⅝⁸NAME: JAMES BRIAN CARBAQUIL

GRADE AND SECTION: 12 HUMSS A

DIVORCE: BREAKING FREE FROM THE CHAINS OF ABUSIVE LOVE

Divorce remains a controversial issue in the Philippines, the only country in the world

aside from Vatican City without a legal process for ending a marriage. Despite the nation's

deeply rooted traditional values and strong religious influence, the need to legalize divorce

has become increasingly evident to protect human rights and address the struggles of

individuals trapped in irreparable marriages. The absence of divorce laws not only limits

personal freedom but also denies people the opportunity to reclaim their dignity and rebuild

their lives. This issue goes beyond moral or cultural debates—it is a matter of social justice,

legal equity, and respect for individual well-being. By providing a legal pathway for people

in unhealthy and abusive relationships, the Philippines would be acknowledging that some

unions are beyond repair and that individuals deserve the right to choose a life free from

suffering.

The principles established by international human rights frameworks reinforce the

importance of divorce as a means to protect personal rights. Article 16 of the Universal

Declaration of Human Rights (UDHR) highlights that every individual has the right to marry

and establish a family. However, this same article emphasizes that marriage must be founded

on the free and full consent of both parties. When a relationship turns abusive—whether

physically, emotionally, or mentally—it deviates from the fundamental values of respect,

just a personal choice but a critical mechanism to safeguard the dignity, security, and overall

well-being of those involved. Denying this option traps individuals in relationships that

violate their fundamental rights, contradicting the core principles of the UDHR.

Moreover, Article 3 of the UDHR asserts that every person has the right to life,

liberty, and security. For individuals who remain stuck in harmful marriages with no viable

legal escape, this right is clearly undermined. Victims of abuse are often subjected to

prolonged emotional trauma, financial instability, and social isolation. Without divorce, these

individuals are forced to endure these circumstances indefinitely, creating a cycle of suffering

that extends not only to themselves but to their children and families. Providing divorce as a

legal remedy is essential to uphold these fundamental human rights and ensure that people

can pursue lives of safety and security.

In the Philippines, the current legal framework offers only limited solutions for

ending marriages. The most prominent option is annulment, a complex and expensive process

that requires proving that the marriage was void from the beginning due to factors like

psychological incapacity or lack of legal requirements. Annulment is notoriously costly, often

requiring substantial legal fees, psychological assessments, and lengthy court proceedings.

For many Filipinos, particularly those from marginalized sectors, this process is simply

unattainable. Consequently, individuals with limited financial resources are left without any

means to lawfully escape from abusive, unhealthy, or unsustainable marriages. The absence

of divorce therefore reinforces a system of inequality, where only the privileged can afford

the legal means to break free from failed unions.

The Family Code of the Philippines (Executive Order No. 209) offers other limited

options, such as legal separation. However, this does not fully dissolve the marriage and
restricts individuals from remarrying. While legal separation allows couples to live apart and

divide assets, the continued legal bond leaves individuals without the freedom to move

forward with their personal lives. This limitation highlights the urgent need for divorce as a

more comprehensive, realistic, and accessible alternative. By introducing divorce into

Philippine law, the justice system would provide a fairer, more inclusive option that

recognizes the diverse struggles of those seeking to free themselves from irreparable

relationships.

The absence of divorce laws disproportionately affects women, who are often the

primary victims of domestic violence and marital abuse. Although the Republic Act No.

9262, known as the Anti-Violence Against Women and Their Children Act of 2004, aims to

protect women and children from abuse, it does not address the plight of women who remain

legally tied to abusive partners. Even when women obtain protection orders, the absence of

divorce prevents them from severing their legal ties to their abuser entirely. As a result, many

women are left vulnerable to continued harassment, financial control, and emotional

manipulation. Divorce would serve as a vital legal mechanism to provide complete freedom

and protection for women who have endured abusive relationships. By granting women the

ability to legally dissolve their marriages, the law would empower them to rebuild their lives

without fear of further harm.

The well-being of children is often cited as a major argument against divorce, with

opponents claiming that separation damages family stability. However, research has shown

that children who grow up in households filled with conflict, violence, and emotional turmoil

are far more negatively affected than those raised in peaceful yet separated homes. In cases

where parents remain together despite constant tension, children are frequently exposed to

shouting, aggression, and even physical violence. Such experiences can lead to long-term
psychological damage, affecting the child’s emotional health, academic performance, and

future relationships. The United Nations Convention on the Rights of the Child (UNCRC)

emphasizes in Article 19 that children have the right to be protected from all forms of

violence, abuse, and neglect. In situations where conflict and violence dominate the

household, divorce can be the most effective way to remove children from harmful

environments and provide them with a more stable, nurturing upbringing. Divorce can offer

children the chance to thrive in a healthier environment, free from the constant stress and

trauma of a toxic home life.

Religious opposition has been one of the most significant barriers to legalizing

divorce in the Philippines. Many critics argue that divorce undermines the sanctity of

marriage and contradicts moral values. However, it is important to recognize that not all

Filipinos adhere to the same religious beliefs. The 1987 Constitution of the Philippines

affirms in Article II, Section 6 that the state is separate from the church. This principle

ensures that government policies are not dictated by religious doctrines, allowing the

country’s diverse population to make choices that align with their own beliefs and

circumstances. Legalizing divorce does not force individuals or religious groups to embrace

it; rather, it offers a legal option for those who believe it is necessary. By providing this

choice, the state fulfills its duty to protect the rights of all citizens, regardless of their faith or

personal convictions.

The introduction of divorce legislation is more than a legal reform; it is a profound

step toward recognizing the dignity, autonomy, and emotional well-being of every Filipino. It

acknowledges that some marriages are no longer salvageable and that forcing individuals to

remain in such unions only prolongs their suffering. Divorce offers a humane, accessible, and

practical solution for those seeking freedom from toxic and damaging relationships. More
importantly, it empowers individuals to pursue new beginnings, establish healthier family

dynamics, and restore their mental and emotional peace.

While opponents may argue that divorce weakens family values, evidence suggests

that it can, in fact, strengthen them. By providing an escape for those suffering in unhealthy

marriages, divorce allows individuals to rebuild their lives with dignity, self-respect, and

renewed hope. It also creates safer, more stable environments for children who would

otherwise be exposed to conflict and violence. Divorce is not simply about ending marriages;

it is about giving people the opportunity to reclaim their happiness, protect their well-being,

and create a future rooted in peace and stability.

In embracing divorce as a legal option, the Philippines would be taking a significant

step toward establishing a more compassionate and just society—one that recognizes that the

right to leave a harmful relationship is as vital as the right to enter a loving one. Legalizing

divorce is not about destroying the institution of marriage; it is about recognizing that some

unions, no matter how well-intentioned, can become damaging and irreparable. By allowing

individuals to break free from these chains, the country opens a path toward healing, growth,

and a brighter, more hopeful future.