Marriage as an inviolable social institution is not just a legal definition but also an ideal that we strive for. However, much as our culture embraces the importance and value of the family, there are cases where this social institution needs restructuring.
With the recent developments in the 15th Congress, Filipino immigrants are eagerly keeping an eye on the progress of House Bill 1799—the divorce bill.
The following are just a few of the cases illustrating the unjustness of the current “no divorce” system.
The Real Widow
Clemente is a Filipino World War II veteran who married Marieta. After living together for one year, Marieta and Clemente separated. Both parties then found new partners and began living with their new partners without the benefit of marriage. For more than 50 years, Clemente lived with his partner Diana and they had three children who are now adults. After suffering from cancer, Clemente passed away last year. As a war veteran, he was receiving compensation benefits from the Veteran’s Administration.
When Diana applied for compensation benefit as the widow of a veteran, she was denied the benefit as she was not the legal wife. Marieta, on the other hand, also filed for the benefit and will most likely be granted the widow’s benefit instead of Diana. If divorce were legal in the Philippines at the time Clemente was alive, the pension would have gone to Diana who actually lived with Clemente for several decades and who took care of him during all these years.
Threat of Bigamy
Sylvia, a US citizen, married Mario and petitioned him for an immigrant visa. Prior to their marriage, Mario was actually married to Jane who lives in Manila. Since the Philippines does not recognize divorce, Mario filed for dissolution of their marriage in Las Vegas. A divorce decree was obtained in Las Vegas declaring the marriage of Mario and Jane dissolved for all legal purposes.
Mario’s second marriage to Sylvia, however, did not work well and he decided to return to the Philippines for good. Now that he is back in the Philippines, Jane is threatening to file a bigamous marriage case against Mario. Under Philippine law, Mario was still considered married to Jane at the time he married Sylvia. The dissolution of marriage that Mario obtained in Las Vegas is not valid in the Philippines as both parties were Filipino citizens at the time the divorce was obtained.
Victim of Abuse
Purificacion was married to David for five years. After just a few months of marriage, David turned violent. He was verbally abusive and beat Purificacion regularly. Purificacion tried to stay in the marital union because of strong pressure from other family members. Finally, she was able leave David and migrate to the US. Purificacion, as a victim of domestic violence, filed for divorce in California where it was granted. She is now living separately from her abusive husband.
US Divorces
Marriage issues are common in immigration cases. In these cases, prior divorce by the party being petitioned is crucial to a valid petition by US citizens.
Luckily for some who have the financial ability to travel abroad, divorce can be obtained in countries where it is recognized. However, those with no financial capacity are compelled to live with their broken marriages. When the right opportunity comes, and a US citizen (or any other foreigner) wishes to marry a Filipino who is already separated from his or her spouse, no such possibility is provided as there is no divorce in the Philippines and subsequent remarriages are not valid.
With approximately four million Filipinos in America, the divorce rate among Filipino families is not at all high. We still bring with us the culture and values of Filipino families, despite the availability of divorce as an option.
However, a nation that cares for its citizenry must not just protect the family as an institution but also the individuals who comprise that family. Providing options to legalize divorce does not automatically mean a mushrooming of divorced families—it should be perceived more as a regulated way of protecting individual rights and upholding values of fairness when cases arise that will warrant a termination of marital relationship. –Lourdes Santos Tancinco, Philippine Daily Inquirer
(Tancinco may be reached at law@tancinco.com or at 721 1963 or 877 7177)
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