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the bill that legalizing divorce in the Philippines will help couples with failed marriages, and that the existing laws relating to separation and termination of marriage are “inadequate.” “The sanctity of marriage is not based on the number of marriages existing but on the quality of marital relationships. When a marriage is no longer viable, divorce should be an option,” Ilagan was quoted saying in an article posted at Bulatlat.com last June
2.

In another article published in the Catholic Bishops Conference of the Philippines (CBCP) website (cbcponline.net) last June 1, Ilagan said there is a need to amend the provisions of the Family Code which she labels as “divorce law Pinoy-style.”

“The [bill] is not anti-marriage; in fact, in as much as we appreciate and approve of good marriages, we recognize that we have economic, political, and other components of our society that really can cause failure
of marriage,” she said.

The Philippines would be the remaining country together with Vatican City to prohibit divorce as Malta finally legalized the law in a public referendum last May 28.

Legal remedies

As the debate over divorce intensifies, distinguishing other legal remedies provided will shed light whether or not the introduction of divorce is really necessary.

Legal separation and annulment are some of the legal remedies made available to couples who wish to separate.

Legal separation is a remedy provided by the state that does not end marriage. In this legal action, couples have the court order to delineate rights and responsibilities. They are legally married but live separate lives. The two parties can be charged with bigamy or concubinage if found guilty of having an illicit affair with a third party.

Annulment, on the other hand is a legal remedy under Article 36 of the Family Code. It follows certain grounds such as psychological incapacity, fraud, forced marriage, lack of parental consent, and others. Here, the man and woman are given the right to remarry since the marriage is legally cancelled and they are restored to their single status.

This particular provision in the Family Code is considered as a “de facto divorce law” by many since it provides speciic grounds for a marriage to be nullfied.

According to an article published at Bulatlat.com last June 14, annulment case takes a long time before it gets approved by the court. It usually takes two years or more to arrive at a conclusion and costs approximately P250,000.00 inclusive of attorney fees, court docketing fee, filing fees and other miscellaneous associated fees.

Meanwhile, Arts and Letters (Artlets) professor Atty. Gerardo Banzon said that even though annulment and divorce end a couple’s marital tie, both have a different theory why the tie ends.

“In annulment, there is no valid marriage in the first place. Divorce, on the other hand, accepts the validity of marriage. There are more grounds to end a marriage in divorce that includes the mutual agreement to end the relationship,” he said.

Church versus lawmakers

In the proposed divorce bill, it stated that “[The bill] is respectful of and sensitive to differing religious beliefs in the Philippines. It recognizes that the plurality of religious beliefs and cultural sensibilities in the
Philippines demand that different remedies for failed marriages should be made available."

But according to Fr. Melvin Castro, head of the CBCP’s Episcopal Commission on Family and Life, divorce will only make marriage a very volatile institution rather than a strong familial foundation.

“It is the ample preparation that would spell a lasting relationship and certainly, prayer and grace of God. We cannot take God out of the equation in marriage,” Castro told the Flame.

Meanwhile, Pineda law firm head Attorney Ranelle Pineda said the bill cannot affect the sanctity of marriage given the constitutional law about the separation of power between the Church and State.

“Consequently, assuming that the state believes in the sanctity of marriage, then divorce logically desecrates it,” he added.

The concept of divorce is expressly revoked in the Holy Scriptures where Jesus said to the Pharisees: “Because of the hardness of your hearts Moses allowed you to divorce your wives, but from the beginning it was not so. I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries commits adultery (Matthew 19:8-10).”

Pope Benedict XVI has already expressed his support for the bishops against the Reproductive Health and Divorce Bills through a letter during the CBCP 103rd Plenary Assembly in Paco, Manila last July 8 to 10.

“His Holiness prays that this time for reflection and renewed dedication in the service of the Gospel will bear abundant fruit for the Church and the society,” the message read.

Opposing views

Members of the Artlets community expressed diverse opinion over the controversial scheme surrounding the Divorce Bill.

For Artlets dean Michael Anthony Vasco, the introduction of divorce is redundant “to the mechanisms that are already in place” since other legal remedies are made available. He also finds it “contradictory on the part of the state” since “the state guarantees the protection of the family as the basic unit of society.”

“The foundation of the family is based on natural law and anything that is contrary to the natural law and natural moral law is unacceptable. It is on that ground that I am against divorce.”

He added that Pope John Paul II said in his visit to the University in 1981 and 1995 that the “Filipino people are phenomenal” for having the gift of faith and gift of family.

“So it is already a gift, why do you have to remove the gift?” Vasco said.

“There is no sanctity of marriage in the Divorce Bill because what is highlighted will be ‘psychological incapacities of the couples,’” theology professor Aguedo Jalin said.

Senior Legal Management student Camille Palma was likewise against the bill saying that it will just be an “escape plan” when marriage does not work.

“If the government will let this [bill] become a law, it will violate its own principle to protect and preserve family relationships,” she added.

But senior Journalism student Wileene Olimpo, whose parents are separated, expressed her support for the bill.

“I am supporting the proposed Divorce Bill because my parents are separated and my mother is working abroad. It will benefit us because once my parents are divorced, it will be easy for us to go to Canada without the consent of my father,” she said.

For third year Literature student Emyfer Mae Flores, divorce is an acceptable remedy to be adopted by couples with irreparable marriages.

“The usual victims of harassment are women who are rejected by their spouse. If they cannot fix their relationship anymore, why not go for divorce? So they can remarry,” she said.

When asked about educating students on marriage and family, Aguedo said what is equally important is for students to see that “marriage is and will always be challenging and that God is part of that journey.”

“We can be assured in the academe that we present the beauty of God’s plan to have union and children,” he said.