Philippines: World’s last legal ban on divorce doesn’t keep couples together

Updated 11 October 2014
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Philippines: World’s last legal ban on divorce doesn’t keep couples together

MANILA — Just because the Philippines is the last country on Earth to refuse to allow divorce for most of its citizens, that doesn’t mean Filipinos don’t fall out of love with one another.
So what to do? One recourse for those who stray is to separate, move on to the next relationship — and live in sin. The alternative, in a country where the Catholic Church still wields enormous influence, is to follow a torturously convoluted — and for many, prohibitively expensive — path to an annulment.
Most of those who are unhappy or unfaithful don’t even try.
The absence of modern divorce laws looms large in the Philippines, a poor but rapidly transitioning society with a large migrant workforce and many transnational families. The church will stick to its guns on this issue, even as a synod that convened at the Vatican this week plans to take up the question of divorce, among other subjects.
As it stands, though, tens of thousands in the Philippines are stuck in difficult or dysfunctional marriages, torn between the teachings of their faith and a humiliating legal limbo.
An annulment, for those who pursue one, means the marriage never happened. It pits spouse against spouse — as divorce often does — but it also pits both against a church canon lawyer or a state prosecutor whose job it is to defend the sanctity of marriage.
Infidelity, desertion, physical or psychological abuse, irreconcilable differences or just the reality that two people simply can’t stand the sight of each other anymore — the usual reasons for divorce — cannot be considered in a civil annulment proceeding. It also helps to pay the judge a bribe — politely referred to as a “professional services fee” — to speed the process and guarantee a positive outcome.
“It’s a travesty of the justice system,” said Sen. Pia Cayetano, who said she speaks from experience and who has argued that divorce is a basic human right.
The church disagrees.
“Human rights are not absolute if they are against the plan of God,” said Monsignor Edgardo Pangan, a canon lawyer who handles church annulments for the Diocese of San Fernando.
For now, couples wanting out of a marriage can choose between a church annulment or a civil annulment; most opt for the latter. Either way, they must establish that there was some fatal impediment to the marriage from day one: that one or both were too young to get married, were coerced into the marriage, or — most common — were psychologically “incapacitated” at the time of the marriage.
But that presents its own hurdles.
Paolo Yap, 35, a graphic designer in Manila, separated from his then-wife in 2004 and stopped communicating with her entirely two years later. Three years ago, when he and his new partner decided they wanted to marry, Yap needed an annulment.
He hired a lawyer for 300,000 pesos ($6,700), but dismissed her when he realized it was going to cost at least twice that — a considerable sum in the Philippines. Next, he made a deal with a lawyer friend who agreed to take on the case in exchange for Yap’s services as a designer.
A psychologist was hired to certify “mental incapacity.” Yap was found to be “depressive” and “antisocial”; his wife was diagnosed as “narcissistic” and “histrionic.”
The Philippines became the only nation generally to forbid divorce in 2011, when the tiny Mediterranean nation of Malta, in a bitterly contested referendum, voted to allow it. Philippines law does allow divorce for the country’s Muslim minority — about 11 percent of the population.
A bill that would legalize divorce for all is before the legislature, but it does not have the support of President Benigno Aquino III, a bachelor and a practicing Catholic who declared divorce a “no-no” for this island nation.
Aquino took on the church in a politically bruising battle two years ago when he signed a reproductive-health law that provides subsidized contraceptives to poor women, and analysts here say is unlikely to challenge the Catholic hierarchy again anytime soon.
The church fathers in the Philippines take particular pride in the country’s status as the last holdout. “Yes, we are proud. It simply proves we have a Catholic conscience,” said Pangan, the canon lawyer.


Agonizing wait as Switzerland works to identify New Year’s fire victims

Updated 41 min 31 sec ago
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Agonizing wait as Switzerland works to identify New Year’s fire victims

  • Authorities begin moving bodies from burned-out bar in luxury ski resor Crans-Montana
  • At least 40 people were killed in one of Switzerland's worst tragedies

CRANS-MONTANA, Switzerland: Families endured an agonizing wait for news of their loved ones Friday as Swiss investigators rushed to identify victims of a ski resort fire at a New Year’s celebration that killed at least 40 people.
Authorities began moving bodies from the burned-out bar in the luxury ski resort town Crans-Montana late Friday morning, with the first silver-colored hearse rolling into the funeral center in nearby Sion shortly after 11:00 am (1000 GMT), AFP journalists saw.
Around 115 people were also injured in the fire, many of them critical condition.
As the scope of the tragedy — one of Switzerland’s worst — began to sink in, Crans-Montana appeared enveloped in a stunned silence.

Mathias Reynard, president of the Council of State of Valais Canton, with Italy's Foreign Minister Antonio Tajani outside "Le Constellation" bar in Crans-Montana where a fire and explosion on New Year's Eve killed more than 40 people. (Reuters)

“The atmosphere is heavy,” Dejan Bajic, a 56-year-old tourist from Geneva who has been coming to the resort since 1974, told AFP.
“It’s like a small village; everyone knows someone who knows someone who’s been affected,” he said.
It is not yet clear what set off the blaze at Le Constellation, a bar popular with young tourists, at around 1:30 am (0030 GMT) Thursday.
Bystanders described scenes of panic and chaos as people tried to break the windows to escape and others, covered in burns, poured into the street.

‘Screaming in pain’

Edmond Cocquyt, a Belgian tourist, told AFP he had seen “bodies lying here, ... covered with a white sheet,” and “young people, totally burned, who were still alive... Screaming in pain.”
The exact death toll was still being established.
And it could rise, with canton president Mathias Reynard telling the regional newspaper Wallizer Bote that at least 80 of the 115 injured were in critical condition.
Swiss authorities warned it could take days to identify everyone who perished, an agonizing wait for family and friends.
Condolences poured in from around the world, including from Pope Leo XIV, who offered “compassion and solidarity” to victims’ families.
Online, desperate appeals abound to find the missing.
“We’ve tried to reach our friends. We took loads of photos and posted them on Instagram, Facebook, all possible social networks to try to find them,” said Eleonore, 17. “But there’s nothing. No response.”

‘The apocalypse’

The exact number of people who were at the bar when it went up in flames remains unclear.
Le Constellation had a capacity of 300 people, plus another 40 people on its terrace, according to the Crans-Montana website.
Swiss President Guy Parmelin, who took office on Thursday, called the fire “a calamity of unprecedented, terrifying proportions” and announced that flags would be flown at half-mast for five days.
“We thought it was just a small fire — but when we got there, it was war,” Mathys, from the neighboring village of Chermignon-d’en-Bas, told AFP. “That’s the only word I can use to describe it: the apocalypse.”

Authorities have declined to speculate on what caused the tragedy, saying only that it was not an attack.
Several witness accounts, broadcast by various media, pointed to sparklers mounted on champagne bottles and held aloft by restaurant staff as part of a regular “show” for patrons.

‘Dramatic’

Pictures and videos shared on social media also showed sparklers on champagne bottles held into the air, as an orange glow began spreading across the ceiling.
One video showed the flames advancing quickly as revellers initially continued to dance.
One young man playfully attempted to extinguish the flames with a large white cloth, but the scene became panic-stricken as people scrambled and screamed in the dark against a backdrop of smoke and flames.
The canton’s chief prosecutor, Beatrice Pilloud, said investigators would examine whether the bar met safety standards.
Red and white caution tape, flowers and candles adorned the street outside, while police shielded the site with white screens.
Italian Foreign Minister Antonio Tajani, who said 13 Italians had been injured in the fire, and six remained missing, was among those to lay flowers at the site.
The French foreign ministry said nine French citizens figured among the injured, and eight others remained unaccounted for.
After emergency units at local hospitals filled, many of the injured were transported across Switzerland and beyond.
Patients are being treated in Italy, France and Germany, and Polish Prime Minister Donald Tusk said his country was ready to provide “specialized medical care to 14 injured.”
Multiple sources told AFP the bar owners were French nationals: a couple originally from Corsica who, according to a relative, are safe, but have been unreachable since the tragedy.