Divorce is a controversial topic that many people often discuss about it. In 2005, Lisa Masa of Gabriela, party list representative, filed a divorce bill. But before 2005, there were already several divorce bills that had been filed. In 2001, same bills were filed in the Senate (Bill No. 782), it was introduced by Senate Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorbale Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, also for legalization of divorce. This 14th Congress, Gabriela again filed a bill to introduce divorce in the Philippines. House Bill No. 3461 was filed by Gabriela Women’s Party Representatives Liza Largoza-Maza and Luzviminda Ilagan.
In Filipino culture, marriage is regarded as a sacred union of two families. Marriage is considered as a fountain of love, protection and care. The Philippine society usually discourages breakups between husband and wife. As much as possible, many coupes keep their relationship together despite problems and breakdown of the marriage, because that is what Philippine culture is. But the cultural prescriptions of women and men differ. Women are traditionally known as the primarily responsible for making the marriage work and they are the ones who are expected to sacrifice everything just to preserve the marriage and the family. While women are demanded for fidelity to their husbands, men on the other hand are granted sexual license to have affairs outside marriage and when marriage fails, the woman is blamed for its failure.
Given these realities, couples must have the option to avail their full development and self-fulfilment and the protection of their human rights. Existing laws are not enough to address this need. To quote the Women’s Legal Bureau, Inc. a legal resource NGO for women:
“The present laws relating to separation of couples and termination of marriage are inadequate to respond to the myriad causes of failed marriages. Particularly, the remedies of declaration of nullity and annulment do not cover the problems that occur during the existence of marriage. Legal separation, on the other hand, while covering problems during marriage, does not put an end to marriage.”
“Though both divorce and a declaration of nullity of a marriage allow the spouses to remarry, the two remedies differ in concept and basis. A declaration of nullity presupposes that the marriage is void from the beginning and the court declares its non-existence… Beyond [the] grounds specified [in the law], declaration of nullity is not possible. ”
“In annulment, the marriage of the parties is declared defective from the beginning, albeit it is considered valid until annulled. The defect can be used to nullify the marriage within a specified period but the same may be ignored and the marriage becomes perfectly valid after the lapse of that period, or the defect may be cured through some act. The defect relates to the time of the celebration of the marriage and has nothing to do with circumstances occurring after the marriage is celebrated. In annulment, the marriage is legally cancelled, and the man and woman are restored to their single status. ”
The bill proposed by Gabriela seeks to introduce divorce in the Philippine law with a strong sense of confidence that it will be used responsibly by Filipino couples. Filipino families should know that separation is usually the last option of many Filipino couples whose marriage has failed. Cases of battered women who seek separation after many years of trying to make the marriage work. Separation only becomes important for them when they realize that it is really necessary for them and their children’s survival. Divorce could actually provide protection to battered women and their children from violence and abuse.
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