The Philippine Online Chronicles

Partylist group GABRIELA has recently re-filed the Divorce Bill. According to the group, there is a need for a law like this to be passed to provide married couples with options if their relationship cannot be salvaged.

The procedure to file for divorce will be the same as filing a civil case. There must be a petition for divorce, and the petitioner must be able to prove the grounds for divorce. There will be a trial before a judgment is rendered.

Divorce vs Annulment

The divorce bill is different from the annulment law. In a divorce, a couple acknowledges that they are legally and married validly, except that some extenuating circumstances compel them to go their separate ways. Grounds can be abandonment and irreconcilable differences. For an annulment to be granted, it must be proven that the marriage was conceptually problematic to begin with, which makes the marriage invalid in the first place. In our country, the main basis for an annulment to be granted is the psychological incapacity of one or both parties in the marriage.

It is very expensive to get an annulment because there is a need to pay for the services of a psychiatrist to do an evaluation and declare one or both of the spouses to be psychologically incapacitated. Another reason why annulments get so expensive is because most of the time, judges are paid off to expedite the process, thereby encouraging corruption. Annulment fees range from P200,000 to P400,000 and it takes anywhere from nine months to several years before it becomes finalized. Because of the high fees, annulment doesn’t become a viable option for the poor. This means also the upper middle class and the rich get to avail of the law, leaving the poorer couples with no other affordable legal options.

Another problem with the current annulment law is that there are no financial provisions set for the spouse. We have no laws regarding alimony and child support. If a wife files for annulment, once it is granted, the ex husband has no financial obligation to provide alimony to help the wife recover. It is up to good will if the spouse will maintain child support since there are no specific laws that are in place to force an unwilling parent to pay. Since statistically, women get poorer and experience economic hardship after a separation, there is no recourse for a woman in the country with an annulled marriage to go after her ex spouse for monetary support. In America, if you have a deadbeat dad, a woman can file to have the man’s wages garnished or have his license suspended. Also, there are no set guidelines with regard to the separation of properties.

The divorce bill seeks to correct these problem. There will not be a need to prove psychological incapacity, therefore no need to use and pay for the services of a psychiatrist. The legal fees incurred in filing and processing a divorce case will be the same as regular court fees plus attorney fees.

There is a provision in the divorce bill that provides for monetary support for the spouse for a period of one year after the divorce. This is to give the other party time to regain her financial footing, perhaps to start a business or focus on her career again. This provision is separate from the child support that the woman will receive for the children.

Divorce vs Legal Separation

Unlike a legal separation, once a divorce is finalized, the individuals can then legally marry other people. It is the same with an annulment. This divorce bill is different from the recently junked petition to have a ten year renewable marriage. That bill if turned into law would have made the entire institution of marriage a joke. A divorce bill is not setting an expiration date on a marriage. Rather, it is setting in place a procedure for those who need to get out of a marriage due to abuse, adultery, abandonment and a whole host of issues. An annulment won’t always work because even if both spouses are of sound mind and body, sometimes, there are just things or personalities that don’t go well together. It is a means of correcting a mistake and to prevent further psychological and emotional damage to the children.

Hurdles! Hurdles!

The Philippines and the Vatican City are the only countries in the world that do not allow divorce.Supporters of the bill say the biggest hurdle the bill is facing is the Catholic Church. Just as the church has been vocally against the Reproductive Health bill, they will strongly oppose the bill on moral grounds. In our country, anything that is considered immoral will be shot down by the Bishops, even if it goes against logical thinking, such as the need for responsible population control.

However, proponents of the bill say that there shouldn’t be a problem in having a divorce bill in the country. Devout Catholics and Christians can stay married based on the teachings of their faith if they so desire. Take Italy for example, which is also a Catholic country. In fact, the Vatican is in Rome! The country has a divorce bill despite the presence of the Vatican in their country.

There should be a separation of church and state. Just as the state doesn’t interfere with the laws and matters of the church, the church shouldn’t interfere with matters of the state. You don’t see the president of the country influencing who the next bishop or parish priest will be do you? Yet why do the Bishops and priests try to influence whom the people will vote for?

The Philippines had a divorce law provision!

It may be shocking to realize that prior to 1950, the Philippines did have a divorce law provision. Former vice president Arturo Tolentino himself was a divorcee. Therefore, it cannot be argued that the public isn’t ready for a law such as this, since historically, we did have it before.

Supporters argue that just because the law is there, doesn’t mean that everyone will utilize it. We have laws against murder, but you don’t see people killing each other just so they can utilize it. If a couple feels that do not want to divorce on the basis of their faith, then they do not have to do it. The bill is intended for those who need and want it. It is an option, and ultimately, then it is up to the individual to decide what to do about it.

Consider the Divorce Bill

"The bill proposes that divorce may be filed when the couple have been estranged for at least five years, or legally separated for at least two years, with little hope of reconciliation; when any of the grounds for legal separation has caused the irreparable breakdown of the marriage; when either or both people are psychologically incapable of complying with the essential marital obligations; and when the spouses suffer from irreconcilable differences which cause the breakdown of the marriage."

The divorce bill should be considered because it will address a legitimate concern. There are certainly many couples who can avail of this if it comes to pass.

It should also be noted though, that aside from a divorce bill or providing an exit for irreconcilable couples, more stringent guidelines must be met before a couple can get married. There should be more couple’s education, perhaps that can be incorporated in high school and college social studies and religion classes. Perhaps barangays can conduct relationship seminars to provide couples with skills on dealing with marital conflict. Why not provide free marital and child rearing counseling services? Maybe we should raise the legal age to get married so couples will be more emotionally mature. Parents should themselves educate their children about the hardships of staying married. Churches can provide a support system for their parishioners who need relationship counseling. Before a priest marries a couple, maybe he should see to it that it isn’t a shotgun marriage or a relationship headed for disaster.

Voice out your opinion and make an informed decision.

If you feel that this measure is important to you, show your support for it. In the same manner, if you are against it, then voice your opinion. This is why we are a democracy. However, before shooting down the bill, educate yourself about the contents and merits of the bill. Think about the benefits and consequences carefully. Think about how you, someone you know, or even how your own children will be affected by the bill if it becomes law.

The public has to take responsibility for the laws being passed in the country, and not let the legislators or the church to dictate what is good for us. Historically, if there is enough clamor for a law, it will be passed.

Let’s hear out the arguments for and against the refilled divorce bill. Then we can make an informed decision about it.

Here is  House Bill 1799, An Act Introducing Divorce in the Philippines.

Photo: “...for better or for worse ... - IMG_8820 ed” by Dimitris Papazimouris, c/o Flickr. Some Rights Reserved