DIVORCE IN THE PHILIPPINES

Generally, Divorce is prohibited in the Philippines. However, the Philippine

Constitution offers legal separation and annulment as legal separation as alternative for
divorce. In fact the Philippines and the Vatican are only two countries were divorce is
illegal. The Vatican is a self-determining state led by the Pope, who also leads the Catholic
Church. Meanwhile, the Philippines is mainly a Catholic country, where majority of the
couples elect to marry in church. Muslims in the Philippines, however are not covered by
the prohibition on obtaining a divorce decree. Presidential Decree No. 1083, otherwise
known as A Decree to obtain and Promulgate a Code Recognizing the System of Filipino
Muslim Laws, Codifying Muslim Personal Law, and Providing for its Administration
and other purposes. This law provides for the creation of Shari ’a Courts in the
Philippines and allowed divorce among Muslims, or when the husband is a Muslim, and
the marriage was celebrated under Muslim rites. This is the only divorce law in the
Philippines and remains in full force and effect.

Article 45 of the law defines divorce as the formal dissolution of the marriage bond
only after the exhaustion of all possible means of reconciliation between the spouses.
However, if an Islam convert after having been formerly married in a Catholic Church
files a divorce decree under the said law, P.D. 1083 will not apply. Under Article 13 of
P.D. 1083, the Civil Code of the Philippines will apply because the marriage celebrated
was in a Catholic church. Thus, the proper remedy is to file an action for annulment or a
declaration of nullity of marriage. P.D.1083 will not apply when the marriage sought to
be divorced was solemnized by a priest, minister, judge or a mayor, even if the wife is a
Muslim. P.D. 1083 is only applicable in cases where the husband and the wife are both
Muslims and when the husband is Muslim and that the marriage was celebrated under
Muslim Law.