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Philippines divorce laws criticised - 3rd July 2023

Filipino activists are battling for their right to divorce in a majority Catholic nation.

Despite having been separated from her husband for years, with both spouses craving closure to their marriage, mother of three Stella Sibonga has been unable to attain legal recognition by the Philippine government.

Sibonga joins the long line of Filipinos withheld the right to a divorce. Since Malta legalised divorce in 2011, the Philippines and Vatican City are the only two countries where this practice prevails.

While unhappy couples can instigate legal separation, this comes with significant hurdles and limitations. Couples may only be eligible in the case of infidelity, abuse or a criminal conviction of six years or over, and remarrying or conducting a new sexual relationship post-separation is prohibited.

In spite of being in a long-term relationship, remarrying is out of the question for Sibonga. "When I finally found someone who loves me and completely accepts me with all my failures, we still can't marry. We will still be considered illicit lovers."

The Philippines, which is 78 percent Catholic, has a historical perspective on the issue. Once a Spanish colony, the practice was barred, although partial divorces were granted in cases of adultery or if one partner converted to Islam or Judaism. Under US rule, following the Spanish-American war, total divorce was permitted only if one party was convicted of adultery.

Subsequent to independence in 1946, marital laws have remained largely unchanged. In 1977, a specific law afforded Filipino Muslims – such as the Moro people – the right to divorce in accordance with Islamic customs, although this doesn’t include indigenous peoples.

Prior to his election in 2022, President Ferdinand Marcos acknowledged that while divorce laws could be reviewed, the practice shouldn’t be made easy. For now, the government’s weighing up whether to pass Senator Risa Hontiveros’ Dissolution of Marriage Act, which would grant couples the right to a no-fault divorce on the grounds of chronic unhappiness.

As Sibonga lamented, "Why are we, the ones who experienced suffering, abandonment and abuse, being punished by the law? All we want is to be free."