The struggle for divorce rights in the Philippines

Stella Sibonga, a mother of three, wants to end a marriage she never wanted, but divorce is illegal in the Philippines.

The Philippines is the only place outside of the Vatican that prohibits divorce. In this predominantly Catholic country, the Catholic Church, which wields significant social influence, opposes divorce as a violation of religious doctrine.

Proponents of divorce argue that prohibition prevents them from escaping an abusive partner, hindering couples from separating and remarrying.

Pro-divorce supporters protested for the right to divorce in front of the Philippine Senate in Pasay, Metro Manila, on February 14. Photo: AFP

The legal process is slow and expensive, with some cases costing up to $10,000 and no guarantee of success. "I don't understand why it's so difficult," said Sibonga, 45, who has spent 11 years trying to escape a marriage forced upon her by her parents.

Currently, those seeking a divorce can ask the court to annul the marriage, effectively declaring the marriage invalid from the outset, but the authorities can appeal the ruling.

Sibonga's legal battle began in 2012 when she filed a petition to annul her marriage on the grounds that her husband was "mentally incompetent." After five years and a cost of $3,500, a judge finally agreed. However, Sibonga's relief was short-lived.

The Attorney General's Office, the government 's legal representative tasked with protecting the institution of marriage, successfully appealed the 2019 annulment ruling. Sibonga is requesting the appellate court to reverse that decision and is still awaiting a response.

"Why are we, the suffering, the ostracized, and the abused, being punished by the law?" said Sibonga, 45. "All we want is freedom."

The Catholic Church, which opposes abortion and contraception, is the most powerful organization opposing divorce in the Philippines. According to census data, approximately 78% of the country's 110 million people are Catholic. Many politicians want to avoid conflict with the church on sensitive social issues.

But Congress has made some significant changes in recent years. Birth control legislation was passed in 2012 despite church opposition. In 2018, major parties and the opposition in the House of Representatives passed a bill allowing divorce, although it was later stalled in the Senate. This was the first time a divorce bill had progressed this far.

A survey conducted by polling firm Social Weather Stations shows that Filipino attitudes toward divorce have changed. In 2005, 43% of Filipinos supported legalizing divorce for "unreconcilable separated couples," while 45% disagreed. The 2017 survey showed 53% in favor and 32% against.

A group of lawmakers is undertaking renewed efforts to legalize divorce, having introduced several bills to the House and Senate. Representative Edecl Lagman, who drafted one of the bills, stressed, "we are not destroying any marriages."

"Divorce is for marriages that are so broken they are beyond repair," and legalizing divorce would help women and children escape "abusive husbands," Lagman said.

Before his election, President Ferdinand Marcos Jr. stated that the Philippines should consider allowing divorce, but affirmed that this would not be easy. The complex legal procedures and long waiting times have given rise to online scams advertising quick annulment of marriages without going to court.

One victim reported being scammed out of $2,400. She is considering converting to Islam in order to obtain a divorce under Islamic law.

"I'm really trying everything I can to be single again," she said. "Divorce is too time-consuming, expensive, and uncertain, so I'm looking for an easier way."

Stella Sibonga, an advocate for divorce rights, participates in a protest outside the Philippine Senate in Pasay, Metro Manila, on February 14. Photo: AFP

Katrina Legarda, a family law expert, said the number of people being deceived shows the "urgent need" for new legislation. But Father Jerome Secillano from the Catholic Bishops' Conference of the Philippines argued that the country should be proud to be the only nation outside the Vatican that "maintains traditional views on marriage."

"No relationship is perfect," he said. Secillano stated that divorcing an abusive partner would "foster violence" because the perpetrator would continue to abuse their next spouse. "That's not a permanent solution," he said.

Sibonga is Catholic but has stopped attending Mass. She has had a long-term boyfriend but cannot marry him until her first marriage is legally terminated.

"They argue that legally, I'm still married, so I'm guilty of adultery," she said. "They believe that what God has bound together cannot be broken. Is that true? Even if your husband tries to kill you, even after everything he's done, you're still not allowed to divorce?"

Sibonga said her relationship with her husband had caused her depression and led her to attempt suicide twice. She doesn't want her children to get married until their divorce is legalized.

"I told my children they could live together and have children as they pleased, but I would never agree to them getting married," she said. "I just don't want them to end up like me."

Hong Hanh (According to AFP )

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