Divorce: To
legalize or not?
Marriage is the most
important event to any couple. It serves as the bond to the family they are
planning to build. A family consisting of husband, wife and a child. These three elements compose a family. Each
member functions to keep the ties and to make it fulfilling. What happened when
the husband become tired of the relationship? What if the mother found another
man? What happened to the child who receives the negative effects of a failed
family relationship?
The only legal recourse
available to Filipinos who want to exit a failed union is through an annulment
or a petition for legal separation. It has different grounds and end results. Under
the Family Code of the Philippines, a marriage may be annulled if any of the
following grounds exist: lack of parental consent, psychological incapacity,
fraud, marriage by force or intimidation, inability to consummate the marriage
and if one party has contracted a sexually-transmissible disease. The 1987
Family Code was introduced under the presidency of Corazon Aquino.Those seeking
annulment must undergo a mental exam, testify in court and sometimes even claim
they or their spouse entered the union while afflicted by a psychological
disorder. The process can cost at least P250,000 and take anywhere from one to
10 years given the congestion in Philippine court dockets. Meanwhile, a
petition for legal separation requires any of the following grounds: repeated
physical abuse from partner, coercion to change religious or political
affiliation, attempt of respondent to corrupt petitioner or their child to
engage in prostitution, respondent meted with imprisonment of more than 6
years, drug addiction of spouse, lesbianism or homosexuality, bigamous
marriage, sexual infidelity or perversion, attempt against the life of spouse
and abandonment without justifiable cause for more than a year. If the petition
is granted, the couple may live separately from each other. The conjugal
partnership is also dissolved, but the marriage bonds are still in effect. Annulment
also allows remarriage but legal separation does not.
The Divorce Bill, or House
Bill 7303 ("An Act Instituting Absolute Divorce and Dissolution of
Marriage in the Philippines."), passed with 134 votes in favor and 57 against,
with two abstentions. The House of Representatives approved on a third and
final reading the proposed law, which would allow Filipinos to remarry after
being granted a divorce abroad. This divorce bill would mean a court ruling could
dissolve a marriage if it is deemed "irremediably broken", allowing
individuals to remarry another person of the opposite sex. The bill would also give
courts the power to decide custody "in accordance with the best
interests" of minors. Children under seven could not be separated from
their mothers unless there were "compelling reasons" to do so.
Philippines are
considered to have close ties with Catholic Church. Along with Vatican, they
are the only countries in the world where divorce is not legal. House Bill 7303
aims to make divorce more accessible to a wider range of couples seeking liberty
from irreparable marriage. It provides that the "State shall assure that
the court proceedings for the grant of absolute divorce shall be affordable and
inexpensive, particularly for court assisted litigants and petitioners." The
proposed measure also pushes for pro-women legislation as the bill notes that
in most cases of irreparable marriages it is the wife who is entitled to
liberation from an abusive relationship. The status of the children of divorced
couples also takes preference. A joint petition for divorce should include a
plan for parenthood that details support, parental authority, custody and
living arrangements of the common children. For the legitimate and adopted children
of divorced spouses, they will retain their legal status after the petition for
divorce is granted. A child born or conceived within 300 days after filing for
divorce is also considered a legitimate child, except when the basis for
divorce is marital infidelity of the wife. The bill also proposes that divorced
spouses shall have the right to remarry.
The final decision for this
bill is still in the hands of the president. He may approve it or veto it. The
president’s spokesperson, Harry Roque, already announced the side of the
president to this bill, according to him even if the presidents have a failed
marital relationship with former wife Zimmerman, he does not support the
Divorce Bill. While the Senate President, Koko Pimentel, adding more grounds to
annulments rather than passing the bill will be more appropriate. The stance of the bill is still unknown. It
is being push to be a law for about 20 years but until now it is not been
approved.
I partially support the
lawmakers who authored this bill. Making it easy to settle the family’s problem
also helps the child to secure its right. Annulment is a long and costly
process that forces the couple with problem to seek legal separation rather
than annulment. Its deportment on the bicameral system is still unsupported. To
be able to make a bill a counterpart bill shall be filed but no one in the
senate is interested in doing it. It is a sign that we, Filipinos, really value
the family ties we have. Pros and cons must be exhibited to all especially the
layman in order to give awareness and knowledge of its advantages and
disadvantages.