Is the Philippines ready for divorce?

Posted at 08/18/2010 6:03 PM | Updated as of 08/19/2010 11:42 AM

MANILA, Philippines - All the nations in the world -- except the Philippines and Malta -- allow divorce.

In the meantime, troubled couples here in the Philippines turn to annulment, or the process of declaring a marriage null and void. Unlike divorce, which only terminates a bad marriage, an annulled union is treated as if it never existed.

But according to Atty. Alnie Foja, legal counsel of militant women's party-list Gabriela, this remedy isn't enough. For one, she said annulment doesn't recognize the problems and struggles that spouses go through during their marriage.

"Halimbawa, walang bisyo 'yung asawa nung niligawan tapos during the marriage nagkabisyo at nagsimulang mangbugbog. 'Yung grounds na ganyan hindi available sa pag-nullify ng marriage sa atin," Foja said in an interview on ABS-CBN's Umagang Kay Ganda.

Gabriela has tried to file the Divorce Bill in Congress twice, and failed. But they're not losing hope.

In the said bill, there are 5 grounds for the termination of marriage -- if the spouses are already separated de facto (in practice, but not necessarily ordained by law) for 5 years and reconciliation is highly improbable; if the spouses are already legally separated for 2 years; if the marriage is no longer working; if one or both spouses have psychological incapacity; or if spouses have irreconcilable differences resulting to irreparable breakdown of the marriage.

Foja said the group will continue to fight so Filipinos, particularly abused wives, will have more options should they want to end a bad marriage.

Lawmaker on divorce: No thanks

Gabriela may have the best intentions, but is the Philippines, particularly Congress, ready to embrace the reality that not all marriages are meant to last?

Not Buhay party-list Rep. Irwin Tieng, who believes that the "sanctity of marriage and family should always be protected." According to him, divorce will only serve as a feasible exit strategy for spouses when things go awry in a marriage, discouraging them from trying to make the relationship work.

"Kaya hindi kami sang-ayon dito kasi kapag may divorce, parang papasok na lang ang tao sa isang bagay tapos kapag ayaw, lalabas na lang," he said.

Tieng was particularly referring to some cases in the United States, where some celebrities would get married and get divorced the next day.

If divorce were to be legalized in the country, he fears that people will become more irresponsible in making important decisions such as choosing a partner for marriage.

"Marami namang ibang paraan na hindi divorce. Pwedeng bago tayo ikasal, alamin muna natin ang ating partner, mag-attend tayo ng seminars at counseling bago tayo pumasok sa isang bagay na napakasagrado," he explained.

Moreover, Tieng said that a broken family will only negatively affect the kids psychologically. "Iba ang upbringing nila, pati pananaw nila. Let's maintain the sanctity of family," he said.

Asked if the Divorce Bill is likely to get support from Congress, Tieng said, "Maliit ang chance."

Sanctity of marriage?

Foja, for her part, stressed that contrary to what most people think, pushing for the legalization of divorce in the country doesn't equate to a lack of respect for the sanctity of marriage.

According to her, there are just some relationships that can no longer be fixed, such as those that involve wife-battering.

"May mga malinaw kaming batayan. Hindi naman namin ito kinuha lang dahil gusto lang namin ng divorce. May mga kababaihan sa buong bansa na nararamdaman nila na naghahangad sila ng dagdag na option para mapawalang-bisa ang kanilang kasal," she said.

She added, "Darating talaga minsan sa point na hindi na talaga kaya maiayos 'yung marriage, whether it be after 2 years, 2 decades or 40 years."

Foja also assured Tieng and the rest of the public that ending marriages won't be as casual as changing clothes -- each step will be properly guided by law, she said.

"Itong batas namin ay hindi 'no fault' divorce. Ito ay susuriin ng husgado kung talaga bang wala nang pag-asa na makipagbalikan. Mag-eexert muna ng effort ang husgado na magkabalikan sila," she explained.

She believes that spouses should be given a chance to learn from their mistakes, move on and grow, rather than be stuck in a marriage that only causes pain and suffering.

"Kung talagang sagad na at kailangan na dahil may mga nangyari during the marriage, kailangan ng option -- babae man o lalaki -- na umalis sa kasal na ito para maging buo ulit ang kanyang pagkatao," she said.


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8 comments

It is ready for dissolution of marriage.

If some sectors despise the word divorce, this is a socio-cultural problem that should be decided by people itself and not from the conservative sector.


Divorce is a Double-Edge Sword

Divorce is a double-edge sword for the Philippine society. First of all, divorce is the judicial dissolving of a marriage which releases both parties from matrimonial obligation.

Today, married couples who want legal separation can only obtain that in The Phillippines by filing for annulment. The average Filipino cannot afford to file for annulment, so the couples will either live separately or raise a second, third or fourth family.

If divorce becomes part of our society, it will make it easier for either party to terminate a marriage whenever their is a conflict, whether its about a third party, over money, over misunderstanding or over million other reasons or excuses to dissolve a marriage. Some say that a divorce would also end the physical and/or mental abuse by either party. All these and many other reasons are legitimate issues to raise in order to pass legislation to authorize divorce in The Philippines. Some say that divorce in The Philippines will weaken the family values that we have been known for as a society. I also agree on this. A divorce law will not cement a family together. A divorce law will break a family apart.


Divorce is a Double-Edge Sword

Divorce is a double-edge sword for the Philippine society. First of all, divorce is the judicial dissolving of a marriage which releases both parties from matrimonial obligation.

Today, married couples who want legal separation can only obtain that in The Phillippines by filing for annulment. The average Filipino cannot afford to file for annulment, so the couples will either live separately or raise a second, third or fourth family.

If divorce becomes part of our society, it will make it easier for either party to terminate a marriage whenever their is a conflict, whether its about a third party, over money, over misunderstanding or over million other reasons or excuses to dissolve a marriage. Some say that a divorce would also end the physical and/or mental abuse by either party. All these and many other reasons are legitimate issues to raise in order to pass legislation to authorize divorce in The Philippines. Some say that divorce in The Philippines will weaken the family values that we have been known for as a society. I also agree on this. A divorce law will not cement a family together. A divorce law will break a family apart.


Been There Done That

To all of these self-righteous and hypocrite people who wanted to impose continuous hardship with already ailing lives of our fellow Filipino's.

Why don't we put all available options on the table and let those concerned individuals chose what solution suits them best given that they satisfy any legal obligation they must comply?

Is that too much for the "free people" and the so called Filipino "freedom"?

And why don't you stop shoving your obsolete-non-functional-old-age rhetorics of this and that and try opening your brain for some fresh air and start living in the 21st century where every viable option is used for the benefit of majority.

Not politically and religiously but what is really needed for the Filipino people to feel we are being heard and being given what we really needed.

We know our beloved country will be better without these hypocrites and selfish sheep disguised individuals.


wth

marriage would become whimsical if this would be allowed.


From another headline

SPEAKING FROM EXPERIENCE, NOT HYPOTHESIS OR ASSUMPTIONS

ANYONE who is abused should be allowed to end the legal contract of marriage. Otherwise, the law and government would itself be guilty of aiding and abetting assault, battery, rape and anything that is inflicted on the individual (and other family members/friends) by keeping them practically bound and gagged to the abuser.

I can speak on this because I am a divorcee-I married an abusive man in the US. I know what it is like to have been battered by a mentally unstable man; someone who had little regard for women (as it turned out) and even less regard for non-American women. He felt that women should be seen, not heard.

I had two priests and a monsignor advising me to consider MY welfare as a mother and file for divorce: HOW could I be a good mother if I am focused on being in fear of my own life? How can I trust my judgment IF I constantly second-guess myself after being treated like I'm stupid? (Look up "Battered Wives Syndrome")

For those claiming that young children will suffer, here is what will happen: If the abuser is the father, the lesson reinforced is that if you are male, it is ok to hit a female, and if you are female, you have to take the abuse whether you like it or not (Simply reverse these is the abuser is female). The children KNOW that their parent is being hurt-and will feel equally powerless in that situation and will grow up believing that they cannot affect anything. They are not devoid of truths in their surroundings. Having to live through the abuse (whether they simply witness it or receive it as well) will either train a new generation of abusers or raise psychologically inhibited, emotionally stunted (or both) people.

Quit taking away empowerment from the individual by making lives dependent on committee meetings, old doctrine made obsolete by today's existing challenges and stop abuse. Respect the individual and their inner strength by protecting THAT. Pass divorce and make it an individual choice. Do not be an accessory to continued domestic violence. Get these people and the children away from the abusers NOW.


divorce not needed

some dont need divorce. many take up and go and leave their spouses behind, children included. then they live in sin with others, and never give for the keep of the children.


Overdue

It's time for some women or maybe men to move on and find the happiness the've been deprived from previous marriage or relationships. Why should anyone be stuck with a psycho or a maniac forever? The divorce will spare a wife and/or children's lives from such monsters.



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