Proposed Title: Equality Among Equals: Whether or not Muslims Divorce Law is

Unconstitutional.
: Revisiting Equality as a right: Adoption of Divorce law in the
Philippines
Abstract
The statement that Philippines does not recognize divorce is not altogether true. As it
currently applies, divorce in the country can only be exercised by any Filipino Muslim
person whose marriage is solemnized in accordance with Muslim law. For Filipinos
whose marriages are not governed by the Muslim Code but the Philippine Civil Code
and Family Code, divorce is not an option.
The Equal Protection clause is a specific constitutional guarantee of the Equality of the
Persons. The equality it guarantees is legal equality or, as it is usually put, the equality
of all the persons before the law. Under this guarantee, each individual is dealt with as
an equal persons in the law which does not treat the persons differently because of who
he is or what he is or what he possesses.
This research paper will not deal with the discussion of annulment or legal separation in
the Philippines. Rather, this research paper will tackle the issue of divorce, or the lack of
its general application.
The researcher intends to uphold the constitutional guarantee of equal protection
clause, in the context of divorce law being available to all Filipino married persons.
References:
1. Jacob, Jihan. (2013). Reintroduction of Divorce into the Philippine Law. Master of
Laws Toronto.
2. Gerard Joseph Jumamil. (2012).Islamic Conversion as Alternative to Civil
Divorce: Addressing Tensions between Freedom of Religion and the Inviolable
Institution of Marriage, 86 PHIL. L.J. 864, (2012)
3. Hagad, Andres. Comments on the Muslim Code. Philippine Law Journal, 52 (1-
05), p.107-119.
4. Sibulo, Emily.(1979) Islamic laws of Marriage and Divorce as affected by
Philippine Legislation. Emily Sibulo. Philippine Law Journal, 49.
5. Panfilo, Floralie.(2007).Ending Marital Iniquities and Revisiting the Issues on
Divorce: Should it be finally allowed in the Philippines. Ateneo Law Journal 52
(41) pp. 418-462.
6. Ma. Veronica Abutan. (2013). Protecting Womens rights: A move for the
institutionalization of absolute divorced as an alternative mode of dissolving
marriages if non-muslims and for the amendment of the provisions on divorce of
the code of muslim personal laws. The Ateneo de Manila University School of
Law.
7. Veronica Fenix-Villavicencio (2000). Our right to self-determination: Pilipinas
position on the issues if Divorce and abortion. Friedrich Ebert Stifting OUR
RIGHT TO SELF-
8. Bocobo, Elvira. Absurdities in Philippine Law of Persons and Family. Philippine
Law Journal, XVII (7).
9. Deogracias T. Reyes.History of Divorce Legislation in the Philippines since 1900.
Philippine Studies vol. 1, no. 1 (1953): 4258
10. Manuel Alberto R. Colayco. (2001). God, Family, and Country: The Philippine
Debate on the Legalization of Divorce. Ateneo Law Journal, 46(227).