Marriage is considered a contract with God in Catholic doctrine, and divorce has been prohibited in the Philippines. With a population of about 800, mostly clergy and religious living in the Vatican City, the Philippines is the only country in the world where divorce is legally banned, except for the Vatican City-State. Even the punitive Duterte former president could only obtain a declaration of nullity instead of a divorce after his mental issues were recognized. The push for legalizing divorce was attempted in 2018 as well. Will the Philippines change this time? On May 22nd, the divorce legalization bill was passed in the Philippine House of Representatives. The Absolute Divorce Bill, allowing couples to completely end their marriage through divorce, was enacted. It passed with 109 votes in favor and abstentions. About 80% of Filipinos are Catholic, although Catholicism is not the state religion, it greatly influences the whole country.

According to the conservative Catholic doctrine of family and sexual culture, strict standards are applied even for contraception and sterilization, and there is no legal provision for divorce. Therefore, in the Philippines, only Muslim individuals or citizens can legally divorce under Islamic law. Non-Muslim Filipino citizens can only end their marriage through a declaration of nullity, which is a process where the court recognizes that the marriage was not valid from the beginning. This process is time-consuming and costly, making it unaffordable for the low-income population. Generally, the cost for a declaration of nullity ranges from 150,000 to 300,000 pesos, which is approximately 3,537 to 7,060 US dollars, significantly higher than the average monthly salary in the Philippines by more than 16 times. Even if one can afford the cost, the circumstances under which a declaration of nullity is possible are extremely limited, such as in cases where a minor marries without parental consent.

If you unknowingly marry someone with a mental illness, or if the marriage is based on fraud or compulsion, it can be considered as grounds for nullity of marriage. Issues such as spousal violence, infidelity, or drug addiction cannot conclude the marriage. In 2016, a KBS correspondent reported on a Filipino woman who obtained a nullity of marriage after spending nearly 20 million won over 7 years to end her marriage. The fact that the Philippines is one of the few countries in the world that prohibits divorce is mainly due to its historical background of Spanish colonization. In the 16th century, when Spain invaded the Philippines, they began to prohibit divorce, allowing only legal separation. However, Filipino lawyers have materials documenting the history of divorce laws in the Philippines, indicating that the Philippines was originally a country where divorce was allowed. The free perception of divorce was considered an obstacle to the introduction of Catholicism.

Divorce was prohibited. In 1898, after Spain, defeated in the war with the United States, ceded the Philippines to the U.S., divorce became possible. Adultery was the only grounds for divorce. Later, during World War II, Japan occupied the Philippines, and divorce became legal, citing spousal abuse and violence as reasons. In 1946, the Philippines finally gained independence and freedom. However, in 1950, when the Philippine Civil Code was enacted, the divorce law was abolished. In fact, under Spanish colonial rule, Catholic customs were restored. The perception of divorce among Filipinos is gradually changing. In a survey conducted in 2005, 43% of Filipinos supported divorce while 45% opposed it. In a survey conducted in 2017, the numbers changed, with 53% in favor and 32% against divorce.

The last census was conducted seven years ago, so it must have changed by now. In the Philippines, public opinion is leaning towards the legalization of divorce. However, there are still strong voices of opposition in the political and religious sectors. The bill that recently passed the House actually contains conservative elements. Congressman Edcel Lagman, who drafted the initial proposal, stated that divorce petitions must go through a judicial investigation. Conservative groups and religious organizations are also in opposition. Archbishop Alberto urged that divorce undermines social cohesion and weakens moral values. On the other hand, Senator Joel Villanueva, who strongly opposes divorce, suggested lowering the cost of annulment lawsuits. Experts believe that divorce legalization in the Philippines will not happen easily. Even in cases of domestic violence, some individuals choose to stay in the marriage or are unable to divorce.

With many side effects such as asset looting being revealed, it would be great if the issue of divorce prohibition in the Philippines could be resolved as soon as possible. Then, on World War next week at this time, we will introduce issues and events from around the world. Thank you.

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