Divorce Prohibition in the Philippines: A System Serving the Patriarchy

27/06/2023

Ilona Barrero

Aside from the theocratic nation of the Vatican, the Philippines is the only country in the world where divorce is outlawed for all citizens, except for Muslims. Several historical factors can be attributed to this rare law in the nation, most notably Spanish colonization^[1]Abalos, J. (2017). Divorce and separation in the Philippines: Trends and correlates. Demographic Research, 36(50), 1515–1548. https://doi.org/10.4054/demres.2017.36.50. When the Spanish occupied the Philippines, divorce was prohibited, legal separation was narrowly allowed, and most importantly, marriage was implemented as an unshakeable institution in the Filipino population. The legacy of colonialism and occupations by countries such as the United States in the Philippines lead to a highly socially conservative society, which feeds into legal frameworks that limit women’s freedoms. For example, abortion is illegal, and the fight for access to contraceptives such as birth control has been a long and arduous one. In the Philippines, the only semblance of ending a marriage exists as an annulment, which is extremely expensive and is rarely granted by judges and courts^[2]The Economist. (2020, February 13). Why the Philippines is the only country where divorce is illegal. … Continue reading. More and more, Filipino women are coming forward and sharing how the lack of access to divorce in the country acts as a structural means of oppression and restriction for them. This paper will explore the question: How does the illegality of divorce in the Philippines keep women trapped in unwanted marriages while hindering their economic opportunities and freedom?

Structural & Societal Oppression Trapping Women in Marriages

Divorce being illegal in the Philippines combined with the lack of laws addressing legal separation in couples creates many structural barriers that prevent women from achieving economic independence and having access to proper child support and a fair division of assets.  There are few options available if couples wish to sever ties, the main one being an annulment. To have it approved, one or both parties in a marriage must prove that they are psychologically unfit for marriage, or that the woman is unable to bear children. Legal separation is another option, which allows parties to live apart, but does not legally end a union. For many women, this option is extremely restrictive, as it was for Amy Perez-Castillo, a Filipina who desperately wanted to separate from her husband. Seeking a legal separation, Castillo had been advised to go through a psychological evaluation to be deemed unfit for marriage. However, she was reluctant to do so because she needed to be deemed psychologically “normal” to keep custody of her son^[3]Billing, L. (2018, February 22). In Philippines, Where Divorce Is Illegal, Women Pay the Price. Women’s Advancement. … Continue reading. Therefore neither party can remarry or receive benefits common in divorce, such as alimony or child support. Hence, the closest option to divorce is an annulment, which is rarely attainable because of how costly it is. Furthermore, situations like physical abuse, infidelity, or irreconcilable differences are not seen as valid under the law as reasons to end a marriage. The only women who can legally obtain a divorce in the Philippines are Muslim women. Indeed, the approximate 5% of the Filipino population that is Muslim is governed by its own religious code of laws, the Code of Muslim Personal Laws^[4]Billing, L. (2018, February 22). In Philippines, Where Divorce Is Illegal, Women Pay the Price. Women’s Advancement. … Continue reading. However, even under Islamic Law, Filipino-Muslim women face barriers that men do not face when seeking divorce. The law followed in Mindanao, the island in the Philippines where most Muslims reside, states that men can initiate divorce by pronouncing “I divorce you” to their wife. Meanwhile, women must follow a waiting period, and will only be granted said divorce if they can prove that their husband failed to provide for their basic needs, such as food or shelter, or if the couple had no sexual relations for two months^[5]Attorneys of the Philippines. (2015). A Quick Look Into Islamic Divorce In Mindanao. Attorney.org.ph.https://attorney.org.ph/legal-news/12-a-quick-look-into-islamic-divorce-in-mindanao. 

Women are the primary victims of the illegality of divorce because of the lack of protections granted to them in the patriarchal legal and societal system of the Philippines. Even though women make up about 49.4% of the population in the Philippines, they only make up 34% of the workforce^[6]Billing, L. (2018, February 22). In Philippines, Where Divorce Is Illegal, Women Pay the Price. Women’s Advancement. … Continue reading. Filipinas are rarely the main financial providers for their families, and since annulments do not grant protections for women or their children, many of them are stuck in marriages to guarantee their livelihoods. Clarissa Castro, a specialized family law attorney, states that women are afraid to separate from their husbands, especially if they have children who still rely financially on them^[7]Billing, L. (2018, February 22). In Philippines, Where Divorce Is Illegal, Women Pay the Price. Women’s Advancement. … Continue reading. Moreover, if couples have no conjugal assets to partition, which is common especially in poor families, the woman will essentially always be at a loss once the marriage is severed, because the husband’s obligation to provide support ends^[8]Billing, L. (2018, February 22). In Philippines, Where Divorce Is Illegal, Women Pay the Price. Women’s Advancement. … Continue reading. Even if a woman decides to accept the possible consequences of an annulment or a legal separation, an uncontested annulment costs about 500,000 Philipino pesos, or 8,998 U.S Dollars and ​​8,240 Euro^[9]Duran and Duran-Schulze Law. (2017, December 12). Cost of Annulment in the Philippines. Duran and Duran-Schulze Law. https://www.duranschulze.com/cost-of-annulment-in-the-philippines/. This cost radically increases if the annulment is contested, along with the fees attributed to the psychological evaluation.

For the thousands of women for whom annulment or separation is an unthinkable option, the reality is quite grim. In a study published in the Asia Pacific Journal of Multidisciplinary Research in 2018, male control of wealth and decision-making within family structures has been reported as one of the main causes for violence against married Filipinas, as men feel that they deserve to control all major decisions regarding finances and family dynamics^[10]P. Bernarte, R. P. B., M. Acedegbega, Q. M., A. Fadera, M. L., & G. Yopyop, H. J. (2018). Violence Against Women in the Philippines. Asia Pacific Journal of Multidisciplinary Research, 6(1), … Continue reading. The effects of macho culture in the Philippines are detrimental to women’s wellbeing, making them even worse when compounded by the ban on divorce and the lack of legal financial protection afforded to Filipinas. This same study on violence against women in the Philippines reports common occurrences of marital rape, as the husband seeks to assert his authority over his wife. The study shows that 37.64% of the instances of violence against women comes from their spouse, the highest rate of all the aggressor relationships to the victim^[11]P. Bernarte, R. P. B., M. Acedegbega, Q. M., A. Fadera, M. L., & G. Yopyop, H. J. (2018). Violence Against Women in the Philippines. Asia Pacific Journal of Multidisciplinary Research, 6(1), … Continue reading. Furthermore, economic factors were the most common cause of violence against women in the Philippines. The report cited data from the National Demographic Health Survey which illustrates that women who are in lower income brackets are more likely to be victims of violence. While wealthy women also suffer from intramarital violence, they were more reluctant to report their experiences due to fear of social stigmatization or tarnishing their family name^[12]P. Bernarte, R. P. B., M. Acedegbega, Q. M., A. Fadera, M. L., & G. Yopyop, H. J. (2018). Violence Against Women in the Philippines. Asia Pacific Journal of Multidisciplinary Research, 6(1), … Continue reading. The overall conclusion of the study pointed to the fact that women are economically trapped in their marriages, even in cases where they suffered abuse from their spouses. Since violence is not a valid reason in the eyes of the law to seek annulment or legal separation, women cannot void their marriage if they are suffering from this kind of torment. Additionally, a wealthy Filipina might be able to afford an annulment and the fees associated with psychological exams, but as the rates of women in the workforce and the cultural expectation for men to handle all monetary aspects of a family show, cases like these are extremely rare. 

Divorce as a Necessity 

Article 16 of the Universal Declaration of Human Rights states that every human has the right to marry and have a family if they wish to^[13]Universal Declaration of Human Rights. (2018, November 25). Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles – Article 16. OHCHR. … Continue reading. Women and men are also granted the same rights during marriage and during divorce. Most relevant is the Article’s explicit invocation of the duty of the State to provide protection to its citizens in any of the above scenarios^[14]Universal Declaration of Human Rights. (2018, November 25). Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles – Article 16. OHCHR. … Continue reading. Even if divorce is not a human right, protection is, and the State of the Philippines is failing to provide such protection to the thousands of economically and socially vulnerable women stuck in unwanted or even dangerous marriages. The most recent statistical analysis on domestic violence in the Philippines, released by the Philippine Statistics Authority in 2017, reports that ¼ of women in the Philippines have experienced spousal violence- be it physical, emotional or sexual abuse^[15]Philippine Statistics Authority . (2018, March 26). One In Four Women Have Ever Experienced Spousal Violence (Preliminary results from the 2017 National Demographic and Health Survey) | Philippine … Continue reading. 20% of these women have experienced emotional violence, and 14% of them physical violence^[16]Philippine Statistics Authority . (2018, March 26). One In Four Women Have Ever Experienced Spousal Violence (Preliminary results from the 2017 National Demographic and Health Survey) | Philippine … Continue reading. In these cases of domestic abuse, couples cannot pursue annulment, as previously mentioned, but they can pursue legal separation. This mechanism is essentially a way to physically remove the married couple from one another, but changes nothing in the sense of protection for the abused or childcare necessities. Finding an escape from an unsuccessful marriage in the Philippines is essentially impossible. Annulments in the Philippines are also subject to high levels of social stigma, especially for women who are expected to stay in a marriage and “not give up” on their union. Sexist discourses such as this are common in the country, further discouraging women from severing their unions with unwanted husbands. 

Poor women suffer the most: the lack of asset division, lack of access to legal resources for annulments, and bearing the brunt of childcare all combine to strip them of any chance to leave a marriage. Granted, there are several non-governmental organizations (NGOs) operating in the Philippines that exist to help Filipinas achieve financial stability and flee from unwanted situations. For example, the GREAT Women Project aims to provide Filipinas with tools for economic empowerment^[17]Coronel, R. (2018, March 23). 7 groups helping Filipinas become financially independent. Cnn. https://www.cnnphilippines.com/life/culture/2018/03/23/economic-empowerment-for-Filipinas.html. This project works with government entities to help women owners of small businesses who had hesitated to expand because their partners exercised control of their ventures, or because they had to juggle a full-time job with childcare^[18]Coronel, R. (2018, March 23). 7 groups helping Filipinas become financially independent. Cnn. https://www.cnnphilippines.com/life/culture/2018/03/23/economic-empowerment-for-Filipinas.html. There are also many temporary domestic violence shelters throughout the Philippines, which offer crisis resources and childcare help for women in need^[19]UN Women. (2008). Temporary Shelters. Evaw-Global-Database.unwomen.org. https://evaw-global-database.unwomen.org/en/countries/asia/philippines/2008/temporary-shelters. While the presence of these kinds of organizations is invaluable, they are not able to fulfill the State’s job to protect women in abusive marriages.

A Society Seeking Change

In early 2020, a House committee in the Philippine legislature unanimously approved House bills 100, 838, and 2263; three measures seeking to legalize divorce in the country^[20]Ortiga, K. (2020, March 24). Why the passage of the divorce bill will help Filipino women. Cnn. https://www.cnnphilippines.com/life/culture/2020/3/24/divorce-bill-women.html. The bills would have also made separations much more accessible, getting rid of requirements like inability to bear children and psychological incapacity. In 2021, these bills passed the House of Representatives’final reading, but ended up being voted down by the Senate, facing strong opposition from Catholic coalitions. This seems to be the constant battle for most Filipinos who advocate for divorce: the strong presence and influence of the Catholic church on government affairs stops progressive bills from passing in the Senate, the upper house of the legislature. Three out of five Filipinos want divorce to be legalized and in March of 2023 another bill seeking to legalize divorce was approved by a panel of representatives in the House^[21]​​​​CNN Philippines. (2023, March 22). House panel approves divorce bill. Cnn. https://www.cnnphilippines.com/news/2023/3/22/house-panel-approves-divorce-bill.html. The House Committee on Population and Family Relations passed the substitute bill, and now it needs to be approved by the House before making it to the Senate again. While support is still being garnered for this bill, legislators are confident that this bill has a real chance of passing^[22]​​​​CNN Philippines. (2023, March 22). House panel approves divorce bill. Cnn. https://www.cnnphilippines.com/news/2023/3/22/house-panel-approves-divorce-bill.html. However, even though Filipinos are hopeful, the bill has a long way to go before becoming law, and most importantly, actually being enforced. The divorce bill must not only allow divorce in circumstances of abuse, but also protect women who are financially vulnerable after separating from their husbands. Fathers and husbands must be held to high child support standards, and their ex-wives should have access to fair asset division, as well as the right to remarry if they wish. Furthermore, policies surrounding divorce should include provisions to aid Filipinas in becoming financially empowered and independent. 

To quote this article: Ilona Barrero (2023). Divorce Prohibition in the Philippines: A System Serving the Patriarchy. Gender in Gepolitics Institute. https://igg-geo.org/?p=13576&lang=en

The statements in this article are the sole responsibility of the author.