If the petition goes ahead, it must be decided within a year. “The decree of absolute divorce shall have the effect of judicial dissolution of a marriage where the divorced spouses return to their status of being single with the right to contract marriage again,” the official Philippine News Agency (PNA) reported. Could the Philippines make history, then? The proposed Absolute Divorce Act passed in the House 131-109 with 20 abstentions, PNA said. In the past, however, similar Bills have failed to progress beyond a point. In 2018, after one such Bill passed the committee level at the House of Representatives, a senior Catholic clergyman said: “Divorce is a direct affront to the law ordained by God and specifically reiterated by our Lord Jesus Christ!” The Bill ultimately failed in the Senate. This time, some local surveys have shown about half the population to be accepting of divorce — a higher percentage than earlier. Current President Bongbong Marcos has extended his qualified support to divorce. “There are cases where it (the marriage) can’t really be worked out. But let’s not be like other places where getting a divorce is so easy,” he had said during his 2022 campaign.
