The only other country in the world, besides the Vatican, where divorce is illegal

Manila (Philippines)AJ Alfafara, 46, a Protestant and founder of the Divorce Pilipinas coalition, separated from her husband more than 12 years ago and says she has not seen her son for more than a decade, since he – aged 9 – chose to live with his father, who came from a family with certain conditions. A few months ago, Alfafara, who works as a virtual office assistant and is studying at university, wanted to buy a house, but was told that she needed her husband's signature.

The Philippines is the only country in the world, along with the Vatican, where divorce remains illegal, even in cases of mutual agreement, manifest infidelity or gender violence. The only option for couples trapped in terminated marriagesde facto

Despite being a country where the vast majority of the population declare themselves to be practising Catholics, the view on divorce has changed radically in recent years, and currently polls assure that more than half of Filipinos are in favour of its legalisation. Now, a new bill, approved in May by the House of Representatives, could change the situation of tens of thousands of people who find themselves in legal limbo.

A process stopped by the elections

However, the process has been halted in the Senate for a second reading before it reaches the executive branch and also for the mid-term elections called for mid-May, in which 12 of the 24 seats in the chamber will be renewed. Although some senators could show doubts during the re-election campaign, defenders of the proposal and lobbyists in favor of divorce are more optimistic than ever that the law could be approved soon. Even the president of the country, Ferdinand Marcos Jr. –son of the dictator deposed in 1986–, has shown himself open to the possibility of this legal reform Despite the ultra-conservative nature of his government.

But the resolution of this issue will not be a bed of roses: the Philippine Church, still a very influential force within the society of the former Spanish colony, has launched an unprecedented pressure campaign against the legalization of divorce, and has described the defenders of the new law as "irrational." It has also promoted the installation of banners against the measure in cathedrals, churches and hermitages throughout the country. Some ultraconservative legislators have positioned themselves alongside the Episcopal Conference of the Philippines and other ultraconservative groups such as Couples for Christ, some of whose members are members of Congress.

This has caused supporters of legalization to present divorce as a human right. "We approach it as a human right, because a civil right is also a human right," explains Alfafara, of the group Pinoy Advocates for Justice, Equity, Diversity and Inclusion. "They make you feel guilty for going against God's law, but we remind them that we are only claiming a civil right. We are not interfering in anyone's religious beliefs, divorce is not mandatory, it is only for those who need it as a civil right, but it does not go against any religious belief," explains the activist.

A history marked by changes in divorce matters

Divorce has a unique, complex history marked by political and cultural changes in the Philippines: during the Spanish colonial era, divorce was strictly prohibited, although legal separation was permitted under limited conditions. This situation changed under the American occupation in the early 20th century, when divorce was legalised but only in cases of adultery and cohabitation. During World War II, the Japanese, who occupied the Philippines, expanded divorce legislation and passed more grounds to allow marital separation in order to harmonise local civil customs and practices with those of their country.

However, this flexibility disappeared with the enactment of the Philippine Civil Code of 1950, which severely restricted divorce again following ecclesiastical pressure. The only exception is the Muslim community, which represents 5% of the population, since in 1977, during the Marcos dictatorship, a law was passed allowing divorce within this minority, thus respecting their religious and cultural traditions and practices.

"Right now we don't even have civil unions legalized and we are also fighting for it, together with our colleagues in the LGBTIQ+ community," says Alfafara. These issues, according to the activist, "are very controversial" and he believes that when they are approved they will cause a "cultural shock" in the Philippines. "We already had divorce before Spanish colonization, before the Americans or even the Japanese came; even during Spanish colonization it was respected and we had a type of divorce for two reasons: infidelity and abandonment or abuse," he says.