What is Divorce Law in the Philippines?
Divorce law in the Philippines varies depending on the state. It is important to understand the laws so you can file for a divorce. However, it is important to note that there are some rules that are similar across all states. These are listed below.
History
The history of divorce law in the Philippines goes back to the Spanish colonial era. For a long period of time, divorce in the country was outlawed. Filipinos were unable to avail of this option, until the American colonizers enacted the law in 1917.
Before that, the only law that allowed for divorce in the Philippines was the Siete Partidas of the Spanish Civil Code, which was first compiled during the reign of Alfonso X of Castile in the mid-1300s. This law only allowed legal separation, and not the absolute divorce.
In the late 1940s, Senator Vicente Y. Sotto introduced a bill that aimed to allow for absolute divorce. Unfortunately, he passed away a few years later at age 73. Fortunately, other legislators also filed bills for the legalization of divorce.
When Ferdinand Marcos was in power, he sought to ingratiate himself with the Muslim population of the southern Philippines. As a result, he incorporated the divorce law.
Since then, several bills on divorce have been filed in Congress. These bills were vetoed by the Governor General. However, the House of Representatives is preparing a new divorce bill. It has the support of the speaker of the House and is on its way to becoming law.
Unlike other countries, the Philippine constitution does not make divorce a criminal offense. There are other grounds for divorce, such as domestic abuse and irreconcilable differences. Also, a spouse does not have the right to net profits from joint property.
Another factor that makes the legal separation of marriage in the Philippines different from the divorce of the same two people is the fact that it is a court-approved decision. That’s because in the past, a wife could not divorce her husband if he was still married to another woman.
Socially conservative
The Philippines is a country whose socially conservative laws on divorce are a point of contention between President Rodrigo Duterte and the Catholic Church. While most of the population is Catholic, Filipino Catholics are becoming more liberal on the issue.
The Philippine Constitution recognizes the principle of Church-State separation. However, it does not prohibit religious organizations from expressing moral viewpoints on legislative issues or executive policies. Traditionally, the state has accorded respect to all religious institutions.
During the Marcos regime, the Roman Catholic Church was considered an extra-electoral strategic group. It has been one of the most powerful religious organizations in the Philippines. Some prominent Catholic members have participated in political upheavals.
Since 1954, divorce in the Philippines has been illegal. This was due to a dispute with the Roman Catholic Church over the legitimacy of certain contraceptives. A fierce religious opposition delayed government distribution of the contraceptives for more than a decade.
The Philippine constitution also prohibits abortion. However, there are no formal provisions on the role of the Roman Catholic Church in secular governance.
According to the Social Weather Stations (SWS) survey, 68% of Filipino Catholics support marriage outside the Catholic Church and support contraceptives. More progressive Filipino Catholics are also more likely to use contraceptives.
Although the government has enacted laws to prohibit adultery and criminalize child abuse, the Philippines still has a patriarchal society. Despite these laws, it is estimated that there are millions of “illegitimate” children in the country.
The country is home to many philandering politicians. For years, the Catholic Bishops Conference of the Philippines has warned Catholics not to vote for candidates who are inconsistent with the church’s teachings.
Recognizing foreign divorces
In an en banc ruling dated April 24, 2018, the Supreme Court reaffirmed the rule of law pertaining to judicial recognition of foreign divorces. This is a relief for victims of marriage fraud involving mail order bride schemes.
The rule is simple: a Filipino citizen can remarry a foreign spouse with a foreign divorce decree. A Filipina may also file a case in a Philippine court for judicial recognition of a foreign divorce.
However, a foreign divorce decree will only be recognized if it is proven to be valid under the personal law of the alien spouse. That means it must be obtained under the right rules of evidence.
To prove that your foreign divorce is the legal and bona fide version, you must hire a Filipino lawyer. You must also disclose all the relevant details of your marriage in a divorce petition.
A foreign divorce may be recognized if a Philippine court finds that it is the legal and bona fide version. It may be dismissed if the Philippine Statistics Authority (PSA) refuses registration.
There is a new, better way to get a divorce. Instead of going through a long and costly court process, parties can opt to go the more convenient out-of-court route.
Among the perks of out-of-court divorce is that it will not only save a lot of money, but it will also ensure that the children have a happier, more cordial and harmonious experience. Furthermore, the process will also prevent the former spouses from embroiling themselves in an ill-conceived and expensive divorce.
If you want to know more about a foreign divorce and its corresponding judicial recognition in the Philippines, you can visit the Commission on Filipinos Overseas (CFO) website.
Basic requirements to have a divorce granted
Getting a divorce in the Philippines is a difficult task. It can take years to go through the court proceedings. If you’re planning to get one, there are a few basic requirements you should know.
To obtain a divorce in the Philippines, your foreign spouse must file a petition. The petition must prove that your marriage is no longer valid. You also need to prove that the foreign country has a divorce law that allows the divorce. Once the divorce is granted, the Filipino spouse can remarry.
The Philippine Constitution guarantees that marriage is a social institution. As such, it should be protected. Several bills have been filed in previous legislative sessions on the subject. However, these bills have not been enacted into law.
A divorce obtained abroad may be recognized by the Philippines, but the process is complicated. In addition, it is only possible in very rare cases.
In order to prove the validity of the foreign divorce, the parties need to authenticate the documents. These documents must be translated to English. There are also a few judicial affidavits to prepare.
After filing a petition in a Philippine court, the regional trial courts must decide whether or not to recognize the foreign divorce. They must also determine whether or not the decree is absolute.
Then, the Philippine Supreme Court must determine if a Filipino citizen is eligible to remarry. This is because of a narrow interpretation of Article 26 of the Civil Code. While the Solicitor General believes that the marriage between the Filipino and the foreigner is not valid, he is ignoring the fact that the marriage is in fact valid.
According to the Philippine Supreme Court, a Filipino can remarry after getting a valid divorce. But this cannot happen if the national law of the foreigner prohibits the divorce.
Impact of a lack of a divorce bill
The lack of a divorce bill in the Philippines is not only frustrating to many Filipinos, it is also complicating marital difficulties. There are 40 million married couples living together in the country. While a number of legislators and the House of Representatives are backing the bill, President Rodrigo Duterte has expressed his opposition.
The Philippines is a Catholic nation, and the Catholic Church is not fond of divorce. In fact, the church has been accused of concealing domestic violence. And there is the matter of annulment. Only on a narrow set of grounds can a woman be granted an annulment.
One woman who had to endure a void marriage says she was financially and emotionally drained. She escaped from her marriage in 2002. Later, she spent 150,000 pesos (about $3,888) on a criminal case against her ex-husband. It took the court system 10 years to finalize her divorce.
Philippine marriage policy is a controversial topic. Some say it should be on the government’s agenda, but the country has not yet passed a divorce law.
A bill has been filed and progressed through the senate, but it has not yet been approved. The next Congress could make the bill law, but Duterte has already voiced his opposition to the bill. If it does pass, he could even cancel it.
Meanwhile, a new law to regulate reproductive health in the Philippines is still not fully implemented in many municipalities. It took more than a decade for the law to pass.
But the Philippine government has not addressed the real needs of the people. Many Filipino women work for their husbands, and the couple is rarely the breadwinner in their family.