FOR BETTER, FOR WORSE: A CATHOLIC’S TAKE ON DIVORCE IN THE PHILIPPINES
Divorce is currently under debate to be passed as a law in the Philippines. This paper talks about Filipino’s stand, as a catholic nation, on the implications of divorce on their faith and its probable impact on the sanctity of marriage and family.
For the longest time, notwithstanding those marriages that are ‘void ab initio’, the only remedy to end an irreparable marriage is through Annulment and Legal Separation. The grounds are very hard to ascertain and most of the time subjective.
These remedies do not provide adequate options to couples who wish to have another chance at having a happy family life, most especially if their situation does not fall under the grounds provided for by law.
House Bill 7303, seeking to institute Absolute Divorce in the Philippines, has finally been approved by congress. The objectives of this bill includes:
To provide opportunity for spouses in irremediably failed marriages to secure an absolute divorce decree under limited grounds and well-defined judicial procedures
To protect the children from the pain and stress resulting from their parent’s marital problems
To grant the divorced spouses the right to marry again[1]
This Bill provides opportunities to couples, who are in irreparable marriages to have a fresh start and also ensure an inexpensive and affordable court proceedings in securing an absolute divorce decree. [2]
However, because of the Catholic Church’s stand on the inviolability of marriage, Filipinos, who are mostly Catholics, are against it since it goes against their religious beliefs. The church views Marriage as more than the union of two spouses, cultural and universal, from which the family, which is the most basic unit of society is founded upon.[3]
Catholic Filipinos are of the impression that the passage of this law, will corrupt our morality and people will no longer have any qualms about leaving families for the sake of another happily ever after. Our catholic upbringing holds marriage as inviolable no matter what the circumstances.[4]
In fact, the Catholic Bishops Conference in the Philippines (CBCP), has been very vocal about their advocacy in protecting marriages since for them, the family remains as one of our most valued treasure as Filipinos.[5]
The influence of the Catholic Church has been deeply embedded in our society, that when asked about whether or not divorce should be passed, about 75% of the married individuals answered in the negative citing that it is against their religious convictions.
For them, it is important to amend the annulment laws in the country, making it affordable and accessible to most people, instead of opting for the passage of divorce.
When asked if he is Pro or Anti Divorce, a colleague of mine said, “No, because I believe that Marriage is a sacred union that can’t be undone by any Law.”
A union, bound in marriage, whether good or bad, is often attributed to ‘fate’, which is perceived to be synonymous to God. He is conceived primarily as the universal regulator of human lives and historical events. [6]
That mindset is not at all surprising since Filipinos are very romantic and mostly believe in ‘forever, til’ death do us part.’ Love is itself exalted to the status of ‘sacred’.[7] Its sanctity, when bound by marriage is much protected, as it has been raised to a level of a sacrament. [8]
However, it is also important to highlight the benefits that Divorce will provide to our country and make them remember that the Church should be separate from the State.
Even the CBCP acknowledges that separation saying, “We do not mean to interfere with the dynamics of a political entity such as our country’s legislature. We are fully aware of the limits of our influence as spiritual and moral leaders of the ecclesiastical communities entrusted to our care.”[9]
Sec. 2 of the bill says that “divorce would give a chance for couples to terminate a continuing dysfunction of a long broken marriage.”[10]
Irreconcilable Marital Difference and conflicts resulting in the total breakdown of the marriage beyond repair “despite the efforts of both spouses,” is now a ground for divorce. As a Pro-woman bill, it seeks to help women, who are most of the time, at a disadvantage when it comes to marital squabbles, have the guarantee of total protection, most especially on child support and alimony.
In our patriarchal culture, it is mostly the women, who are required to stay at home and take care of the domestic affairs of the household and the children, eliminating their chance of employment and income. As their financial stability is left to the discretion of the husband, the divorce bill would safeguard their economic rights, by requiring alimony and child support.
It also says that it hopes to save children from pain, stress and agony consequent to their parents’ constant marital clashes and “to grant the divorced spouses the right to marry again for another chance of marital bliss.”[11]
This multi-faceted bill needs to be discussed thoroughly and its key points highlighted so that people will not have the impression that this only seeks to disrupt an inviolable union between husband and wife.
This law does not break a marriage since the marriage was already broken in the first place. It is just an additional legal option, especially to those unions where the existing laws does not and could not apply, and should not be thought of as the end all be all to end a marriage.
The passage of this bill will benefit mostly women, who are unfortunately trapped in an unhappy union and giving them a chance to live a life they deserve. This bill is not designed to attack the church’ stand on marriage, but in fact, gives a chance for people to enter into another legal and moral relationship with someone who can completely fulfill the obligations set forth by the contract of marriage.
It is important to properly disseminate information about the protective clauses of this bill so that the people will understand that this bill still protects the family, albeit the termination of the marriage.
Although an amendment to our annulment process may be a safer option, it still does not meet the other guarantee of the divorce bill, which is to provide a cheaper and faster way to end a marriage.
PROJECT IMPLEMENTATION
Knowledge is power and an information drive would ensure that people would be fully aware of the benefits of Divorce. Discussion about marital issues and separation of spouses are considered a taboo in our society, so it is very important to discuss this sensitive issue as gently as possible.
Since the majority of the opposition is from the catholic clergy, it would be best to disseminate the information through discussion on its key points which would objectively list the benefits of this bill, highlight its advantages to the community, especially to women and still promotes the sanctity of marriage and its inviolability.
The information drive was given to a small group of young professionals who are devout catholics with varying relationship status from married, common-law relationship and legally separated.
ABOUT THE AUTHOR
Aida Mae Ylanan-Javier is a second year law student at the University of Southern Philippines Foundation. She is an Insurance Underwriter by day, a student by night and a doting mother and wife in between. She supports of the passage of Divorce Law as she believes this will help the plight of battered women and enable them to have a fresh start at marriage and life in general.
REFERENCES
[1] H.R. 7303, 17th Cong.,2d Sess., An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines (2018)
[2] Ibid., p. 1
[3] Pros & Cons – Divorce, https://youtu.be/FkbDKduGMmo
[4] Ibid., p. 2
[5] Fr. Valles, Romulo G.,’CBCP Statement on the Divorce Bill’, CBCP News, 13 March 2018, http://cbcpnews.net/cbcpnews/cbcp-statement-on-the-divorce-bill/, Accessed (18 August 2018)
[6] Fr. Estepa, Pio C., SVD, ‘The Myth of Love in Filipino Komiks.’’Filipino thought on man and society’,p.48, 1980.
[7] Id., at 2
[8] Opposing Views Episode 72: Divorce, https://youtu.be/8px8LaoPVnE
[9] Fr. Valles, Romulo G.,’CBCP Statement on the Divorce Bill’, CBCP News, 13 March 2018, http://cbcpnews.net/cbcpnews/cbcp-statement-on-the-divorce-bill/, Accessed (18 August 2018)
[10] Cupin, Bea. ‘EXPLAINER: What are the grounds, provisions in House divorce bill?’, Rappler, 22 February 2018, https://www.rappler.com/nation/196612-explainer-house-divorce-bill, Accessed (18 August 2018)
[11] Cupin, Bea. ‘EXPLAINER: What are the grounds, provisions in House divorce bill?’, Rappler, 22 February 2018, https://www.rappler.com/nation/196612-explainer-house-divorce-bill, Accessed (18 August 2018)