The Philippines stands as a global outlier regarding the dissolution of marriage. As the only country in the world, aside from Vatican City, without a general divorce law, the Philippine legal system operates under a unique framework governing the termination of marital bonds.
Currently, the legal landscape is defined by a strict adherence to the 1987 Constitution’s mandate to protect marriage as an "inviolable social institution," while simultaneously navigating a growing legislative push to institutionalize absolute divorce.
Current Legislative Status: The Divorce Bill
As of early 2024, the push for absolute divorce has reached a historic milestone. The House of Representatives approved House Bill (HB) 9349, also known as the "Absolute Divorce Act," on its third and final reading in May 2024.
Key features of the pending legislation include:
- Expansion of Grounds: It incorporates existing grounds for legal separation and annulment while adding new ones like irreconcilable differences and domestic abuse.
- Pro-Poor Provisions: The bill includes provisions for court-assisted procedures for indigent litigants.
- Mandatory Cooling-off Period: A 60-day period after filing to allow for potential reconciliation, except in cases involving violence.
The bill’s progression now depends on the Philippine Senate, where it faces significant opposition from conservative blocs and the Catholic Church. While a counterpart bill has been filed in the Senate, its passage remains a subject of intense national debate.
Existing Legal Grounds for Marriage Dissolution
In the absence of a divorce law, Filipinos currently rely on three primary legal remedies under the Family Code of the Philippines. It is crucial to distinguish between them, as they have vastly different legal effects.
1. Declaration of Absolute Nullity (Article 35 & 36)
This applies to marriages that were void from the beginning (void ab initio). In the eyes of the law, the marriage never existed.
- Psychological Incapacity (Article 36): The most common ground used. It refers to a party's inability to comply with the essential marital obligations due to a psychological condition that must be characterized by gravity, juridical antecedence, and incurability.
- Lack of Essentials: Marriages without a valid license, those solemnized by unauthorized persons, or bigamous/polygamous marriages.
- Incestuous Marriages: Marriages between direct ascendants/descendants or siblings.
2. Annulment of Voidable Marriages (Article 45)
Unlike nullity, an annulment applies to a marriage that is considered valid until set aside by a court decree. The grounds must exist at the time of the celebration of the marriage:
- Lack of Parental Consent: If a party was between 18 and 21 and did not obtain consent.
- Insanity: If either party was of unsound mind.
- Fraud: Such as non-disclosure of a prior conviction, drug addiction, or pregnancy by another man.
- Force, Intimidation, or Undue Influence.
- Physical Incapacity: Specifically, the inability to consummate the marriage (impotence) that appears to be incurable.
- STD: If either party has a serious and incurable sexually transmitted disease.
3. Legal Separation (Article 55)
Legal separation allows a couple to live apart and separate their properties, but the marital bond remains intact. Neither party can remarry.
- Grounds: Repeated physical violence, pressure to change religious or political affiliation, attempt to corrupt the spouse or child, final judgment of imprisonment of more than six years, drug addiction, habitual alcoholism, or sexual infidelity (adultery/concubinage).
Comparative Overview of Current Remedies
| Feature | Declaration of Nullity | Annulment | Legal Separation |
|---|---|---|---|
| Status of Marriage | Never existed (Void) | Valid until cancelled (Voidable) | Remains valid |
| Right to Remarry | Yes | Yes | No |
| Common Ground | Psychological Incapacity | Fraud / Impotence | Infidelity / Violence |
| Property Effect | Liquidation of assets | Liquidation of assets | Dissolution of community property |
The Role of the Supreme Court
In recent years, the Philippine Supreme Court has significantly relaxed the "strict" requirements for psychological incapacity. In the landmark case of Tan-Andal v. Andal (2021), the Court ruled that psychological incapacity is not a medical or clinical concept but a legal one.
This means:
- Expert testimony (from a psychologist or psychiatrist) is no longer a mandatory requirement.
- The incapacity does not need to be a clinical personality disorder; it can be established through the totality of evidence showing a persistent pattern of failing marital duties.
Recognition of Foreign Divorce
Under Article 26 of the Family Code, the Philippines recognizes divorces obtained abroad in specific circumstances. If a Filipino is married to a foreigner and the foreign spouse subsequently obtains a valid divorce abroad that allows them to remarry, the Filipino spouse is also capacitated to remarry under Philippine law. This requires a Petition for Judicial Recognition of Foreign Judgment filed in a Philippine Regional Trial Court.