Philippine Divorce Bill and Individual Rights in the 21st Century

Here's an article written by Atty. Lourdes Tancinco about divorce and individual rights:

Marriage issues are common in immigration cases.

Marriage as an inviolable social institution is not just a legal definition but also an ideal that we strive for. However, much as our culture embraces the importance and value of family, there are cases where this social institution needs restructuring. With the recent developments in the 15thCongress, Filipino immigrants are eagerly keeping an eye on the progress of House Bill 1799, the divorce bill.

The following are just a few of the cases illustrating the unjustness of the current “no divorce” system in the Philippines.

The Real Widow

Clemente is a Filipino World War II veteran who married Marieta. After living together for one year, Marieta and Clemente separated. Both parties then found new partners and began living with their new partners without the benefit of marriage. For more than fifty years, Clemente lived with his partner Diana and they have three children who are now adults. After suffering from cancer, Clemente passed away last year. As a war veteran, he was receiving compensation benefit from the VA.

When Diana applied for compensation benefit as the widow of a veteran, she was denied the benefit as she was not the legal wife. Marieta, on the other hand, also filed for the benefit and will most likely be granted the widow’s benefit instead of Diana. If divorce were legal in the Philippines at the time Clemente was alive, the pension would have gone to Diana who actually lived with Clemente for several decades and who took care of the latter during all these years.

Threat of Bigamy

Sylvia, a U.S. citizen, married Mario and petitioned him for an immigrant visa. Prior to their marriage, Mario was actually married to Jane who lives in Manila. Since the Philippines does not recognize divorce, Mario filed for dissolution of their marriage in Las Vegas. A divorce decree was obtained in Las Vegas declaring the marriage of Mario and Jane dissolved for all legal purposes.

Mario’s second marriage to Sylvia, however, did not work well and he decided to return to the Philippines for good. Now that he is back in the Philippines, Jane is threatening and blackmailing Mario that she would initiate a bigamous marriage case against him. Under Philippine law, Mario was still considered married to Jane at the time he married Sylvia. The dissolution of marriage that Mario obtained in Las Vegas is not valid as far as Philippine jurisdiction is concerned as both parties were Filipino citizens at the time the divorce was obtained.

If divorce were recognized in the Philippines, then Mario could have dissolved his marriage legally in Philippine jurisdiction and could have avoided the present threats that he is facing.

Victim of Abuse

Purificacion was married to David for five years. After just a few months of marriage, David became violent. He would verbally abusive and Purificacion was beaten regularly during their marital relationship. Purificacion tried to stay in the marital union because of strong pressure from other family members to stay with her husband. Finally, she was able leave David and migrate to the US. Purificacion, as a victim of domestic violence, finally filed for divorce in California where it was granted. She is now living separately from his abusive husband.

U.S.Divorces

Marriage issues are common in immigration cases. In these marriages cases, prior divorce by the party being petitioned is crucial to a valid petition by U.S. citizens. It is not uncommon for separated spouses who wish to remarry but are unable to do so because Philippine jurisdiction does not recognize divorce.

Luckily for some who have financial ability to travel abroad, divorce can be obtained in countries where it is recognized. However, those with no financial capacity are compelled to live with their broken marriages. When the right opportunity comes, and a US citizen (or any other foreigner) wishes to marry a Filipino who is already separated from their spouse, no such possibility is provided as there is no divorce in the Philippines and subsequent remarriages are not valid.

Divorce Bill

With approximately four million Filipinos in America, the divorce rate among the Filipino families is not at all high. We still bring with us the culture of the value of families, despite the availability of divorce as an option.

Marriage may still be viewed as a social institution. A cohesive family with strong family values creates good citizens. However, a nation that cares for its citizenry must not just protect the family as an institution but also the individuals who comprise that family. Providing options to legalize divorce does not automatically mean a mushrooming of divorced families- it should be perceived more as a regulated way of protecting individual rights and upholding values of fairness when cases arise that will warrant a termination of marital relationship.


Reference:
Philippine divorce bill and individual rights in the 21st Century