Lifestyle Blog of Lyle Santos. Part-time Nurse, Full-time Blogger.
Marriage, Divorce, and Annulment in the Philippines
After the very controversial RH Bill, the next hot topic in the Philippines is divorce with some groups pushing for legalization of divorce in our country.
And just like the RH Bill, the issue on legalizing divorce in the Philippines is a very polarizing issue.
Before intelligent discussions on the matter get dumbed down by threats of excommunication, petty name-calling, and hurtful insults, here are a few things worth noting on the matter:
- Divorce is the dissolution of an existing marriage.
- Annulment is a declaration/determination that a marriage was void in the beginning or it never existed in the first place.
- At present, there is no absolute divorce in the Philippines but we have annulment and legal separation.
- The catholic church is vehemently against divorce but is open to religious annulment.
- Religious annulment is a declaration by the Church that a marriage was not entered into validly (void) or that no real marriage took place.
- Religious annulment and civil annulment are not one and the same although similar in many aspects.
- Civil/religious Annulment and divorce are not one and the same.
- Annulment and legal separation are not one and the same.
- The Philippines used to have (and still has in limited form) divorce. Divorce was legal under the 1935 Constitution, during Japanese occupation, and is still legal, under certain circumstances, for our Muslim brothers under Presidential Decree 1083.
- Religious annulment does not have civil or legal effect. If a party wishes to remarry, he/she must obtain a civil annulment.
- If a marriage is annulled, both parties may legally remarry.
- If a marriage is dissolved through divorce, both parties may legally remarry
A simple appreciation of the foregoing details goes a long way towards an intelligent and productive discourse of the issue at hand. Hopefully this time, the general public and our Church and political leaders raise the level of discussion beyond emotional, baseless, and subjective talking points.
For more on Marriage, Divorce, and Annulment in the Philippines, a good reference is the Family Code of the Philippines.
Disclaimer: Although efforts have been made to ensure the accuracy and currency of information provided here, the same should not be construed as a statement of law or used for any legal purposes. In other words — I’m not a lawyer so no legal consultations, please. Also, Be nice when commenting below. 
About the author
Lyle Santos has bachelor degrees in Psychology and Nursing. A nurse by profession, he is licensed in the State of Connecticut and in the Philippines. A recipient of the Globe Digital Tribe Award in the 2009 Philippine Blog Awards, Lyle served as the Logistics Officer of Davao Bloggers in 2010 and is currently the Chief Technology Officer of Avatar Media.
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about 8 months ago
I don’t get the concept of annulment. It’s like denying that you got married when in the first place you did and at times you have kids to prove it too.
I’m hoping the divorce bill gets approved. Another thing we should consider too is the cost. Sana ‘masa-friendly’ ang divorce.
about 8 months ago
I agree. It’s exactly the point I tell people I talk to about why divorce is better than annulment.
Regarding cost, the proposed divorce bill actually seeks to address that by removing the requirement of having an expert testify in the proceeding. At present, annulment is prohibitively expensive because of the requirement that “experts” declare that one or both of the parties are psychologically incapable of fulfilling their marital duties.
about 8 months ago
I can’t imagine that half the Filipino population considers the divorce bill.
about 8 months ago
Each marriage is a unique case. There are situations or instances where people find divorce as a way to fix problems and actually improve relationships.
A typical point/argument against divorce is the perceived negative effect on the children. I think it’s a weak argument. Here’s why:
Scenario 1: Irresponsible, drunkard father beats up his wife in front of his children and threatens his children with physical harm “if they go against his will” by defending their physically abused mother.
Scenario 2: Married couples with irreconcilable differences file for divorce and separate on friendly terms with each parent spending pre-determined time with the children. Both parents also provide for their children’s needs.
Now ask yourself this — Which of the two scenarios is better for the all the parties involved?
That is the reason why a considerable number of the Filipino population is in favor of divorce, myself included.
about 8 months ago
Scenario 2 is better..
about 8 months ago
I’m single and a true blooded catholic. In my own rights I’m in favor for a Divorce Bill in our country.
Annulment is really expensive and it could take years for the proceedings to be approved. This is not appropriate for the poor Filipinos and mostly the number of our population belonged to the middle and low class. Many of our fellow Filipinos are seeking freedom from there broken marriage. Why would you let two people be together if they can’t be together anymore? It’s a shame that you’re moving on in life for how many years. Physically you’re not together but in the law your still connected with each other which is not right. Yes! I’am a Catholic I still believe the sanctity of Marriage but definitely if two people can’t be together anymore they have the right for freedom. It’s not all about the religious stuff is about us being humans we have the choice in our life. To be free, to learn from our mistakes and move on in life. God created us in his image and likeness and we are created to have infinite potentials.
If the church is afraid and protecting of Family Marriage to avoid violence. Then there’s no difference. Being not ready for a Married life can create chaos but also being in a married life where two people who can’t be together anymore can create more chaos as well. It’s the same thing no difference.
If people have the right to Marry. Then people also have the right to be free from broken Marriages. This is Human Rights. The Right to be free.
We are human beings. We are destined to forgive and love one another.
about 7 months ago
I understand how the church reacts regarding the legalization of Divorce in the Philippines. But in my own understanding and by weighing things up, I don’t think Divorce is that bad. Since, we really can’t do anything if two people are not happy together anymore and besides whether Divorce is legal or not if one Marriage is broken, it’s broken. We can’t do anything about it unless the two person involved will do something to fixed it. So, in the end it’s still up to the persons involved.
about 7 months ago
I am also pro the Divorce Bill..