Philippines – A land Where Divorce Is Banned!

With attacks raging everywhere against the marriage institution, with divorce rate almost competing with the number of those seeking jobs, it is amazing to hear that there is a nation where divorce is not tolerated.

But is the ban on divorce capable of making marriages better and enjoyable?

The legal “ban” on divorce definitely does not guarantee successful Filipino marriages and of course not everyone is happy. 

On the legislative front, we note that since the Family Code’s publication, that is from the Eighth to the Fifteenth Congress, and up to this day, separate bills were filed singing the same old song: we want a divorce law! 

Other anti-marriage bills have also been abundant. Several legal techniques to liberalize marital law have been forwarded. More exit mechanisms were proposed: a more liberal recognition of foreign divorce, the amplification / re-definition of legal separation, and the liberal legal definition of psychological incapacity.  

Since the dissolution of the bond is not a legal possibility, some couples have resorted to either an annulment of marriage or a judicial declaration of its nullity.  The former invalidates an otherwise valid marriage based on limited grounds while the latter is a proclamation that there was no valid marriage right from the start.  

Among the grounds established is the provision for declaration of nullity based on psychological incapacity of one or both of the spouses. This is the most widely-used ground. 

The Supreme Court has been consistent in stating that the invocation of psychological incapacity is not like divorce as in other jurisdictions, but we note that its very liberal consideration in some lower courts could be contrary to this. 

It even reached a point where it was described as the most liberal divorce law in the world after a judge made a nullity decision grounded on psychological incapacity and cited conjugal differences!

Sure, not every Filipino marriage is a happy marriage.  But there are provisions for a legal separation, with the marriage bond still intact. 

What divorce law supporters really want is to allow the possibility of remarriage. But won’t this completely change how Filipinos understand what marriage is all about?  Is it worth changing the rules for difficult marital situations, thus destroying the dream of what marriage is as a lifetime commitment? 

Isn't this what Pope Francis intimated when he recently told Filipino families that it is "important to dream in the family" and "beware of the new ideological colonisation that tries to destroy the family"?  He actually encouraged Filipinos to look beyond the difficulties that their families experience because they are the country's "greatest treasure", thereby worth protecting.  

As the debates ensue, we need to spend time reflecting on these words and think of what lies ahead.

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