MANILA, Philippines – Amid heated arguments on the Reproductive Health (RH) measure, lawmakers are setting their sights on another contentious issue: the divorce measure. Speaking on ANC’s “The Rundown,” Cavite Congressman Elpidio Barzaga says the grounds for divorce stated in the measure are too flexible. “There is no provision on how long these conditions are being met before the parties in the marriage can avail of divorce.” Lawmakers have identified several grounds for divorce: when the married couple has been separated for five years de facto and reconciliation is highly unlikely; the couple has been separated for two years before filing for divorce; and when the grounds for legal separation (unfaithfulness, psychological incapacity, and irreconcilable differences) are present resulting in an irreparable marriage.
Barzaga says divorce would not strengthen the state and may lead to hasty marriages. We have a constitutional mandate requiring the protection of the family and state as far as marriage is concerned. According to the framers, in order to have a strong nation, we must have a strong family, and it is necessary for the state to strengthen the family, promote its overall development, and demonstrate the sanctity of the Filipino family.” “If we allow absolute divorce, we may end up with hasty marriages. Our desire to have a strong family will not be realized if we allow divorce in the country. Divorce would not strengthen but, in fact, would destroy the family.” Barzaga adds. Baseless fears.
Former Gabriela party-list Representative Liza Maza says that the fear that most married couples will avail of divorce is baseless. Divorce is an option for marriages experiencing irreparable dislocation. This is not for happy marriages,” Maza adds. She believes that providing divorce as an option would actually ensure the survival of problem-ridden families. “A strong family marked by violence violates the sanctity of marriage,” she says. “Let us be a country that allows for a sensible and appropriate solution in situations where it is no longer necessary to stay together.” Maza concludes, “Is it a losing battle?”
Barzaga believes that the divorce measure may face a losing conflict. The statement in Congress is, in all likelihood, this measure will not be approved in Congress because the wives of the congresswomen will be ordering their husbands not to vote ‘yes’ to this measure,” he says. Maza urges lawmakers to look at the virtues of a culture-sensitive divorce measure designed to address contemporary issues. “If we look at the study of the Solicitor General from 2001 to 2010, there was a 40% increase in the number of those who filed for revocation. It’s time to have a dispassionate view and look at the merits of the proposal. The measure has serious concerns it wants to address. With legal separation, the couple cannot remarry. With psychological incapacity, you have to prove it’s present at the time of the celebration of marriage. These legal remedies are insufficient, which is why the measure is proposing divorce,” Maza says. “If we fix this, we will value marriage more, not just treat it like a game.” A Social Weather Stations study taken from March 4-7, 2011, shows that Filipinos are already divided on the issue, with half of the population (50%) in favor of divorce for legally-separated couples, 33% opposed, and 16% open.
MANILA, Philippines: The Philippine Congress has started a heated debate on a controversial divorce law. The House Committee on the Revision of Laws began its discussions on the divisive divorce bill, with pro- and anti-divorce lawmakers facing off on the issue of legalizing divorce in the country. The Gabriela Women’s Party List group, authors of the bill, believe that the existing law on marriage is inadequate and that allowing divorce will help many couples and families suffering from unsuccessful marriages. Existing laws allow for legal separation and annulment. Couples who have had their marriages annulled are free to get married again, while couples who are legally separated are not permitted to. Luzviminda Ilagan, Gabriela Women’s Party List representative, said, The reality of human nature is such that there are failed marriages, and the reasons may surface after the marriage itself, after the celebration… it may be more harmful to the children of these unhappy couples to continue to stay together, so we are proposing an alternative.”
Detractors of the measure, however, believe that a divorce law is pointless and will only destroy the happiness of family life. Representative Rufus Rodriguez stated, Solving the problem may create a bigger problem of families being destroyed, broken, and children growing up with only one parent. That is the worst punishment we can give to the child.” It would be ideal if both parents in the household were taking care of their children, Rodriguez added. Promoters of the divorce measure acknowledge that they face a difficult battle as they encounter strong opposition from the Catholic Church. Currently, Church leaders are urging the public to oppose the divorce measure and defend the institution of marriage in the country. Suequisel is based in Dumaguete, Central Visayas, Philippines, and is a Stringer for Allvoices.
