Cherryl Estoya, a 36-year-old mother of two, was abandoned by her partner nine years ago and has received no support from him since. She hopes for the legalization of divorce to free herself from all legal commitments to him, finally move forward, and secure a better future for her children.

Estoya’s hopes have come closer to reality after the House of Representatives approved House Bill 9349, or the Absolute Divorce Act, on May 22. The bill aims to expedite absolute separation, allow remarriage, and ensure legal support for children. Unlike annulment, which only terminates marriages deemed invalid from the start, divorce may dissolve valid marriages. 

While the approval at the lower chamber was a welcome development, Alpa Joy Alfafara, head executive convener for Divorce Pilipinas Coalition (DPC), said the fate of the divorce bill remains uncertain in the Senate with some lawmakers already expressing their disapproval.  Various hurdles have impeded the passage of a divorce bill since it was first introduced in Congress in 1999. 

Lawmakers’ prioritization of patronage to curry favors from religious institutions over their service to the marginalized underscores the barriers to progressive legislation, hampering the passage of laws meant to address social injustices. 

Unrecognized Separations

Without divorce in the country, numerous couples continue to bear the brunt of unsevered legal ties with their partners. 

Despite agreeing to separate from her partner due to irreconcilable differences, Alfafara found it challenging to legally remove her partner’s last name from documents like her personal government social insurance. Her continued association with the last name of her husband takes a heavy mental toll on her and emphasizes the deprivation of her liberty. 

After enduring a two-year annulment process and repeatedly reliving her trauma, Alfafara’s case was rejected due to the lack of evidence that their marriage was invalid. “Buti sana kung nagbayad ka and there is a [positive] result, kahit matagal, okay lang sana. [But] going through an annulment makes you a bitter person,” said Alfafara. 

Estoya also found the annulment process impossible due to the many requirements, which included finding the address of her ex-partner whom she has had no contact with since she was abandoned. She was unable to push through with the process. 

Annulment can cost P150,000 to P300,000 or more, according to Respicio & Co, a law firm in the Philippines. The process can take about two to four years if uncontested, but may stretch even longer if issues like property, custody, or support arise. 

With the dragging annulment process inaccessible to many, individuals like Alfafara and Estoya cling to the hope of potential separation while remaining legally bound to former partners with whom they no longer feel safe.

Legislative Hurdles

In 2018, the lower house also passed a divorce bill but was stalled after languishing in the Senate. 

Lawmakers often acquiesce to religious institutions' pressure in a move that seemingly attempts to secure their favors and limit the autonomy of secular legislation. Dominant religions, such as the Roman Catholic Church, have always been vocal about its opposition to laws they deem contrary to conservative values. 

“Palagi nilang pinapakinggan yung simbahan, doon sila nakakakuha ng boto,” said Alfafara. “When we look at others na reelectionists, political suicide if pro-divorce sila.” 

Blind to the needs of its constituents, conservative lawmakers stall reforms that can remedy the dire situation of women trapped in irreparable or abusive marriages. Nearly one in six women experience physical, sexual, or emotional violence from their husbands or intimate partners, according to the 2022 National Demographic Health Survey. 

Other laws meant to expand the liberties of marginalized groups have also faced the same hurdles in a legislative scene mostly subservient to conservative interests.

The battle for the passage of the Responsible Parenthood and Reproductive Health Act or the RH Law before it was enacted in 2012 dragged on for 14 years due to stark opposition from religious groups, particularly Christian fundamentalists, who even challenged its constitutionality in the Supreme Court upon its passage. Similar resistance from religious institutions is encountered in the current struggle to pass the Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill, which addresses SOGIE-based discrimination.

“It’s all in their mind na yung boto ay nakasalalay sa pagsasabi ng no sa divorce at sa pakikinig sa Church. [But] when we start standing up to the Church, the lawmakers will realize [the Church’s opinion] does not really matter. Look at the RH bill, sino ba nagpasa niyan?” said Alfafara. 

Dignified Separations

The enduring religious influence on measures like divorce emphasizes the necessity for lawmakers in the Philippines to prioritize progressive legislation aligned with the needs of Filipinos. 

The passage of the RH Law was propelled by a dedicated movement of advocates from various sectors who collaborated to secure its win after years of arduous struggle, a similar strategy divorce advocates may emulate. 

Public support for the RH Law, pegged at around 70 percent of adults in 2011, generated the necessary pressure to compel legislators to subvert religious groups’ interests without feeling like they were antagonizing the predominantly religous population. The legalization of divorce, on the other hand, now enjoys approval from half of the Filipinos with only a 31-percent disapproval, according to the latest SWS survey.

“Legalizing divorce is a matter of protecting human rights, ensuring the welfare of families, and aligning with global standards on family law,” said Alfafara. 

The approval of a divorce bill will be a step forward in recognizing the rights of individuals trapped in irreparable marriages, granting them a second chance, and safeguarding families from perilous arrangements. For families like Estoya’s and Alfafara's, the legalization of divorce would offer the chance for a fresh start, free from a life of abuse and misery. ●