by: Atty. Gregorio B. Austral, CPA
Divorce: An exit from a dystopia
(Fourth Part)
(Author’s note: This article is a report presented by the author in his Regulative Love, Sex, and Marriage class. It is intended to present a factual account of a situation in the Philippines where no absolute divorce is allowed. This article does not necessarily represent the author’s belief on the issue.)
In the previous article, the Philippine experience was discussed. Pro-divorce advocates argue that it is certainly unfair for people to be forced by the State to remain in loveless or abusive marriages simply because they are poor. Although most Filipinos still value marriage, the proportion who separate from their spouse, both legally and informally, is increasing. Figure shows that the numbers of annulment and nullity cases filed at the Office of the Solicitor-General (OSG) has increased from 4,520 in 2001 to 11,135 in 2014. Census and survey data also show a similar trend.
Public sentiment on divorce
A Social Weather Station survey in 2015 reveals that majority of the Filipinos now agree that divorce should be allowed to married couples who have already separated and cannot reconcile anymore so that they can get legally married again. In 2011 and 2014 surveys, both sexes expressed their agreement on the proposition.
Risk factors in union dissolution
In a study by Abalos, he used the odds ratio or the relative probability of being divorced and separated among Filipino women as predictors for union dissolution. Highly educated Filipino women have higher odds of dissolving their union than women with lower levels of education. Higher education in the Philippines improves the economic status of women and is more likely to provide them with financial independence. Indeed, a key factor for Filipino women when they leave their husband is their ability to support themselves and their children. This sense of independence and empowerment also enables women to transcend the social stigma of being divorced or separated.
Filipino women who grew up in urban areas are also more predisposed to union dissolution than women who were raised in rural settings. The traditional values and ideals instilled among women in rural areas and familial pressure to keep the marriage intact for the sake of their family’s reputation (Medina 2015) may also have contributed to the lower likelihood of union dissolution among women who were reared in rural areas.
Will the Philippines join bandwagon of divorce?
As cohabitation becomes more common and as more Filipinos come to embrace more unconventional views toward marriage and divorce, the increase in union dissolution in the Philippines is unlikely to slow down in the coming years.
The continued expansion of educational opportunities for women and the growing mobility of young people to urban areas will also contribute towards the steady increase in union breakdowns among Filipinos.
With the recent change in leadership in the Philippines, the political atmosphere has also become more open to laws opposed by the Catholic Church, as evidenced by the strong support for the revival of the death penalty. Despite this, the Catholic Church remains a force to be reckoned with in terms of divorce legislation in the Philippines.