What are your views on divorce and annulment here in the Philippines
By anne25penn
@anne25penn (3305)
Philippines
April 16, 2010 1:21am CST
A friend of mine is contemplating on filing an annulment case for her marriage. She has been separated from her husband for almost a year now and has decided to make it legal. I have no knowledge on these type of proceedings but she told me that physical violence or homosexuality is not considered as grounds for annulment (she was in fact being beaten by her husband). She said that it can only be grounds for a legal separation, but their marriage would still be valid. I said what the heck?! No wonder those battered women featured in the news have no choice but to go back to their spouses who beat them black and blue is because it is not a ground for annulment.
Don't you think this law should be changed? Its not a matter of I don't like you anymore. You are being psychologically and physically tortured, and in the end, yes you will part because you are dead (from the "'til death do us part' vow".
3 people like this
9 responses
@rsa101 (38166)
• Philippines
16 Apr 10
According to our local laws annulment can only be applied if any of the following conditions are met:
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)
I think we just need to have a much more enforced laws and and expanded one for annulment. I think the conditions stated above is not enough already because cases of violence against women is increasing already.
2 people like this
@anne25penn (3305)
• Philippines
16 Apr 10
A lot of our laws are obsolete. Thank you for your response.
1 person likes this
@se7enthbird (8307)
• Philippines
16 Apr 10
there are no divorce in the Philippines but there is annulment. this is easy of you have money (as there are a lot of corruption in our country), and you have to make sure both parties are willing to sign this annulment. if one of the party is against then there will never be an annulment. if an annulment can push through she can never remarry in the Philippines, for that is what annulment is all about. you can be separated legally but you can no longer remarry. but i guess you can still marry as long as you are not going to get married in the Philippines. i will show you a link that can help you with this. http://www.filipinawives.com/soannulment.htm
for me i think since we have annulment already why not push the divorse. after all all the couples who are filling for annulment means they no longer love each other. even we are raised with love and values of marriage it is no longer healthy for a couple to stay married if they keep on fighting and no longer do what they vowed during their wedding. i am a guy and my wife and we pity couples who no longer love each other and cant be free to love again just because of rules and laws like this. just my opinion.
@anne25penn (3305)
• Philippines
16 Apr 10
In my opinion, there should be exclusions. Yes, the church and state fear (as with almost anything else) the downfall or morality if a divorce law were to pass in the Philippines. They stick to their rules and morals, not realizing that there are so many couples trapped in unhappy and destructive marriages.
1 person likes this
@se7enthbird (8307)
• Philippines
16 Apr 10
true. there are many couples trapped in unhappy and destructive marriages together with their children. the everyday fighting and everyday tensions. the ugly part here is if the husband is the type who hits and beats the wife and the children. though i can say that even we have divorce there are a lot of couples who still can not afford... another pitiful reality.
1 person likes this
@laydee (12798)
• Philippines
16 Apr 10
Remember that legal separation is an option. The main reason why these couples still stay together is not because of the 'sanctity of marriage', it's because of financial incapability. Any spouse (battered ones) who are asked why they stick to the marriage will tell you that it's because they don't have the money to feed and provide for themselves and their children.
@neildc (17239)
• Lapu-Lapu City, Philippines
16 Apr 10
what i know about violence with women and their children is, they are criminal acts and punishable by a republic act, a law that gives security for the women, wives and cohabiting women. physical, emotional and economical abuses are some of the acts that is punishable by the said law.
but, as you have said, and one of the participants here, it is not one of the grounds for annulment. and i would like to agree that our law on annulment should be changed or give more teeth and strength.
with the divorce, i also would like to agree that it is about time that our country should have allowed this.
@anne25penn (3305)
• Philippines
17 Apr 10
The only reason why our lawmakers (backed by the Catholic church) refuse to grant divorce is because they see it as a means of decline in terms of morality because once divorce is made legal, everyone can just divorce their spouses. I think lawmakers and the church should trust people that we are all mature beings allowed to think for ourselves. True, it may be abused, but what law has not been abused here in our country? Thank you for your response.
@neildc (17239)
• Lapu-Lapu City, Philippines
17 Apr 10
it is really clear that lawmakers cannot do such law or made the bill, proposal a reality is because of the issue of morality. but if the church would back out of the lawmaking, there should be no no's. it is true that most of our laws are being abused by some, but i guess, if the law is strong, there should have no one to go against it. filipinos are not that illiterate and we are getting matured now. there are always guidelines in every rule.
@worldbestwriter2008 (1633)
• Philippines
17 Apr 10
i strongly disagree if divorce shall be implemented here in our country philippines since this process is against the will of God. One's married should not be separated by man or any means.
@anne25penn (3305)
• Philippines
17 Apr 10
I respect your opinion bestwriter, but I hope that there can be a way to divorce spouses who abuse their wives or husbands. I always told my friends that I will endure any hardship except physical abuse in a marriage. So I was shocked to learn that physical abuse is not a reason or ground for annulment here in our country. Thank you for your response!
@sulsisels (1685)
• United States
16 Apr 10
Hi anne..I'm not sure if being beaten in the U.S. would be grounds for annulment either. It definately would be grounds for divorce but annulment if I'm not mistaken can only be granted if the marriage was never consummated or if there is some very unusual circumstances. Is divorce and annulment two different things in your country?
I don't care what the vows say, if a man beats you, you should leave, even if there are children. This is no way for a woman to live, in fear, and its not good for her children to see this behavior either. Lots of women return to the man or stay and never leave out of fear and this is a crime in itself. It is a bad problem here in the U.S. and there is never a happy ending.
@anne25penn (3305)
• Philippines
17 Apr 10
Yes, sulsisels. Here in my country, divorce is non-existent and annulment is the only legal way to void a marriage. Even if granted with annulment, from what I know, the couple are still not allowed to marry because once married here in the Philippines, it is forever. It's quite a headache trying to understand our laws. Thank you for your response.
@rajaiv0810 (1012)
• Philippines
16 Apr 10
I didn't know that physical violence or homosexuality couldn't be considered as grounds for annulment. I just wondered now what was the grounds used by our friend who is undergoing an annulment now. He filed it because his wife is a lesbian and she admitted it. Hmmm I should ask him more about that. hehe.
Anyway, let's go back to the point here. I agree with you that our laws should be amended because some laws are simply illogical now. How come physical abuse couldn't be a ground for annulment? So what do they expect that wives should just stay until they die in the killer hands of their husbands? Totally absurd!
There are advantages and disadvantages which could be brought by legalizing divorce here. Having a divorce could mean that you may have a chance to live another life which is better and happier. Nonetheless, divorce could just make things easier for the couple to give up on their marriage without exerting any effort to save it.
Now for the issue of abuse this is totally unacceptable. That is why we should push women empowerment. There are times that we don't realize the abuses that we get. It is simply not limited only to physical, it could also be verbal and other ways. Some wives when asked why aren't they working, their answer would be because their husbands wouldn't allow them to work. They have not thought that this is the beginning of an abuse. Not working should be your choice and not your partner's choice. They don't want their wives to work so that someday women will be very dependent on them an no matter what they do their spouses could not leave them because they are not financially capable to feed their family. It's like the premise of an abuse already.
As fellow women we should help those who are in this situation and make them realize that with divorce or without divorce, they shouldn't allow anybody to abuse them.
@anne25penn (3305)
• Philippines
17 Apr 10
Thank you for your response. There is still so much that needs to be worked on and improved in our society. I am no lawyer, so I don't have any idea why physical abuse can't be grounds for annulment.
@junmae (1586)
• Philippines
16 Apr 10
I think those law should be change and included domestic violence as grounds for annulment because the victim is just the one who will suffer from it. I am agree with annulment and divorce because that would be the time that w\you will be set free from a life that is like hell. Annulments increases each year compare to the previous years because most of the men now beats there wife.
@anne25penn (3305)
• Philippines
16 Apr 10
I always thought that domestic violence was a ground for annulment. That's why I was shocked when my friend told me that she can only file for legal separation because domestic violence is not enough reason for an annulment. Thank you for your response!
@caiye786 (95)
• China
16 Apr 10
Marriage should be on the base of happiness ,if one fells nothing delighted with the other ,what
is the sense to keep a unhappy marriage .everyone should have the right to choose their happiness.
and the law should confirm that women could get away from family violence. though divorce is not a best way to society ,sometimes it is useful way .
@anne25penn (3305)
• Philippines
17 Apr 10
True, happiness is a choice. Thank you for your response.