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Divorce is quite a taboo topic in the predominantly Catholic Philippines. Lobbying for divorce has mapped its way into Filipinos’ understanding of the State, religion, family, abuse, principle, and love.
In this B-side episode, Athena Charanne R. Presto, a sociologist and policy consultant for the United Nations Development Programme, discusses with BusinessWorld reporter Miguel Hanz L. Antivola the challenges and sociocultural implications of enacting divorce in the Philippines.
A Senate committee approved in September Senate Bill No. 2443, a consolidated measure on absolute divorce — the farthest legislative push it has reached to date.
Ms. Presto observed that the latest version of the divorce bill has reached a commendable level of inclusivity and safety, almost identical to the grounds for annulment.
“You have to have been separated for a number of years, have irreconcilable differences, or have a proven case of domestic violence or abuse,” Ms. Presto said, listing the grounds for absolute divorce in SB 2443.
“But I think we can still push our definition of divorce beyond that,” she added.
“I think divorce should include the fact that you, as adult individuals, decide to call it quits already without the need for ‘acceptable reasons’… perhaps you just fell out of love or have differences.”
The Philippines remains one of only two countries in the world, alongside Vatican City, without a divorce law.
Amid decades of lobbying, one major challenge remains: “The loudest critics of divorce are not religious actors themselves but policymakers who conveniently invoke religious doctrine to serve their own political interests,” Ms. Presto said.
She noted that comparing the successes and failures of other countries’ marriage customs can be misguided. “That should not be the be-all and end-all of implementing divorce in the Philippines.”
“Having divorce is better than not having divorce,” she said. “We need to argue more based on Philippine data.”
“A divorce law must address misconceptions about the law itself,” she added, referring to dismantling misinformed associations such as people using it as an ‘emergency exit’ or ‘harming Filipino family values.’
Ms. Presto said that Filipino norms and values are bound to change over time with society, given the increasing number of transnational families, same-sex couples who adopt children, and single parenthood, even as depicted in national media.
“Whether you like it or not, the composition of the Filipino family is changing,” she said. “Our marriage norms will change, but not for the worse.”
Passing divorce will challenge the Filipino toxic mentality of ‘relentless suffering’ in marriage, alongside empowering wives and husbands to continue their lives through a viable option, Ms. Presto noted.
Along with norms, social institutions are also seeing changes, such as the Catholic Church ‘relieving pressure’ and opening up to more nuanced realities, and media representation straying away from damaging stereotypes, she added.
However, Ms. Presto noted an increasing number of politicians who believe that men and women are equally oppressed, which undermines the rightfully women-centric arguments for divorce.
The 2017 National Demographic and Health Survey conducted by the national statistics agency reported that one in four Filipino women aged 15-49 had experienced physical, emotional, or sexual violence by their husband or partner.
“You need to expose the misinformed opinions of all these senators, but you also need their support,” Ms. Presto said, addressing the ‘checkmated’ advocates and stalled progress of divorce in the country.
Recorded remotely on Oct. 9, 2023.
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