The Philippines, alongside the Vatican City, is the only country in the world where divorce is illegal. However, Filipino society is changing. According to recent surveys, the majority of the population is in favor of legalizing divorce.
Politicians and governments sense that the time is right to pass a bill that would permit divorce. Therefore, on May 22, lawmakers in the House of Representatives approved the divorce bill, known as the Absolute Divorce Bill or House Bill 9349, which allows for the dissolution of marriage on specific grounds.
Now, the bill only requires approval from the Senate and endorsement from the President to become law.
Advocates of the bill emphasize two main factors supporting its passage: changes in contemporary society and the socioeconomic challenges that exacerbate marital issues, as well as experiences of violence and abuse suffered by women within marriages.
However, the Catholic Church, which still holds considerable influence in the Philippines, staunchly opposes the bill. Bishops have expressed disappointment with the approval of the bill, labeling it as “anti-family, anti-marriage, and anti-children.”
The Church views marriage as a sacred and indissoluble union and believes that divorce has a negative impact on children. The children of divorced parents are seen as innocent victims who suffer the most. The separation of their parents has long-term effects on their development and emotional well-being.
Even from the legal point of view, the divorce bill is considered unconstitutional. Hilario G. Davide, Jr., former Chief Justice of the Supreme Court and one of the framers of the 1987 Constitution, believes that the bill contradicts the 1987 Constitution, which explicitly states that “marriage, as an inviolable institution, is the foundation of the family and shall be protected by the State.”
While the Church opposes the bill, it advocates for strengthening family ties and providing support for struggling couples rather than offering an easy exit through divorce. The Church upholds that divorce is not the ultimate solution for problematic marriages and that remedies for dysfunctional unions, such as annulment and legal separation, are already available.
Pope Francis, in his post-synodal apostolic exhortation Amoris Laetitia, published in 2016, writes that “our most important pastoral task with regard to families is to strengthen their love, helping to heal wounds and working to prevent this drama of our times.”
