Topic: Divorce

Divorce has always been a big issue in the country. The fact that Philippines is a Christian

country makes the religious fanatics question divorce as an available measure to dysfunctional

marriages, because for them, “what God has united shall never be broken by any man.” On the

other hand, human rights activists, victims of abuse, and other legislators continue to push for the

law on divorce to be passed for it will provide a solution to dysfunctional marriages, especially

those which union became a sentence to their lives because of domestic abuse and the like.

Last July 31, Manila Bulletin reported that Senator Pia Cayetano filed her own version of

Senate Bill No. 288 or the Absolute Divorce Act of 2019. According to the Senator, she has no

intention to trample on and question the religious beliefs of others, and even reiterated that people

who are against this measure do not have to avail of it. When it comes to legal issues, however,

she said that she has the obligation to have an open mind to pass laws that people of the Philippines

could avail of. The only present option available to irreconcilably separated couples as of the

moment is annulment – as provided for in Article 45 of the Family Code of the Philippines – and

legal separation – found in Title II (Article 55) of the Family Code of the Philippines.

According to Article 1 of the aforementioned Code, “Marriage is a special contract of

permanent union between a man and a 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.” As much as the family is an inviolable social institution,

laws should be evolving and adapting to the current needs and demands of the society. The need

for the enactment of divorce law is not diminishing due to the fact that more and more people are

becoming victims, or becoming more susceptible to human rights violations because of abusive

unions and families. Being a policy of the State to protect the family and its members particularly

women and children, from violence and threats to their personal safety and security forwards the

immediate enactment of the Absolute Divorce Act of 2019 further.