| In
the light of the ongoing discussion whether divorce should be allowed
in the Philippines or not, INNABUYOG-Gabriela is sharing this discussion
paper on divorce in the Philippines. This paper is prepared to clarify
many questions arising from a house bill on divorce filed by Gabriela
Women’s Partylist Representative Liza Largoza-Maza. As Rep. Maza
always reiterates, the divorce bill is Philippine-style, being sensitive
and has considerate of the socio-cultural practices of the country. It
is a last resort mechanism where all possibilities to restore a marital
relationship have been exhausted.
What are the realities?
1. The crisis in Philippine society, whether economic, political or social,
has brought a lot of marriages into turmoil across all social classes.
Cases of abandonment, cruel and inhuman treatment, adultery or sexual
infidelities, especially inflicted on women, abound such that couples
are better off living separately or terminating their marriages. These
marriages are simply beyond repair.
Consider the following:
a. Physical injuries/wife battering accounted for 53.6% of the total
8,011 reported cases of violence against women at the Philippine National
Police (PNP) in 2003. About 3-10% perpetrators are husbands of the victim.
Husbands, according to the PNP report accounted for 28 % of violence
against women crimes. The Department of Social Work and Development
(DSWD) reported that in 2003, of the 15,314 women in especially difficult
circumstances that the agency serviced, 25.1 % or 5,353 were cases of
physical abuse/maltreatment and battering;
b. In addition, incest or sexual abuse inflicted on children, grossly
abusive conduct, infidelity, disagreements over money matters and livelihood
that lead to verbal arguments and even physical violence, psychological
illness, mental imbalance, drug addiction or alcoholism of either spouse
leading to violence or abuse are some of the varied reasons that destroy
a marriage relationship.
2. Among the poor, who more often than not do not have access to courts
to legalize marriage separation, a considerable number of spouses end
up separating without the benefit of legal processes. However, in the
process, their status are often times questioned, and they suffer stigmatization
if not legal punishment when found in another relationship.
3. Historically, divorce has been widely practiced in our country even
before the Spaniards came in the 16th century and continue even today
among indigenous Filipinos such as the Tagbanwas of Palawan, Gadang of
Nueva Viscaya, the Sagadans and Igorots of the Cordilleras, the Manobos,
Bila-ans, and Moslems in various parts of the country.
4. Legally, the country has had divorce legal laws.
a. In 1917, the Philippine Legislature repealed the Siete Partidas
(an act during the Spanish period that allows legal separation) through
Act No. 2710, which allowed divorce on the grounds of adultery on the
part of the wife and concubinage on the part of the husband.
b. During the Japanese period a new divorce law (Executive Order No.
141), was promulgated providing for 10 grounds for divorce in addition
to adultery and concubinage. These are: attempt against life, second
subsequent marriage, incurable insanity, loathsome disease, impotence,
violence against spouse, unjustified desertion for 1 year, intentional
absence for 3 years and slander by deed or grave assault.
c. When the Commonwealth was established under the Americans in 1944,
Executive Order 141 was repealed and its place, Act 2710 was restored.
d. However, Act No. 2710 was repealed in 1950 and was then replaced
by the Civil Code of the Philippines which provided for legal separation.
The draft of the Code had provisions on absolute divorce but was subsequently
removed and substituted with legal separation.
e. While the Code of Muslims (PD 1083) allows divorce among Filipino
Muslims, subsequent laws under the Philippine Republic permitted only
relative divorce, which in the current Family Code meant legal separation
(or speration from bed or board only) under certain justifiable condtions.
f. In the light of the foregoing, our present laws on marriage should
be amended to allow for divorce. The present grounds for legal separation
which are recognized in our society as justifiable bases for relative
divorce should be re-enacted as lawful grounds for absolute divorce.
Continued next week:
What are the arguments against divorce?
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