Pass the divorce bill

already
It’s 2016 and the only two countries on the planet without a divorce law are the Vatican City
and the Philippines.

It’s no surprise about the Vatican—their refusal to countenance divorce stems from the
religious beliefs of the Roman Catholic Church. It’s also more of a gesture to save face
despite all the logical arguments in favor of divorce—after all, they have to practice what
they preach, and such a monolithical global organization takes decades, even centuries, to
slowly grind a volte face to accept societal change and adapt their ways.

Government, however, especially one such as ours that has a “separation of church and
state” policy enshrined in its Constitution, should be logical and reasonable. It is supposed
to take into account what is good for all citizens, no matter their religious affiliation or lack
thereof. It is not supposed to be held hostage by the beliefs nor ideology of a group or
groups.

A Social Weather Stations survey conducted in the fourth quarter of 2014 revealed that 60
percent of Filipinos support the passage of a divorce law, with only 29 percent not in favor
and 11 percent undecided.

The support for divorce was spread almost equally across the demographic: 57 percent
from classes A, B, and C; 60 percent from D, and 58 percent from E. The SWS data also
showed support was increasing over the past few years.

There have been various versions of the divorce law filed in Congress, but none have been
passed so far.

Among the arguments in favor of such a law is the reality of being human. People make
mistakes, deceive, lie, and change over the course of years and the circumstances of life.
The arguments against fail to be as compelling: religious reasons, and the need to keep the
family together. How is it logical or beneficial for two angry and often hostile individuals with
irreconcilable differences to remain chained to each other? Their conflicts affect all the
members of the family, and in most cases, it is better for a clean break so that peace may
be regained and the parties receive a fresh start to their lives. This is especially necessary
in cases of abandonment and marital and domestic abuse, where the common victims are
wives and children.

Presently the law only provides for legal separation, which does not allow the individuals to
remarry. All too often, they cohabit with other partners. This puts the partners and any
children they may have at a legal disadvantage.

In order to cope with the constraints of not having divorce, our society has evolved
mechanisms that address the need to have something with more closure than legal
separation. A marriage annulment may be granted by the court if pre-existing psychological
reasons are found that make one or both of the parties ineligible to contract marriage.

This has given rise to a cottage industry of lawyers who work on annulments often as a
sideline to their regular jobs, in coordination with psychologists who can provide the
appropriate grounds for the annulment of the marriage. A common question among my
peers is, “Do you know any lawyers who do annulments?” The asking price for an
annulment package is several hundred thousand pesos. This remedy, therefore, is available
only to those with the financial capacity. What about those who can’t afford it? Now, is that
fair and just?

An annulment also invalidates the marriage from the start, on grounds that it should not
have been celebrated in the first place because of psychological incapacity on the part of
one or both of the partners. This is patently a workaround of the law, and does not
recognize that in many cases, the marriage was fine to begin with, but broke down over
time.

A divorce recognizes that there was a marriage, but that it is necessary to end it for
whatever reason. This way, the original reasons for the marriage are honored and
respected. It also assuages the fears of the children of the marriage, who ask: “If my
parents’ marriage is annulled, am I legitimate?”

Many are looking to president-elect Rodrigo Duterte, a symbol for much-needed changes in
society, to push for a divorce bill. His own personal life story is a textbook case for divorce
as a necessary means for moving on.

Maybe under this administration, logic and reason will prevail and a divorce bill will be
passed, to put an end to the hypocrisy of these societal norms and practices related to
marriage.

Facebook: Jenny Ortuoste,

http://thestandard.com.ph/opinion/columns/pop-goes-the-world-by-jenny-ortuoste/206545/pass-the-
divorce-bill-already.html

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ALBAY Rep. Edcel Lagman on Thursday filed a bill to allow absolute divorce in the country, which he said is “a
merciful liberation of the hapless wife from a long-dead marriage.”

Lagman, the principal author of the Reproductive Health Law, filed House Bill No. 116 on the first day of the
Duterte administration.

A statement from his office said Lagman “leads the campaign in the 17th Congress for the enactment of a law on
absolute divorce.”

“Most marriages are supposed to be solemnized in heaven, the reality is many marriages plummet into hell—in
irremediable breakdown, spousal abuse, marital infidelity and psychological incapacity, among others, which
bedevil marriages,” Lagman said.

The grounds of absolute divorce bill also include the grounds for legal separation and annulment of marriage.
House Bill No. 116 provides the following additional grounds for absolute divorce:

When either of the spouses secures a valid foreign divorce; canonical divorce, or gender reassignment surgery, and

When irreconcilable differences or conflicts exist between the married couple which are beyond redemption despite
earnest and repeated efforts at reconciliation.

Lagman described the bill as a “prowoman legislation,” noting the following:

Traditionally, in a marriage relation, the husband is more ascendant than the wife. It is the woman who is usually
brutalized and it is the man who philanders and gets away with it.

Under these foreboding and unequal circumstances, a wife needs an absolute divorce more than the husband.

In divorce proceedings, the wife as the innocent spouse, needs a court-decreed alimony and support for the child or
children under her custody.

Absolute divorce is not only a women’s issue. It is a poor women’s issue. Poor women cannot afford the current
exorbitant expense for legal separation or annulment of marriage.

The Philippines and the Vatican are the only two states in the world without a divorce law. The Vatican, the seat of
the Roman Catholic Church, is a city-state.

Read more: http://newsinfo.inquirer.net/793902/merciful-liberation-solon-files-

divorce-bill#ixzz4GA3T5aGT
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