The Senate has once again taken a significant step toward legalizing divorce in the Philippines, a move that is expected to spark passionate debate in the still predominantly Catholic nation of 110 million. Similar attempts to legalize divorce in the past, we’ll have to note, have wilted under intense pressure from the Catholic Church.
While the Church’s opposition to divorce is deeply rooted in Philippine culture, dating back to over three centuries of Spanish rule in the country, it is a must that its stance be revisited, considering that most, if not all, governments around the world have divorce in one form or another.
Aside from the Vatican City, the seat of Catholicism, the Philippines remains the only holdover to divorce as a mode of dissolution of marriage for non-Muslims. It has, however, embraced legal separation, which does not allow adversarial ex-couples to remarry and annulment to void ab initio (from the start) a marriage. While annulment allows Filipinos to remarry, the common comment is that it’s only for the rich.
For senators like Joseph Victor “JV” Ejercito, a divorce measure at this time may yet pass the legislative mill and be signed into law. According to JV, divorce is once again ripe for discussion, thus his support for the present measure being looked into by the Senate.
Over the weekend, Bishop-emeritus Teodoro Bacani Jr. spoke out from retirement to voice the Church’s concern regarding divorce, claiming that it could cause more harm than good to Filipino families. Bacani, of course, did not provide data that could be validated because he was apparently speaking more from a theological perspective.
As Congress tackles the latest proposed divorce law, the debate by lawmakers and the public should transcend traditional values and religious dogma and, instead, delve into the broader context of the measure and its potential benefits.
Divorce, if passed into law, may be a more cost-effective method of shutting the door on a failed relationship that would allow parties to move on with their lives.
According to relationship and mental health experts, divorce can be a lifeline from unhealthy or abusive relationships, leading to improved mental and emotional well-being. It can alleviate stress, anxiety, and depression, often accompanying failing marriages.
At the same time, divorce can empower individuals to pursue new relationships, careers, and lifestyles. As Ejercito pointed out, it can offer a fresh start, allowing people to rediscover their identity and happiness.
While the separation of parents can be hard on their children, divorce, especially through a legal process involving mandatory counseling, can free kids from toxic environments.
To put the discussion into context, it’s essential to look at global divorce rates, which, the United Nations said, were 2.7 divorces per 1,000 people in 2020. The data highlights that divorce is a global phenomenon.
In the Philippines, studies have shown that couples who had parted ways without the benefit of legal separation or annulment often cohabitated with new partners at the risk of facing adultery charges.
There’s a case to be made here for the separation of the Church and the State as enshrined in the Philippine Constitution, in that the government must pass much-needed laws even if they go against Church teachings. Lawmakers must be guided by their duties to the people.
The Church, too should consider revisiting its objection to divorce, as it has done so in many other matters, like allowing the cremation of the remains of Catholics.
In 1886, the Catholic Church prohibited cremation as a sign of disrespect for the body, but in 1963, it relaxed that ban while continuing to discourage the practice. Then, in 2016, it issued new guidelines saying that cremation should no longer be considered a sign of a lack of faith as long as the ashes were placed in consecrated areas like columbariums.
As in the ever-evolving Church rules on cremation, the call to legalize divorce should not be perceived as a challenge to the Church’s teachings but more as a recognition of the complex realities faced by Filipino families today.
Ultimately, the decision to divorce should remain personal, grounded in a thorough consideration of the pros and cons, with careful attention to its potential impact on children.