Divorce in the Philippines is a process to dissolve a marriage that is not typically legally available to Filipino citizens. The Muslim Personal Code, however, allows for divorce for couples who got married through the Islamic rite under specific circumstances.
The Philippines is often cited as the "only country in the world" where divorce is illegal, aside from the Vatican City since Malta legalized it in 2011. Annulment is the only legal route to get out of a marriage for most citizens of the Philippines.
Couples may also opt for legal separation, alternatively referred to as 'relative divorce', although this process does not dissolve the marriage. Relative divorce is contrasted with 'absolute divorce', a setup where previously married individuals are allowed to remarry.
There has been several attempts to legalize absolute divorce in the Congress.
History
Spanish colonial era
During the Spanish era in the Philippines, absolute divorce is unrecognized. The colony was under the jurisdiction of the Siete Partidas, which only granted couples 'relative divorce' which is mensa et thoro or legal separation and does not legally dissolve the actual marital ties. The following are the prerequisite for a relative divorce under the Siete Partidas.
One of spouse seek to enter a religious order with consent from the other
Adultery committed by either
Heresy by one of the spouse, or conversion to Islam or Judaism
American colonial era
The United States would take over the Philippines after the conclusion of the Spanish–American War. During this period Act No. 2710 or the Divorce Law became law on March 11, 1917. The legislation provided for divorce a vinculo matrimonii or 'absolute divorce'. Divorce permissible was fault-based with the following prerequisite.
Adultery committed by the wife with criminal conviction
Concubinage committed by the husband with criminal conviction
Japanese occupation
When the Japanese Empire occupied the Philippines during the World War II, the Japanese installed Philippine Executive Commission issued Executive Order No. 141 on March 25, 1943 which repealed Act No. 2710 and expanded the divorce law in the archipelago through the new decree providing eleven grounds for a valid absolute divorce. Following the end of Axis occupation of the islands and the proclamation of the revival of the Philippine Commonwealth on October 23, 1944 by General Douglas MacArthur, Act No. 2710 was once again the prevailing law on divorce matters in the Philippines.
Post-Commonwealth and contemporary era
Following the Philippines independence from the United States in the Philippines in 1946, Act No. 2710 remained applicable for a time. Until the enactment of the Republic Act No. 386 or the Civil Code on August 30, 1950 which only allowed for legal separation or what was before known as 'relative divorce' and does not allow for absolute divorce. The grounds were adultery/concubinage by a spouse and an attempt on one's life of one spouse over another. There was deliberation within the Code Commission to include provisions on absolute divorce which was opposed by conservatives.
The Civil Code would be updated through the Family Code in 1987 but the newer law still did not allow for absolute divorce. The Civil Code allows for divorce for Muslims for a period of twenty years.
In 1977, President Ferdinand Marcos enacted the Code of Muslim Personal Laws which included absolute divorce provisions for Muslims.
Presidents Gloria Macapagal Arroyo, Benigno Aquino III, and Rodrigo Duterte has expressed they would not support the passage of an absolute divorce bill during their presidencies. Although Aquino mentioned he was open to a 'legal separation' law which would allow couples to re-marry.
Current president Bongbong Marcos has said that he was open to legalizing divorce when he was still a candidate for the 2022 presidential election provided that the option "would not be easy".
By custom or rite of union
Indigenous people
The dissolution of marriages conducted under indigenous people's rites through divorce are not recognized by the government.
Several cultures recognize divorce in their marriages including the Ibaloi of Benguet, Tagbanwa of Palawan, Gadangs of Nueva Vizcaya, the Kankanais and Bontocs of the Cordilleras, and the Manobos and B'laans of Mindanao.
Muslims
The Code of Muslim Personal Laws of 1977 does allow for divorce for Filipino Muslims, many of who are part of the Moro people.