BY HERMAN M. LAGON
VALUES and expectations around relationships and family structures change as societies develop. Legalizing divorce makes sense since it reflects modern values and guarantees that the law is fair and applicable. This shift in social norms emphasizes how important it is for our nation to modernize its legal system to reflect the reality of contemporary living.
Even with these convincing justifications, there is still much resistance to the divorce measure, especially from conservative and religious organizations. Our nation’s profoundly ingrained religious traditions significantly impact legislative decisions and public opinion. Many people consider marriage a sacred commitment that lasts a lifetime, affecting their opposition to divorce. But it is important to remember that, even in the Catholic religion, divorce and annulment are permitted, acknowledging that not all marriages are intended to last.
“Who does the Absolute Divorce Act protect and who does it jeopardize?” was a poignant question posed by Carl Martin Agustin in his piece published in the Inquirer Lifestyle section.
The bill offers women and children a way out of violent and dysfunctional marriages, with the primary goal being their protection. It recognizes that in order to handle the difficulties and complexities of contemporary relationships, a legal solution is required. However, traditionalist organizations worry that allowing divorce will threaten the institution of marriage and result in moral degradation.
Interestingly, divorce was not always an alien concept in the Philippines. During the American occupation, Act No. 2710 allowed for divorce, which was later removed with the introduction of Republic Act No. 386 (Civil Code) and Executive Order No. 209 (Family Code).
Today, non-Muslim Filipinos are the only ones denied access to divorce, highlighting a legal inconsistency that warrants reexamination.
The existing annulment and legal separation options need to be revised. Annulments are costly and time-consuming, accessible mainly to the wealthy, while legal separation only allows couples to live apart without dissolving the marital bond. Divorce, on the other hand, terminates a valid marriage, offering a broader range of grounds and a more straightforward process for those in need.
As we navigate this complex issue, fostering a respectful, open dialogue that considers all perspectives is crucial. Legalizing divorce is not about promoting instability but providing a rational and compassionate solution for couples in irreparable marriages. It recognizes the limitations of human endurance and the need for a fresh start, ultimately contributing to a more humane society.
The proposed Absolute Divorce Bill represents a significant step forward in addressing the realities of modern relationships. It is a testament to our society’s evolving values, balancing the need for personal freedom, protection from harm, and the pursuit of happiness. As the bill moves forward in Congress, it is essential to remember these considerations, ensuring that the law reflects what is fair, sound, and just.
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Doc H fondly describes himself as a ‘student of and for life’ who, like many others, aspires to a life-giving and why-driven world grounded in social justice and the pursuit of happiness. His views do not necessarily reflect those of the institutions he is employed or connected with./PN
