For better or for worse?
Why Filipino women must fight for their right to divorce
by Angel Martinez
It’s a hot and humid Tuesday morning in Tondo, the poorest slum in Manila. Susan is hard at work tidying the house. Her eyes drift longingly to the altar with little statues of the Holy Family, and pictures of her family.
Susan had her first child at 15, and her second and third soon after. It’s a common occurrence in the Philippines; though teenage pregnancy rates have dropped in recent years, teenage mothers continue to get younger. Susan is amongst those forced into marriage to prevent ostracisation.
She used to have dreams of starting her own business, but now her husband Richard won’t let her work. He barely makes enough for the family as a construction worker, and when he’s not out drinking, he’s home berating Susan and their children. Lately, she’s started imagining a refuge for herself—far away from her reality, where she won’t feel so alone and helpless. Somewhere she can make decisions for herself.
The clock strikes twelve, snapping Susan back to reality. She’s late for the next part of her daily routine: afternoon Mass. She hurries to her nearby parish, arriving just in time for the Gospel.
The Scripture is quite timely:
Enshrined in the Philippine Constitution is the principle of the separation of Church and state. However, this stipulation has not stopped members of religious groups from making outright revolutionary calls or pushing back against the passage of objectionable bills.
Today, they rally against the divorce law, claiming that it only hastens the process of ending unions when they can be saved instead. Perhaps the most controversial characteristic of divorce is that it allows people to remarry, which goes against the Catholic image of the family.
Advocates for divorce argue that it’s simply a woman’s right. Divorce is “a basic exercise in access to justice”, a process that grants agency and accords rights to both parties. For those like Susan, who depend on their husbands as breadwinners, this can mean receiving crucial spousal or child support. Most importantly, it could spell freedom from domestic violence, financial subjugation, or—in Susan’s case—ill treatment and neglect.Susan picks the kids up from school as soon as Mass ends. She is almost done with household chores and helping the children with homework when Richard returns—drunk and demanding.
This is nothing new, and usually, she’d acquiesce. But today, Susan finally feels the weight of everything she’s been carrying for the past few years.
Later that night, she starts packing their things.
Susan and the kids end up at her parents’ house, without knowing what to do next. What she’s done is so controversial they can’t even bring themselves to discuss it. Regardless, her parents agree to accompany her to an attorney who can run her through her available options—each with their own distinct characteristics.
As of this writing, there are three ways to end a marriage in the Philippines: legal separation, annulment, and nullity of marriage.
Note: Annulment and nullity are collectively referred to as “annulment”.
The current processes are financially, mentally, and emotionally draining, and could change the course of both parties’ lives.
Unfortunately, regardless of the promise the divorce bill holds, it has not yet been passed, thanks to the Philippines’ inherently sexist and patriarchal justice system that is obviously pro-marriage.
The legislative arm historically tends to be male-dominated, and members are either elected through corrupt practices or appointed based on connections. As a result, the laws in place have a long way to go before they display equal treatment towards women.
Take, for instance, the role of the Office of the Solicitor General (OSG). While the OSG is also present in the process of legal separation, they play a much larger role in annulment. As the legal representative of the State, this autonomous office is mandated to protect marriage as a basic family institution. In fact, even when a court decision has already been made, the OSG is allowed to file a motion for reconsideration that can send a closed case back to trial.
Susan may have options, but not a peace of mind. Her family and friends urge her to just patch things up with Richard for their kids, while her husband bombards her with texts and calls. Worst of all, Susan knows that her struggles will not end if she goes to court. Thankfully, she reconnects with a friend who notices that she’s in need of help. She refers Susan to a women’s welfare organisation just a jeepney ride away from where she lives. This team provides psychosocial support like free counselling sessions to women in the process of rebuilding their lives.
Once Susan is assigned to her own “ate”, or older sister, she’s greeted with a warm and friendly face. She opens up about everything: the burden she carries, and the need to stay strong for her kids. During one session, Susan tearfully admits that it would be so much easier to stand by her choice if she knew what lies ahead.
As she continues to attend sessions, she finds new friends as well as the courage to reach out to old ones she neglected throughout her marriage. She’s also finding that she has a knack for sewing and painting, which may one day be the start of that business she’s always dreamed of having.
But of course, it’s not all perfect. Richard continues to contact her and she’s not sure how his estrangement from their children will affect them. She also still faces judgement, even from family members—a sign that society still needs time to catch up. Thankfully, she has a counsellor who can help her articulate and process these resulting emotions.Last March, a committee at the House of Representatives unanimously approved a version of the divorce bill, with 70 lawmakers coming onboard as co-authors. While this shows promise, there is still a long way to go before this could be enacted into law.
Without urgent action, more and more people are at risk of staying trapped in loveless, abusive, and dysfunctional marriages. Given the current system, women have a higher risk of losing out. Filipinas across the country are working hard to speed up the process by spreading awareness, sharing their stories, and speaking to their legislators.
Like many others, Susan’s future still hangs in the balance. But for the first time in her life, she doesn’t feel so alone and hopeless—she lives in a world where she finally gets to decide for herself.- In Chapter 3's effects visualisation: Added "except if the ground is psychological incapacity" to the nullity/legitimacy column
- In Chapter 3's dialogue portion: Removed the part about legitimacy of children
- In Chapter 3's nullity steps visualisation:
- Moved "Wait for certification from OSG" to step 6 from step 8, before "preliminary hearing"
- Changed "File petition to OSG" to "File petition to Regional Trial Court (RTC)"
- In Chapter 4: Changed "motions for reconsideration" to "a motion for reconsideration"
