Church and State: Separate But Intertwined

Vatican City and Philippines are the only countries left in the world which do not grant divorce to its citizens.

Philippines is predominantly Catholic and the religious believes that marriage is sacred and having divorce law will destroy the sanctity of the sacred union between a man and a woman. Nevertheless, the Family Code provides for the annulment, declaration of nullity and legal separation which are granted strictly based on the grounds stipulated thereat.

Gabriela Women’s Party filed HB 1799, An Act Introducing Divorce in the Philippines way back 2005, they refiled it and HB 1799 has undergone revisions. Gabriela is set to refile it come 16^th Congress.

Divorce-Filipino style, in gist, allows those who have been separated for five years and those legally separated to two years to file for divorce. Thus, granting them the liberty and the capacity to remarry. The Catholic Church expressed their dismay about the want for divorce in the Philippines, nonetheless.

In retrospect, the Catholic Church stubbornly opposed the passing of the RH Bill (now RH Law) for being anti-life, anti-family, and because they do not favor the use of contraceptives. Here, they view divorce as destruction to the foundation of family- the marriage. It is another anti-family bill for them.

But a family and a marriage is already destroyed once the husband starts to inflict physical abuse to his children and his wife, is it not? Or when the other spouse starts to engage in extra-marital affairs, is it not? Perhaps, the only remedy they can resort to is legal separation, but then, there might be no chance for reconciliation.  Maybe, the spouses can invoke psychological incapacity which could be hurtful for both; or worst, they go under-the-table to get it over and done with.

Divorce is a ticket of spouses to marry their way out of a disastrous marriage that consumes them and takes away their liberty to enjoy a happy life. It is a right to liberty and beyond remarrying; it is simply to be free.

The common denominator amongst annulment, declaration of nullity, legal separation and divorce, is they all severe the marital bond. But for legal separation, the spouses are technically still married, however, the essence of marriage cease to exist.

The Constitution provides for the separation of the Church and the State. The twin clauses- establishment and free-exercise clause, intend to promote freedom and religious beliefs and practices, and to deny government the power to influence the same. And both desire to protect and strengthen the family as the basic social institution; and marriage as the foundation thereof. Nevertheless, both do not seem to share the same point of view as to how to protect and strengthen family and marriage.

In any case, who other than the spouses and their children can protect and strengthen their family but themselves.  Divorce is just another remedy; it is not a prima facie damage to the sacredness of marriage.

Philippines is a secular state and there is definitely freedom of religious beliefs and practices in the Philippines. Islam, a minority religion in the Philippines, allows male Muslims to engage in polygamous marriage and they allow divorce, too. Hence, just because Philippines is predominated by Catholics should not mean that divorce is no longer possible. There is not even a blanket prohibition to it. So, why can a Filipino-Muslim avail of divorce while the Filipino-non-Muslim cannot?