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"A US Supreme Court case Maynard vs. Hill is often referred to as a basis for the Philippine Supreme Court to side with the validity of marriage every time there is a declaration of a nullity case that reaches it.In&nbsp this case the US Supreme Court said that marriage is more than an ordinary contract but an institution of society regulated and controlled by public authority.  Marriage is something more than a mere contract though founded upon the agreement of the parties. When once formed a relation is created between the parties which they cannot change and the rights and obligations of which depend not upon their agreement but upon the law statutory or common   according to the ruling.In a highly conservative country the legalization of divorce is still a fight fought by many who say choosing to end one&rsquo s marriage is a civil and political right.There have been numerous attempts by the Philippine Congress to legalize divorce calling it  pro-poor   &mdash  that is less costly for unfortunate couples who were fooled to believe that their marriage was a bed of roses.As a general rule divorce is not allowed in the Philippines &mdash &nbsp the only country in the world besides the Vatican that outlaws it&nbsp &mdash  except when the marriage of a Filipino citizen and a foreigner is annulled by a foreign court in a country where it is legal.Supposing a Filipino marries an American and the latter files for divorce in a US court. If the US court grants it the Filipino may file for judicial recognition of a foreign divorce in a Philippine court while praying that the US court&rsquo s judgment is recognized in Philippine jurisdiction.The only way to remarry in the Philippines is to have a marriage declared void by a court. A void marriage means there was no marriage to begin with because it was null or void from the very beginning. This is called a  declaration of nullity of marriage   a legal process that involves costly litigation as all marriages in the Philippines are presumed to be valid.Couples may also be separated by legal separation. Here though marital ties are not severed meaning those concerned cannot remarry.The grounds for a declaration of nullity are the absence of the essential requisites of a marriage such as consent and capacity of parties to marry bigamous and incestuous marriages and the most popular and widely used ground &mdash  psychological incapacity.Psychological incapacity is defined as a spouse&rsquo s inability to comply with his or her marital obligation like giving mutual love respect and fidelity. The inability must exist during the celebration of marriage and must be clinically or medically incurable.The medical aspect entails presenting to the court an expert to prove that the psychological disease is grave enough to render the spouse  incapacitated   in performing marital obligations.Legal separation on the other hand has  less strict   grounds namely repeated physical violence drug addiction lesbianism or homosexuality or sexual infidelity or perversion among others.On Feb. 4 of this year lawmakers accepted a bill that would legalize divorce in the Philippines.&nbsp &nbsp Opponents of the bill which is still pending said divorce would destroy the institution of marriage. The bill&rsquo s proponents however said it would liberate couples from oppressive and abusive relationships.  The proposed divorce law cannot undo centuries of dearly held Filipino customs and traditions honoring and celebrating marriage and the family. Marriage and the family are and will still be at the heart of the Filipino way of life   said lawmaker&nbsp Edcel&nbsp Lagman&nbsp in his sponsorship speech.Lagman&nbsp said divorce was for spouses who are in toxic relationships and willing to consider divorce when they no longer have a functioning marriage.  It is because of failed marriages and the impossibility of reconciliation that the Philippine state has the duty to provide its citizens in such relationships with the possibility of divorce  &nbsp Lagman&nbsp added.Lawmakers Grace Poe and&nbsp Neri&nbsp Colminares on the other hand said divorce was not necessary. What the country needed was an expansion or addition to the grounds for declaration of nullity.Poe and&nbsp Colminares&nbsp wanted to include legal separation grounds like infidelity or perversion and repeated violence as forms of psychological incapacity to declare a marriage void.The Catholic Bishops&rsquo  Conference of the Philippines has appealed to pro-divorce lawmakers to reconsider legalization of divorce saying that what may appear  pro-poor   may undermine the institution of the family.  In a context in which divorce is presented as an easy option marriages and families are bound to break up more easily. More children will grow up disoriented and deprived of the care of both parents   said the bishops in 2018.  Like Catholics in most other countries where divorce is legal we [the bishops] wish to assert that nothing not even a divorce law can make us give up our faith in the indissolubility of marriage as a lifetime covenant between a man and woman who have freely said yes to the call to love and commit themselves to God and to each other through thick and thin.  &nbsp The fight for divorce in&nbsp the Philippines is not just a test of political will. It is also a test of how the Catholic Church exerts influence among lawmakers and the country&rsquo s 100 million population.In a country plagued by extrajudicial killings and corruption one may wonder whether Catholicism is indeed a way of life or simply a religious brand. If Catholicism is just a tag or a name then perhaps the legalization of divorce is a viable option."
<https://international.la-croix.com/news/ethics/divorce-in-the-philippines-has-a-steep-slope/13342>