Perplexed: legal separation, Annulment ,Divorce in the Philippines..What is the difference?

IMG_0156Philippines to date is the last country in the world that does not allow divorce. So why is it included in the questionnaire when you are applying to renew Philippine passport?

Civil status: () single () married () widower ()legally separated () Annulled () Divorced

Probably for those who has dual citizens? Maybe..

What about those who are separated for awhile? My search for an answer brought up more questions.

A perplexed reader..

The Family Code grants spouses equal rights, gives dual authority to parents in the family and provides for special protection for children in case either parent remarries.Strong Catholic grounding and the Filipinos’ reverence for family life discouraged the implementation of divorce laws in the Philippines.

Equal rights?

Is it equal rights, when your husband or wife commits adultery or concubinage ? when there’s only one who provides? When there’s a double standard like it’s alright for a man to have extra-marital affairs and for a woman a “no-no”? How about when one is abusive either orally or physically?

What about for those Filipinos who were divorced by alien spouse? Does the law applies to them because they are Filipino Citizen?

Special protection?

in case either parent remarries? and if not ? who should be responsible? Isn’t it if you are responsible parent or a human being for that matter, you know these are your children, no one should impose on you whether to support them or not, It is  a GIVEN matter, a parent should economically, morally responsible to their children.

Article 1 of the Family Code defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. 

Permanent? Who says so? huh! legal separation..Annulment..Divorced..

Don’t get me wrong, I am a supporter of strong marriages, I would like my sons to marry .. praying it will last forever not because of the law but because it’s their choice to stay together happily and both believed in the sanctity of marriage.

Equal rights?? again!

If you have rights to enter into a contract, you also have the right to get out of it!

The essential marital obligations referred to in Article 36 are those enumerated under Articles 68-71, 220, 221 and 225 of the Family Code. These articles provide for the obligation of spouses to live together, observe mutual love, respect and fidelity and render mutual help and support.

mutual love ,respect and help and support

meaning, when one does not oblige the contract is null and void?

and this one made me! pa more 🙂

legal separation  – is a relative divorce meaning? allows only the separation of spouses from bed and board and does not dissolve the marriage bonds.

bed and board? you must be kidding!

what about the children?

Support is the obligation between spouses and their children. In the Philippines,however, as in perhaps other Oriental countries, filial obligation demands that children support their parents in their old age.

meaning, when one parent doesn’t support the children, the marriage contract is also null and void? what about in old age? how can you accept support from your children if you yourself broke the law?

and here’s the thing.. the usual cause of breakdown of marriage – infidelity and irreconcilable differences – don’t count as a basis for annulment, as for legal separation, the ‘psychological incapacity’ is a very vague description to begin with. Not only the basis is so complex but the process of the procedure in itself is so expensive that poor people can not afford. Again, family code..where is equal rights? if only the rich and influential people can have it.

and what about the OFW (Overseas Filipino Worker) who for economic reasons left behind their families to support them only to find out later on, that the hard -earned money was used by the husband/wife to his new girl/boyfriend or to support extended families back home, is this right?

Is it practical to spend PhP 150K – 300K for annulment? This amount can already be used by your children on their future or to your future for the children to be free of economic burden when you reach old age.

Now, what was the topic again? legal separation,annulment,divorce..differences ? ah yes!

Don’t you think it is all the same? dissolve the bond? In the first place in my opinion, if two people constantly disagree and disrespectful of each other, the sanctity of marriage is gone in their heart and only remains in the paper. For what? as a status symbol? What is marriage when one doesn’t comply to his/her obligations. Where is the sanctity when you committed a sin against your spouse?

Ladies, let me understand why no Divorce in Philippines?


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Author: jamilamimi

a mother of two, professionally working as cosmetic dentist, a lover of own perception in and out.

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