In the Philippines, Should Divorce be legalized?
A divorce is an option if marriage
is no longer feasible. It is a “legal action” that ends the validity of
marriage “between a man and a woman” (illustrated by Cathy). Besides the
Vatican, the Philippines is the only country that does not allow divorce. Lagman,
a Filipino human rights lawyer, and politician in Manila Times Newsletter stated, “…that marriages are solemnized in
heaven” What might happen if the marriage turns to become abusive and you began
to dwell in miserable circumstances? What if unsurpassable challenges come in
marriage and one of you gives up and wants to go back to his/her single life?
There are many unsuccessful marriages in which couples ask for judicial
separation to have a fresh start in life. Also, allowing couples to separate
judicially opens an opportunity in giving abused women and their children
protection and safety.
Filipino people plead to allow
divorce in the Philippines and to go on with their life and find the companion
with whom they will be happy to be with. Also, God wants His children to live
in this world to be happy not just to be alive. Everybody wishes to have a good
life. This is the result of individuals working on the different factors that
would bring them to a good life which are education, profession, including marriage.
In April 1996 General Conference President Hinkley, Gordon B., stated, “Life is
to be enjoyed, not just endured” (Gordon B. Hinkley, Stand True and Faithful,
churchofjesuschirst.org). Nevertheless, Hawkins and Booth explain on their
abstract idea based from the “Survey of Families and Household” about the
result of “long-term” and “low quality” of marriages explains that unsuccessful
marriages who remain in the matrimony of marriage are most likely feel the
sadness of life than those who choose to end their marriage and find their new
companion that they please to be with. This would likely happen to everyone who
has an experience with an unsuccessful marriage. They also mention that those
who remain in their “unhappy marriage” got a lower level of life sufficient,
self-confidence, and good health than those who got “divorce” and stay single.
(Hawkins, Daliel N., and Allan Booth. “Unhappily ever after: effects of
long-term, low- quality marriages on well-being” Social
Forces, vol. 84, no. 1, Sept. 2005, pp. 451+. Gale In Context: Opposing Viewpoints,
gale.com)
Part
2
In
the Philippines, Should Divorce be legalized?
There are a lot of people suffering
from unhappy and abusive marriages around the country. Some Filipinos said
that because divorce is not legal in the Philippines, other couples are
separated and live with their new spouses and husbands, outside the bond of
marriage. Manejo declared, “Divorce gives people a fresh start to lead better
lives. Living in a marriage where love, respect, friendship, and compatibility
are gone is a life without hope.” Furthermore, it prevents unhealthy and
perilous marriage. These circumstances wherein an individual experiences
conflict in a relationship which made them sad and discouraged about their
union that leads them to consider divorce. However, these struggles aren’t an
easy process in the Philippines because divorce is not yet legalized. Some
lawyers declare, “You cannot just divorce abroad and register that divorced at
the Philippine embassy to get the effect in the Philippines” (Go, Joanne and
Britanico, Francesco). To remarry, free from a spousal obligation, and to be
single again, you have to undergo a process. Some lawyers said to expect the
following when you start this process, “Recognition of foreign Divorce is a
court case, you should talk directly to your lawyer, you’ll need to file at a
specific court determined by Rule Court. This process demands tedious effort
which turns out to be difficult and expensive to both parties who wants to
annul their marriage within the country.
Women around the country, whose
marriages are unsuccessful, are wishing the divorce will be legalized in the
Philippines. Most of them are abused in many forms such as sexually,
physically, Mentally, and emotionally. In other words, this is domestic
violence. In this crucial case, it can be considered as one of the reasons why
the Philippines should legalize divorce because it’s not just the women that
would be affected but also their children. Mary Pat Brygger stated that
domestic abuse is said to be the reason for 25 percent to 4o percent of women
filing for divorce (1). Therefore, it would ensure the safety and protection of
women and their children if divorce would be allowed since they will be
separated. In addition, women could get a restraining order to strengthen their
protection from their abusive spouses.
Divorce gives a new beginning to a
person’s life that could make them a safer and happier place. Divorce also
gives women and children the right to live safely and protected. It is a tough
and difficult decision to come up with because there are factors to consider
and understand, Hence, divorce would be of big help to be legalized in the
Philippines. Harry, Roque President of the Philippines spokesman said that the
president of the Philippines Rodrigo Duterte is also ‘’concerned” about the
welfare of the “divorced families” children if divorce will be legalized in
the country (p.1). Some researcher studies that children who grow with a
divorced parent are sickly and have poor performance at school. Thomas Hansen
an author, in his abstract idea explains that divorce has a harmful effect “on
children” they’re likely “exposed to more conflict and acrimony than children
who grew in stable marriages” (1283). This study explained that divorce can
cause psychological problems for children. Studies also revealed that “parental
conflict” causes stress for children because of the change in lifestyle and environmental
factors. According to Manejo, an aspiring journalist of the Daily News
Inquirer wrote in her essay that “This instability of the families may
bring a psychological problem to children.” This is the reason why the
president of the Philippines is worried about “the legalization of divorce in
the Philippines.”
However, women around the
Philippines whose marriages are unsuccessful and abusive is wishing that divorce
will be legalized in the Philippines. This unsuccessful marriage couple
believes that allowing divorce in the Philippines could lessen the time and
could lessen the service fee of the divorce or annulment process, then they
have the opportunity to be with the relationship of their choice. On May 12,
2021, Manila Bulletin gives hope to this issue, Buan, shared, ‘There are
discussion on how this new ruling penned by Justice Marvic Leonen would ease
the requirements to declare the nullity of marriage” (1). Some unsuccessful
marriage is the cause of an unhappy and abusive relationship. Bair’s research
for women around the world that was mentioned by Gail Rosenblum in his article tells
that “We just didn’t have anything in common, he never showed me any affection,
or a compliment or a birthday present. They just didn’t want to be a part of
that relationship anymore.” Women whose marriage is unsuccessful came to a
conclusion to get into divorce because of lack of “affection” and “emotional”
from their husband (Rosenblum, Gail, ‘Divorce Provides a Fresh Start for women” Divorce, edited by Mike Wilson,
Greenhaven Press, 2009. Opposing Viewpoints, Gale in Context: Opposing
Viewpoints, link: gale.com). This research also mentioned that this
scenario is also happening in men. They tend to leave their wives and find
another that could make them happy. In the Philippines, divorce is an option
for an unhappy and abusive marriage.
Many are longing that divorce should
be an option for abusive marriages but it is not something that is not present
in the county. According to Go Britanico Filipino lawyers, they handle foreign
divorce cases from these countries “United Stated, California, Illinois, Texan,
New York, Mississippi, Hawaii. Guam. Canada. United Kingdom, Norway, Australis.
New Zealand, Japan, Korea, Taiwan, Honking, and Mainland China” (Go and
Britanico [Analysis] Getting a Foreign divorce recognized in the Philippines,
2021, link: rappler.com). However, Sangster claims that “divorce” in the era
starts 1981 scientists make an “effort” to suppress the exponential increase of
divorce in America that contributed a harmful effect in society (p.1). In the
Philippines, divorce is allowed to the Muslim people in the country as part of
their beliefs. But divorce is not easy as others think it must be a court case.
The author explains that is a wise move to file a recognition of foreign
divorce in the place where the marriage takes place, it is the ‘Rule 208” to
avoid some issue, of dismissal of your court case (Go. Joanne and Britanico,
Francesco. 2021). You should, find a lawyer in this matter, make sure that you
found the right one, to whom you can trust with for Recognition of foreign
divorce is not that easy. Yet, divorce is, not to all, just what the President
of the Philippines concerns, Critics clarifies that divorce is “unconditional”
they “contend” that it is written in the 1987 Philippine Constitution and that
“Marriage is an inviolable social institution, is the foundation of the family
and shall be protected by the State” (p.12). They explained that the
Philippines is a secular state and that no religious group can break that law. This
law explained that marriage is important at the very start for having a family. It
allows us to feel happy with children and a husband. Yet, some couples said
they suffer from the melancholic situations in staying in a cruel relationship.
Sometimes divorce is an alternative solution to this situation.
Divorce has given me a way to have a
“fresh start” and made my life out of abusive marriage. It was an experience
that is unforgettable since it affects not just my wholeness as a person but
also affects my child. My experience with my abusive husband pushes me to consider
divorce in Japan for the welfare of my family.
After our legal separation, freedom has come in my life and eventually
brought me to a blissful being with my precious child. It enables me to live without his presence
anymore and over time, my child got better in terms of his socialization and
performance in school. With these experiences, I have come to the
understanding that divorce could be a great help for those who experience such
life events, especially in the Philippines where divorce is not yet legalized.
Part 3
Divorce might seem helpful and beneficial to many people with unsuccessful marriages. However, it also has disadvantages and harmful effects on individuals and their children. This legal separation would be difficult for a third-world country, especially the Philippines to consider and legalize divorce since it will be too expensive for most citizens and many could not afford the expenses. Also, if parental divorce is exposed to children, they would experience emotional anxiety and distress which could lead to negative outcomes during and after the separation.
The
President of the Philippines mentioned that he is not in favor of divorce
because of certain reasons and circumstances. The citizens in the Philippines
are also aware that the country is still a developing country compared to other
countries. Implementing a divorce bill may seem to give people who have an
unsuccessful marriage a gateway. Could everyone, who is interested in divorce,
really cover all the expenses that divorce requires? Maybe those rich individuals
could afford but considering it is a third-world country, it might be difficult
and impossible for them to avail and utilize if divorce is approved and
implemented. While many think divorce is not necessary with foreign divorce
recognition or annulment, those processes are long, costly, and hard. In the Philippines, some separated couples
shared that they have a hard time processing their annulment or legal
separation because it took one to two years to be approved and it’s really
expensive. The authors reveal that filing an annulment or Recognition of
Foreign divorce can cost approximately Three hundred thousand pesos ($6,000) up
to “six hundred thousand” pesos ($12,000), together with the “professional fee”
(The Law office of De Borja, Lamorena, Duano, Navarro). De Borja and Navarro point out also that the
divorced are not really absent in the Philippines, Muslims allow divorce under
“Sharia Law” also recognition of foreign divorce is also acceptable if one of
the parties is a Filipino citizen and the other half is a foreigner under the
Family Code of the Philippines, however, they still need to undergo the process
of filing of the annulment, for divorce is not allowed in the Philippines
except for the Muslim” (The Law office of De Borja, Lamorena, Duano, Navarro).
Despite there being a foreign divorce recognition, Muslim divorce, and
annulment. How about the non-Muslim citizens in the Philippines? Considering
the fact that 80% of the Filipinos are Christians. Thus, divorce in the
Philippines is difficult and expensive by many people.
Aside
from divorce being an expensive one, it has also a great effect on one's
family, especially the couple’s children. It gives great stress and anxiety to
them and increases the risk of having negative behavior or habits during and after
the separation. Morin, the Editor-in-Chief of Very Well Mind a psychotherapist
international bestselling author emphasize, “While
divorce is stressful for all children, some kids rebound faster than others”
(p.1) Therefore,
children will be greatly affected if couples would consider divorce if it is
implemented and approved in the Philippines.
In conclusion, divorce would be
difficult to imply because it has disadvantages and negative effects not only
for the fact that it has an expensive process but also for the being of one’s
family. People should not consider divorce as an option to give a solution to
an unhappy and abusive marriage because there’s a lot of option to consider to
solve for having an unsuccessful marriage. People should be aware that these
negative effects brought by divorce won’t make life easy and it could bring
long-term distress to everybody, especially to children.
Works cited
Lagman,
Edcel C, “Reinstitute Absolute Divorce Now." The Manila Times Newsletter.
13 May 2021,
https://www.manilatimes.net/2021/05/13/opinion/columnists/reinstitute-absolute-
divorce-now/872763
"Why Divorce Is Bad." Family in Society: Essential Primary Sources, edited by
K. Lee Lerner, et al., Gale, 2006, pp. 49-52. Gale In Context: Opposing
Viewpoints, link.gale.com/apps/doc/CX2688300032/OVIC?u=byuidaho&sid=bookmark-OVIC&xid=e30796f2.
Accessed 1 Nov. 2021
Hanson, Thomas L.
"Does parental conflict explain why divorce is negatively associated with
child welfare?" Social Forces, vol.
77, no. 4, June 1999, pp. 1283+. Gale In Context: Opposing
Viewpoints, link.gale.com/apps/doc/A55438296/OVIC?u=byuidaho&sid=bookmark-OVIC&xid=ad868900.
Accessed 1 Nov. 2021
Rosenblum, Gail. "Divorce Provides a
Fresh Start for Women." Divorce, edited by
Mike Wilson, Greenhaven Press, 2009. Opposing Viewpoints. Gale In Context: Opposing Viewpoints, link.gale.com/apps/doc/EJ3010571224/OVIC?u=byuidaho&sid=bookmark-OVIC&xid=6ec62f56.
Accessed 1 Nov. 2021. Originally published as "A Different Divorce; Women
Who Walk," Star Tribune, 2 Apr. 2007.
Joanne
Go and Francesco Britanico, [ANALYSIS] Getting a foreign divorce recognized in
the Philippines, Jun, 2021, Link: https://www.rappler.com/voices/thought-leaders/analysis-getting-foreign-divorce-recognized-philippines
Manejo,
Gecelle C. “Legalization of the Divorce law in the Philippines.”
“Divorce-essay-
paper.docx,”
Daily News Inquirer, Course Hero.
https://www.coursehero.com/u/file/70883530/Divorce-essay-paperdocx/?
justUnlocked=1#related
BRYGGER, MARY PAT. “Domestic
Violence: The Dark Side of Divorce.” Family Advocate, vol. 13, no. 1,
American Bar Association, 1990, pp. 48–51,
http://www.jstor.org/stable/25804911.
Morin, Amy “The
Psychological Effects of Divorce on Children” Medically reviewed
by
Carly
Snyder, MD, February 21, 2021
Link: https://www.verywellfamily.com/psychological-effects-of-divorce-on-kids-4140170
The
Church of Jesus Christ of Latter-Day Saints, “General Conference” Stand True and Faithful, https://www.churchofjesuschrist.org/study/general-conference/1996/04/stand-true-and-faithful?lang=eng
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