Philippine mother of three Stella Sibonga is desperate to end a marriage she never wanted, but divorce in the Catholic-majority country is illegal, and a court annulment takes years.
The Philippines is the only place outside the Vatican where divorce is outlawed.
Pro-divorce advocates say that the ban makes it harder for couples to cut ties and remarry, and escape violent spouses.
Photo: AFP
People can ask a court for an annulment or a declaration that the nuptials were invalid from the start, but the government can appeal those decisions.
The legal process is slow and expensive — cases can cost as much as US$10,000 or more in a country plagued by poverty — with no guarantee of success, and some people seeking a faster result fall for online scams.
“I don’t understand why it has to be this difficult,” said Sibonga, 45, who has spent 11 years trying to get out of a marriage that her parents forced her into after she became pregnant.
Sibonga’s legal battle began in 2012, when she applied to a court to cancel her marriage on the basis of her husband’s alleged “psychological incapacity,” one of the grounds for terminating a matrimony.
After five years and US$3,500 in legal fees, a judge finally agreed.
However, the former domestic worker’s relief was short-lived.
The Philippine Office of the Solicitor General, which as the government’s legal representative is tasked with protecting the institution of marriage, successfully appealed the decision in 2019.
Sibonga said she asked the Court of Appeals to reverse its ruling, but is still waiting for an answer.
“Why are we, the ones who experienced suffering, abandonment and abuse, being punished by the law?” Sibonga said. “All we want is to be free.”
The most powerful opponent to divorce in the Philippines is the Catholic Church, which is also against abortion and contraceptives.
About 78 percent of the country’s 110 million people are Catholic, official census data shows.
Many politicians are wary of contradicting the church on sensitive social issues, but the Philippine Congress has scored significant wins in the past few years. A controversial birth control law was passed in 2012, despite strong opposition from the church.
In 2018, majority and opposition parties in the Philippine House of Representatives approved a divorce bill that later stalled in the Philippine Senate. It was the first time such a proposal had got that far.
Surveys conducted by polling company Social Weather Stations show a shift in Philippine attitudes toward divorce.
In 2005, 43 percent of Filipinos supported legalizing divorce “for irreconcilably separated couples,” while 45 percent disagreed.
The same survey in 2017 showed 53 percent in favor, while only 32 percent disagreed.
A group of lawmakers is now leading a fresh push to legalese divorce, with several bills filed in the House and the Senate.
“We are not destroying any marriage,” said Edcel Lagman, a congressman and author of one of the bills.
Lagman said divorce was for “dysfunctional marriages beyond repair,” and legalizing it would enable women and their children to escape “intolerant and abusive husbands.”
The legislation would not allow for a “quickie divorce,” he added.
Before he was elected, Philippine President Ferdinand Marcos Jr said the country should consider allowing divorce, but insisted it should not be easy.
The burdensome process for getting a court order to end a marriage has spawned online scams offering to secure a quick ruling without time-consuming court appearances.
Agence France-Presse (AFP) fact-checkers found numerous Facebook posts spreading false information about the legal process for annulment to attract clients, underscoring a growing global trend of fraudsters profiting off disinformation.
AFP has a global team of journalists, including in the Philippines, who debunk misinformation as part of Facebook and WhatsApp owner Meta Platforms’ third-party fact-checking program.
One victim said she was charged the equivalent of US$2,400 for an annulment service that turned out to be fake, and is considering converting to Islam in the hope of securing a divorce under Muslim law.
“I’m really trying every possible option just to be single again,” she said, speaking on condition of anonymity. “Annulment takes so long, it’s so expensive and it’s not guaranteed, so I’m seeking a more convenient way.”
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