The Philippines has a complex history with divorce, influenced by religion, colonization, and social movements. The Philippine Commission on Women (PCW) provides a helpful summary of this journey.
Precolonial Philippines: Divorce was freely practiced by both men and women.
Spanish Era (16th century): With the arrival of the Spanish and Catholicism, divorce became illegal. This position aligned with the Catholic Church's teachings on the sanctity of marriage.
American Era (Act No. 2710): A brief period of change occurred under American rule. Act No. 2710 allowed divorce again, but only in cases of adultery or concubinage.
Post World War II (Republic Act 386): Following World War II, the Philippines gained independence. However, the influence of the Catholic Church remained strong. The Civil Code (Republic Act 386) only recognized legal separation, with limitations on the grounds for filing.
Japanese Occupation (EO No. 141): A surprising twist came during the Japanese occupation. Executive Order No. 141 allowed absolute divorce on various grounds. This was however short-lived.
The Current Situation: "Due to the reinstatement of American sovereignty after the Japanese occupation Act No. 2710 once again became in force," explains the PCW. This means the Philippines remains one of the few countries in the world without a national divorce law.
Exceptions Exist: It's important to note that exceptions exist for Filipino Muslims and Indigenous Peoples. Presidential Decree No. 1083 (Code of Muslim Personal Laws) and Republic Act No. 8371 (Indigenous People's Rights Act) allow for divorce within their respective communities.
The Future of Divorce: The Philippines may be on the cusp of change. The PCW reference comes from their "Women's Priority Legislative Agenda for the 19th Congress," which suggests continued advocacy for a national divorce law.
This historical overview sheds light on the ongoing debate surrounding divorce in the Philippines. With the PCW taking an active role, the future may see a shift towards a legal framework that reflects the needs of Filipino families.