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CHAPTER I Introduction

The Philippines, one of the countries with a living Christian culture, is now experiencing failed relationships between married couples. This is why a bill was proposed to resolve this issue.House Bill 1799, which commonly known as An Act of Legalizing Divorce, was the bill that was crafted to resolve the problem of the increasing number of failed marriages. This bill seeks to amend Title II, Articles 55 to 66 Inclusive and Article 26 of Executive Order No.209, as Amended, Otherwise known as the Family Code of the Philippines and repealing Article 36 of the Same order, and for other purposes. 1Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties unlike annulments, which declares the marriage null and void.2 This is the crucial situation in the world today that the real essence and nature of marriage is now vanishing. That is why an increasing number of failed marriages are still in increasing in number. For this reason, the proponent of the divorce bill here in the Philippines is now pursuing it in Congress for its approval. In this problem of our society about divorce we must first take in to consideration about the true meaning of love, wherein it became the first step for a loving covenant. To catch a glimpse of it, so to speak, love is the element of attraction, wherein to attract someone means more or less, the same as to be regarded as a good. Love is bonded of a common good and of a common aim. Thus, marriage is one of the most important areas

Explanatory note on House bill No.1799 Albert Ellis,Ph.D. and Albert Abarbanel,Ph.D.,TheEncyclopedia of Sexual Behaviour (New York:pub.Hawthorn Books Inc. February 1961)338.(this must be justified)
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where the principle is put into practice. For in marriage, a man and woman are united where they become one flesh and only death can separate it. The purpose of marriage creates in principle, the possibility of love and excluded the possibility of treating a person as means to an end and as an object for use. Apparently, the Church is opposing it for it destroys the loving covenant that God has instituted between man and woman. Covenant, which means as an agreement or a bond that is freely established between two parties.3 In Christian perspectives covenant is a contract written, not in ink, but in blood. 4 However in our times today, this Christian perspective has been changed, wherein people find covenant as a contract written, not in blood, but in ink. Thats why a lot of marriages are now in chaos. A person who enters in marriage must be fully aware of what really marriage is. As Wojtyla explains, marriage is an institutional framework for the union of man and woman which permits the full development of the sexual relationship while ensuring the durability of their union.5 In this sense, it speaks about marriage as a union with the full consent of one another that is bounded by love, man and woman as different individual comes together and forms one flesh. That there is the acceptance of one another no matter what the consequences is. It shows what really covenant is. That the parties are not exchanging things, rather, they themselves. Even Karol Wojtyla strongly opposed in this issue. As Wojtyla speaks, that the inner and essential reason of marriage is not simply eventual transformation into a family, but above all the creation of a lasting personal union between man and woman based on

Anthony Percy,Theology of the Body made Simple, Foreword by Prof. Kenneth Schmitz. Connor Court (Australia: Pub. Pty Ltd, 2005)53. 4 Anthony Percy,Theology of the Body made Simple, Foreword by Prof. Kenneth Schmitz,53. 5 Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,(San Francisco: Ignatius Press, 1985)216.

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love.6We may consider various reason of failing marriage, but the only possibility for them is separation, but not dissolution of marriage itself. We must accept that in their conjugal life a man and woman unite as person and that their union before last as long as they live.7 In this study, this paper intends to offer a critical analysis that will help identify the ethical, moral and social implication of this bill to the society and most of all to the married couples. Considering the fact in the realm of the reality that the family is considered as the basic cells of the society.

Statement of the Problem


Because of the needs of the people to understand theHouse Bill No.1799 an act Introducing Divorce in the Philippines, a critical analysis on this issue has been made. In the study, the researcher aims to answer the main problem:What is the concept of Wojtylas Love and Responsibility in response to the controversial HOUSE BILL NO.1799? To support the main problem, the sub-problems are: What is KarolWojtylas concept of Love and Responsibility? What is HOUSE BILL NO.1799 What are the Implications of divorce to the family and the society?

Significance of the Study


At present situation, divorce is one of the inevitable realities due to not working marital relationship. In Christian context, marriage is a union of two individuals, making them as one.
Karol Wojtyla (Pope John Paul II),Love and Responsibility,Translated by H.T. Willes,(San Francisco: Ignatius Press, 1985) 21 7 Karol Wojtyla (Pope John Paul II),Love and Responsibility,Translated by H.T. Willes,214
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However, the value of marriage is now being disregarded by different challenges in life of each couple. The sense of it is now vanishing due to the problems of each married couples within their relationship. That is why this research was made for each individual to be enlightened by the inevitable realities about divorce, most especially here in the Philippines. This would be significant for the Government for it may lead them to a wise jurisprudence. For the Church, that it may provide a clear understanding of what God has instituted. For the academe, as a guide for a wise and responsible form of thinking and acting toward the others. For the researchers, for it may be a guide for further research. For the family as the direct beneficiaries of the study that marriage plays a vital role in preserving the common good and promoting the welfare of the children and that it is till marriage produces the best outcome for the children, their parents, and the community. Furthermore that marriage is an institution directly willed by God for the good of mankind. The researcher hopes the study will bring enlightenment to the human mind about the value and importance of marriage and the responsibility of each married couple in the light and moral standard of the Church.

Scope and Limitation


The study focuson the Critical Analysis of HOUSE BILL 1799 using Karol Wojtylas concept of Love and Responsibility. The researcher would focus on House bill 1799, which is commonly known as An act of Legalizing Divorce, the bill that was issued to support those increasing number of failed marriage. This bill seeks to amend for the purpose title II, Articles 55 to 66 Inclusive and Article 26 of Executive Order No.209, as Amended, Otherwise known as the Family Code of the Philippines and repealing Article 36 of the Same order, and for other

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purposes, its moral implications and the philosophical thoughts of Karol Wojtyla on Love and Responsibility.

Methodology
In gathering the data of this research, the researcher used the library method by going to other school library, reading books and articles written by Karol Wojtyla that are related to this subject matter and looking in the perspective of the Catholic Church. Some of the data were also gathered from the Internet and in thesis made, which is related to the research that would develop a firm detail based on the philosophical and moral grounds. HISTORICAL BACKGROUND Karol JosefWojtyla (Pope John Paul II) was born on 18 May 1920 in Wadowice, Poland. His father was a foundry worker and an army officer worker and an army officer. His mother was a former teacher. His sibling, his only brother Edmund, is a physician.On1938,Wojtyla finished secondary school and moved to Krakow with his Father to enrol at Jagellonian University. On October 1942, Karol began clandestine study for the priesthood in Krakow. On November 1, 1946, Wojtyla was ordained a priest. He earned his Doctorate of Philosophy at the Angelicum Pontifical University in Rome, and went back to Poland, where he earned his Masters Degree in Theology and a doctorate in Sacred Theology from the Jagellonian University.He worked asa vicar in several parishes and chaplain for university students. He was appointed as an auxiliary Bishop of Krakow by Pope Pius XII in July 4, 1958 and was appointed Archbishop of Krakow on January 13, 1964. On June28, 1975, he was elevated to Cardinal by

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Pope Paul VI. After the death of Pope Paul I, Wojtyla was elected as a new Pope on October 16, 1978 and takes the name Pope John PaulII. He was the first Pole to be elected as a pope and the firston-Italian pontifin 455 years.Wojtyla became the 264th Pope according to the chronological list of popes. At only 58years of age, he was the youngest pope elected. As Pope, the most important role of him was to teach people about Christianity. He has written 14 papal encyclicals. In fact may historians believe that John Paul II changed the course of history. Love and Responsibility was one of the books that were written by the pope. This book came about, because of the constant confrontation of doctrine with life. Such a need to explain the norms of Catholic sexual morality on a fixed basis, pondering its moral truth and values of the person. Thus, in the scheme of reality persons are bound up with the commandment of love which is very fundamental way in the world of person. Sexual morality can only be understood in the context of love and responsibility. Thats why it bears the title of this book Love and Responsibility.Love is the most fundamental concept that was stressed here, wherein in love it emphasized the sexual morality of ones action toward the other. Sexual morality cannot be understood without understanding the wholeness of the persons personality and capacity. It is therefore to be understood that sexual morality is in realm the nature of the person.This was a largely confrontation to mans everyday experience in life, which demands always for what is topical in the present time. Man as dignified person must always be the subject of ones action. It is truly mans capacity to commit himself in responsible love which is the main theme of Love and Responsibility. The person, through its own action toward the other person, becomes the object and subject of responsible love. A love which is mans experience continually can only be considered an authentic love if only it reaches the highest affirmation of the dignity of its object and of the subject himself.

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CHAPTER II

Review of Related literature

Anthony Percy. Theology of the Body Made Simple, foreword by the prof. Kenneth Schmitz.Connor court Pub. Pty Ltd, Australia: 2005.This book, is a biblical theology that refers to the Old Testament which teaches us about the beginning where man and woman are created in Gods image and likeness.Theology of the body is a fresh approach to the human body and to sexual morality.Thisbook concerns more about the human body and human sexuality, human relationship, and marriage and celibacy.The body is composed of the corporeality and spiritual, which is not just a dwelling for the soul. The Pope speaks of the nuptial meaning of the body that is rooted in the creation by an intelligent act of God. He outlined the pragmatic and utilitarian form of ethics by repudiation that had become ever-present in many Catholics. Moreover, the splendour of authentic beauty and truth, the person from the beginning was being restored by the grace of Jesus. Hence, this is so an authentic revolution. In relation to the topic,this book will be used in chapter III in addition to the thought of the topic about what would be the action of man toward the other. Richard m. Hogan and John M. Levoir.Covenant of Love, Pope John Paul II on Sexuality Marriage and Family in the Modern World, Ignatius Press,USA:1992.In relation to the topic this book describes the official position of the Roman Catholic Church concerning the meaning and role of marriage and the family, and outlines challenge towards realizing that ideal. It tackles the responsibility of the family regarding the education of children. It continues with a description of

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the family regarding the larger society, including service to the poor.Thus this book in relation to the topic would provide a profound and concrete understanding of what really marriage is meant to be. It is also a writing of Pope John Paul II that discusses about marriage which is in relation to the said topic. This book would be used in the third chapter of the study. The Family Code of the Phillipines (executive Order No.209, As Amended by Executive OrderNo.227 with Addendum of 1998) (Manila:A.V.B. Printing Press.2008).This is a complete rules and regulations that are implemented by the Government securing the role and importance of both parties engaging in marriage. It also includes the rules and regulations implementing Republic Act No.9262, Otherwise known as the anti-violence against women and their Children Act of 2009. In relation to the study, this would provide a concrete explanation of the duties of each couple entering in marriage. Thus, it also shows here the exact content of the bill. This would be used in the third chapter and in the apendix of the study in showing the whole and exact content of the bill.

Paulines, FamiliarisConsortioApsotolic Exhortation of Pope John Paul II on the role of the Christian Family in the Modern World. Pasay City, Philippines:Paulines

PublishingHouse,2005.This book contains the letter of Pope John Paul II to the family in the modern world.It explains the urgent need of every person of good will should urge save and foster the values and requirements of the family. This book would present the need to understand of what is the situation of the family today in the world. It would also present of what is the plan of God for marriage and the family as the start point of educating the children in knowing and building the church as a community. In relation to the present study, this book would add more in explaining the role of the each married couple in creating a lasting union that is bonded in love. This would also include the pastoral care of the family in difficult situation such as divorce
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which is the problem of the study. The substance of the book can be seen that is being used in the chapter two of the book in explaining the thought of Wojtyla.

DEFINITION OF TERMS These are terms that are used by the philosopher in the explanation of his concepts of his works. Man-a dynamic being8 Marriage- is a state, an institutional framework of the union of man and woman which permits the titer full development of the sexual relationship while ensuring the durability of their union.9 Personalistic Principle- the person is good towards which the only proper and adequate is good.10 Responsibility-awareness of the value of the person11 Sense impression- is our general term for the content of any sensory reaction to objective stimuli.12 Goodwill-selflessness in love13 Betrothed love- the gift of oneself14

Rocco Buttiglione.KarolWojtyla:The Thought of the Man who Become Pope John Paul II,139. Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,(San Francisco: Ignatius Press, 1985)224. 10 Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,41. 11 Karol Wojtyla (Pope John Paul II), Love and Responsibility,130. 12 Karol Wojtyla (Pope John Paul II), Love,101. 13 Rocco Buttiglione.KarolWojtyla,101.
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Divorce (or the dissolution of marriage)-is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the partiesunlike annulment, which declares the marriage null and void.

CHAPTER III Love and Responsibility


A. KarolWojtylas Notion of Person Wojtyla holds that the world is composed of many objects. Objects, whichmeans an entity. It is not the proper meaning since an object, is something related to a subject. A subject is also an entity-anentity, which exists, and acts in a certain way. It is why we live in a world that is composed of many subjects. 15 With this,Wojtyla posited that every subject also exist as an object, an objective something or somebody. 16 As an object, a man is somebody-not just something that sets him apart from the visible world. As a rational animal, we must be distinguished from any other being, since man is a thinking being. It is not enough to define man as an individual of the species Homo. Wojtyla emphasize that: the term person has been coined to signify that a man cannot be wholly contained within the concept individual member of the species, but that there is something more to him, a particular richness and perfection in the manner of his being, which can only be brought out by the use of word person.17

14 15

.Karol Wojtyla (Pope John Paul II),96. Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,21. 16 Karol Wojtyla (Pope John Paul II), Love and Responsibility,21. 17 Karol Wojtyla (Pope John Paul II), Love,22.

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Simply, man is a rational being, which has the ability to reason. For Boethieus a person as simply an individual being of a rational nature (individual substantiarationalisnaturae), which determines the distinctive character of a person18. Man as a subject has an intimate contact with the world because of his interior life. Thus, it is not merely natural, physical, nor sensual but rather through his inner self. He asserts himself through the power of self-determination, which is called free will, that makes him his own master sui juris and his personality is alteriincommunicabilis, that determines him as a unique and unrepeatable entity.19 B. Karol WojtylasMetaphysical Analysis of Love Karol Wojtyla give importance to man. A man who has the capacity to love and bring love into the world. In order to fully understand ofwhat love is, we must see first the origin of this love and how it was manifested to all the created being. The central idea in the new theology of John Paul II is the subjective turn founded on the revelation in Genesis that we are made in Gods image. Endowed with a likeness to God, we have been created to act as he does,i.e., to love, to give ourselves as he does within the Trinity.20 As John Paul wrote in his first encyclical, Man cannot live without love. He remains a being that is incomprehensible for him, his life is senseless.21 Consideringthe word love has more than one meaning. Nevertheless, we are deliberately narrowing down the range of its meaning, since we are only concerned with love between two persons who differ in respect of sex. For love is always a mutual relationship between two
18 19

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,22. Karol Wojtyla (Pope John Paul II), Love and Responsibility,24. 20 Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,(USA: Ignatius Press,:1992) 71. 21 Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,71.

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persons. This relationship in turn is based on particular attitudes to the good, adopted by each of them individually and by both jointly.22 It attempts a general characterization of love between man and woman. Its basic elements has s distinguishing factor, both the substantial elements connected with the attitudes to the good and structural elements connected with the reciprocal relationship between persons, that are found in any love. For instance, there is always in every love attraction and goodwill. Wojtyla points out that the vocation to give ourselves in love is call given to us because we are persons, creatures endowed with minds and wills. In other words, as personal beings we can know the truth and we can choose to give ourselves to another person.23 Love between man and woman is one particular form of love, in which elements common to all of its forms are embodied in a specific way. 24 That in love it becomes a way to relate to persons. This is why in general it is called Metaphysical. Metaphysical analysis will clear the way for Psychological analysis. The love of man and woman takes shapes deep down in the psyche of two persons, and is bound up with the high sexual vitality of human beings, so that what is really needed in psycho-physiological analysis. This love of man and woman is a mutual relationship between two people and possess a personal character. As Wojtyla teaches that, a person is a good toward which the only proper adequate attitude is love.25

B.1) Love as Attraction

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,73. Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,71. 24 Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality,73. 25 Richard M.Hogan and Levoir, John M, Covenant of Love,41.
23

22

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The first element in the general analysis of love is the element of attraction. Love, as has been said, signifies a mutual relationship between two people, a man, and woman, based on a particular attitude to the good. This attitude to the good originates in their liking for and their attraction to each other. To attract someone means more or less the same as to be regarded as a good.26 To be attracted does not mean just thinking about some person as good. It means a commitment which canin the last resort, be affected only by the will. It can be said at once that the emotion are present at the birth of love because they favour the development of a mutual attraction between man and woman. That emotional development of an attraction, in which one person is perceived by another as good.27Attraction goes very closely together with awareness of value. But there must be a direct attraction to the person, in other words, a response to a particular qualities inherent in aperson must go with a simultaneous response to the qualities of the person as such, an awareness that a persons such is a value, and not merely attractive because of certain qualities which he or she possesses.28 Its objective is seen by the subject as a good must be seen also as a thing of beauty. This appreciation of beauty goes with the appreciation of values, as though there was in each of them a supplementary aesthetic value. The attraction on which this love is based must originate not just in a reaction to visible and physical beauty rather also in a full and deep appreciation of the beauty of the person.29

B.2) Love as Desire

26 27

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes, 74. Karol Wojtyla (Pope John Paul II), Love and Responsibility,75. 28 Karol Wojtyla (Pope John Paul II),Love,79. 29 Karol Wojtyla (Pope John Paul II),80.

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Desire is also one of the concepts of love. The word is translated by the Latin phrase amorconcupiscentia,which indicates not so much love. Like attraction, desire is one of the essences of love, and is sometimes the most powerful element so that those medieval thinkers, who spoke of love as desire (amorconcupiscentia) and of love as attraction (amorcomplacentia), were entirely right to do so. The fact, that the human person is a limited being. Realizing the elimination and insufficiency of the human being is the starting point for an understanding of mans relation to God.30 Therefore man needs a woman, to complete his own being, and vice versa. Love as a desire, originates in a need and aims at finding a good, which it lacks. Desire presupposes of someone lack, an unpleasant sensation that can be eliminated by means of particular good. A man may for instance desire a woman in this way: a human person then becomes a means for the satisfaction of desire, just as nutrient serves to satisfy hunger. 31 The implication of the word desire suggests a utilitarian attitude- the object of this which context would be a person of the other sex. Love as desire cannot be reduced to desire itself. It is simply the crystallization of the objective need of one beingdirected towards the other being, which is for it a good, and an object of longing. In the mind of the subject, love-as-desire is not felt as a mere desire. It is felt as a longing for the man, the man for the woman. Therefore, love is apprehended as a longing for the person, and not as more sensual desire, concupiscentia.32 Love as desire implies real need, but to be useful is not the same as being an object for use. We can only say that it is the aspect-love as desire that loves come closest to the region of
30 31

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes ,80. Karol Wojtyla (Pope John Paul II), Love and Responsibility,81. 32 Karol Wojtyla (Pope John Paul II), Love,81.

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utility, but that it nonetheless infuses desire with its own essence. Thus, true love as desire never becomes utilitarian in its attitude, for (even when desire is aroused) it has its roots in the personalistic principle.33

B.3) Love as Goodwill


It emphasized here that love is the fullest realization of the possibilities inherent in man. That the person finds in love the greatest possible fullness of being, of objective existence. Love is an activity, a deedthat develops the existence of the person to its fullest, wherein it must be genuine love. That it is one in which the true essence of love is realized- a love which is directed to a genuine good in the true way, or in the other words the way appropriate to the nature of good.34 As Wojtylasays, it is not enough to long for a personas good for one self; one must also, and above all, long for the person good.
35

In the language of St. Thomas Aquinas,

itsamorbenevolentiaor the concept of the goodwill.For a love of aperson must be benevolent, or it will not be genuine. Goodwill is quite free of self-interest, the traces of which are conspicuous in love, as desire. Goodwill is the same as selflessness in love: not I long for you as a good but I long for your good. I long for that which is good for you. It is therefore love is anunconditional sense than love-desire.36 This aspect has a special degree in marriage, where not only love as desire is most clearly is evidence but desire as much is most conspicuous.

33 34

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,82. Karol Wojtyla (Pope John Paul II), Love and Responsibility,83. 35 Karol Wojtyla (Pope John Paul II), Love,83. 36 Karol Wojtyla (Pope John Paul II),89.

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B.4) From Sympathy to Friendship


Sympathy is first analyzed as an emotional kind of love whereby one feels with another and refers to experience that persons subjectivity. The danger here is that the value of the emotion is what matters rather than the value of the person.However, sympathy has the power to make people feel close to each other, wherein it is an obvious manifestation of love. But the most important element in love is will, and sympathy must be integrated in the person through the will of friendship, based on the objective value of the person, is to take place. Sympathy must be transformed into friendship, and friendship supplemented by sympathy.
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However,

friendship consists in a full commitment of the will to another person with a view to that person good.38 Love is always a subjective thing, in that it must reside in subjects, but at the same time it must be free of subjectivity. It must be something objective within the subject, have an objective as well as a subjective profile.39 Comradeship, even different from sympathy and friendship, play an important role in mutual relationship for it ripens their relationship into marriage and became the cornerstone of the family.

B.5) Love as Betrothed


In the analysis to all forms of love, it is already clear the love between man and woman. Love in the individual develops by way of attraction, desire, and goodwill. In addition, its full realization lies not only in an individual subject, but also in a relationship between subjects, between persons.
37 38

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,91. Karol Wojtyla (Pope John Paul II), Love and Responsibility,92. 39 Karol Wojtyla (Pope John Paul II), Love,93.

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Wojtyla points out the summit of all manifestation of love, is not only an aspiration, but rather coming together, a unification of person which one must enter which is betrothed love. It is giving of one person to another, wherein it is self-giving, and the surrender of ones I.40 To give oneself to another is something more than merely desiring what is good for another. That when entering into this interpersonal relationship something is more than friendship: two people give themselves each other.41 Self-surrender as a form of love is the result of a process within the person, and presupposes a mature vision of values and will ready and able to commit itself in other person. This can be seen in marriage, wherein it is a total communion of the persons established by t he will-acts of the spouses. Once the self-gift of the man and woman is made in marriage vows, is irrevocable.42

C.) Psychological Analysis of Love


In simple way,Wojtylaanalyzes mans psychological love, i.e. Sense impression and the motor responses. Sense impression is our general term for the content of any sensory reaction to objective stimuli. These senses are dependent on the structure of human organism; although the organs are not connected with it. There is the specific property and power of the senses of man, which is closely connected with sense impression, which is called cognition, wherein the senses react into the objects relevant to them with the help of impression. An impression presupposes immediate contact between one of the senses and a given object. These arereflected, mirrored, and the senses seize and retain its image. Wojtyla added that, man receives an
Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,96. Karol Wojtyla (Pope John Paul II), Love and Responsibility,96. 42 Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,82.
41 40

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enormous quantity on sense impression. A sensory image is often connected with a particular feeling or emotion.43 In this sense, Wojtyla distinguishes emotion from sense impression. Emotion is separate and distinct from sense impression. An emotion is also a sensory reaction to some object, but the content of the reaction differs from the content of an impression. In the content of an impression what is reflected is the image of an object, whereas in an emotion we are reacting to a value of object.44 A sense impression is a reaction to content; an emotion is a reaction to a value. Thus, when its object is a material value the emotion is shallower, more superficial. However the object of an emotion is a supra material, or spiritual value, it reaches more deeply into mans psyche. Furthermore, when impression is united with an emotion their common object is as a result more distinctly stamped on a mans consciousness and standout all more clearly. This he said enables a person to experience the other as value.45

C.1)Sensuality
Men and women are bodily, sexual beings; they naturally impress one another as persons and create some impression. Sensuality is something more than an ordinary reaction of the senses to an object, to a person of the other sex. It implies experiencing a particular value bound up with the sensory awareness.46 It is important to recognize that this orientation of sensuality is a matter of a persons spontaneous reflex, and it is not primarily an evil thing but a natural thing. Sensuality expresses

43 44

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes103. Karol Wojtyla (Pope John Paul II), Love and Responsibility,104. 45 Karol Wojtyla (Pope John Paul II), Love,105. 46 Karol Wojtyla (Pope John Paul II),105.

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itself mainly in an appetitive form: a person of the other sex is seen as an object of desire specifically because of the sexual value inherent in the body itself, for it is in the body that the senses discover that which determines sexual differences, sexual otherness.47 However, human person cannot be an object for use. The body is an integral part of the person, and so must not be treated as though it were detached from the whole person; both the value of the body and the sexual value which finds expression in the body depend upon the value of the person.48 Although sensuality is not evil in itself, it poses a threat and temptation. It devalue the person, it is however a sort of raw material for true, conjugal love. However, since it is blind to the person, and oriented only towards the sexual value connected with the body, it is fickle, turning wherever it finds the value, wherever a possible object of enjoyment appears. But it is not morally wrong in itself, rather an exuberant and readily roused sensuality is the stuff which a rich-if difficult personal life may be made.49

C.2) Sentiment and Love


Sentimentality, is another deep felt response to the body-person, differs from sensuality because it is oriented to the sexual value residing in a whole person of the other sex, to feminity or masculinity. It is source of affection. Sensuality, one part of this integral sense impression the body immediately stands out from and is as it were dissociated from rest namely, sexual value, whereas sentiment remains attached to a whole individual of the other sex.50

47 48

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,107. Karol Wojtyla (Pope John Paul II), Love and Responsibility,107. 49 Karol Wojtyla (Pope John Paul II), Love,109. 50 Karol Wojtyla (Pope John Paul II),110.

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Affection seems to be free of the concupiscence of which sensuality is full. But a different kind of desire is present, a desire for nearness, for proximity for exclusivity or intimacy. 51 It leads to tenderness, and unfortunately can easily shift into the territory of sensuality, and this sensuality concealed and disguised as sentiment. It gives rise to sentimental love or what we call romantic love. The problem here is that it give rise to an idealization of the object of love-one idealizes the object of sentimental love because one wants that object to be one who gives the subjective feeling or intimacy. Even it is part of love, it cannot be considered love for in sentiment it does not give purpose to the persons true love, but on those values to which the subject clings as to its ideal. Thus, if love remains just sensuality, just a matter of sex-appeal, it will not be love at all, but only the utilization of one person by another, or of two persons by each other. If love remains mere sentiment, it will equally be unlike love in thecomplete sense of the word. For both persons will remain in spite of everything divided from each other, though it may appear that they are very close just because they so eagerly seek proximity.52

C.3) The Problem of Integrating Love


Love can be seen as a specific situation, an internal situation, existing in a particular subject, a situation between man and woman. Love is closely connected with its internal aspects within each of the person, who are actors in the drama of their own love. In a sense that it is made up of happiness and action in their inner lives. The inner life of man is indeed has the awareness of sense of truth and freedom, wherein truth is a condition of freedom. Mans ability to know the truth gives man the possibility of self51 52

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,112. Karol Wojtyla (Pope John Paul II), Love and Responsibility,113.

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determination, of deciding for himself the character and direction of his own actions, and that what freedom means. Love in its subjective aspects aims not only at integration within the person but at integration between persons. Integration means making whole, the endeavour to achieve wholeness and completeness. The process of integrating love relies on the primary elements of human spirit-freedom and truth.53This is why the experience of freedom goes hand with the experience of truth.

D.) Ethical Analysis of Love


Human existence is made up a whole series of situation each of which is supposed to furnish of itself a norm of reaction. Each concrete situation must be accepted and experienced in its totality, with no concern for anything outside. Wojtyla indeed gives importance to the value of person, his activity toward good, and the possible consequences it entail. Taking all this account, love as experienced should be subordinated to love as a virtue-because love without virtue there can be no fullness in the experience of love.54

D.1) Affirmation of the Value of the Person


The commandment of love is seen as a form of the personalistic norm. Starting from the existence and go on to acknowledge the value of the person, in the world of existence is the world of objects, but we must distinguish a person from an object. Wojtylasays, A person differs from a thing in structure and in degree of perfection.55 Since in man there is the spiritual

53 54

Karol Wojtyla (Pope John Paul II), Love and Responsibility,116. Karol Wojtyla (Pope John Paul II), Love and Responsibility,120. 55 Karol Wojtyla (Pope John Paul II), Love, 121.

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life that acknowledges by us the spiritual nature of human soul, and the perfectibility of human person that determines the value of the person. The value of the person finds expression in love between man and woman, which is based on an impression accompanied by an emotion and always having of the person and not with his or her sex: sex is only an attribute of the being. When we experience the sexual value of the person, love demands integration, means the incorporation of that value in the value of the person. Love in its ethical characteristic: is an affirmation of the person or else it is not love at all.56 Love is a virtue, not just an emotion, and still less a mere excitement of the senses. This virtue is produced by the will and has its disposal the resources of the wills potential spiritual. In other words, it is an authentic commitment of the will of one person, resulting from the truth about another person. 57 Thats why love is love when its only directs itself to the person.

D.2) Membership of One Another


In metaphysical analysis of love, betrothed love says that its true nature is most fully revealed in the gift of self by the person who loves to the beloved person. The value of the person, as we have said, is inseparable from the essential being of that person. For in love, it forcibly detaches the person from this natural inviolability and alienability, for it enriches and enlarges the existence of the person. Wojtyla called this as a law of ekstasis, which is going outside oneself and find its fullness in another.58

56 57

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,123. Karol Wojtyla (Pope John Paul II), Love and Responsibility,123. 58 Karol Wojtyla (Pope John Paul II), Love, 126.

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The will is always involved in self-giving for the fullness of its value. For it is will makes the person its own master (sui juris), an inalienable and untransferable someone (alteriincommunicabilis). In love it is betrothed love, a gift of oneself; it means disposing oneself or giving one soul. Love makes unification through reciprocal gift of self. For love in its very nature reciprocal, he knows how to receive knows also how to give.59 Realization of the value of the gift awakens the need to show gratitude and the reciprocate in ways which would match its value.

D.3) Choice and Responsibility


The value point of the book can be seen here. Love always exists with responsibility. Responsibility for love is responsibility for the person, and returns to it. Moreover, this can be understood by one who has complete awareness of the value of the person. Wojtylasays, The greater the feeling of responsibility for the person the more true love there is. Each faces the choice of the person on whom to bestow the gift of self. To choose a person is to opt for betrothed love, for the reciprocal gift of self. The object of choice is another person, but it is as though one were choosing another I, choosing oneself in another, and the other self. In choosing a person, the value of the person must itself be the primary reason for choice. The personas such must be the real object of choice, not values associated with the person, irrelevant to his or her intrinsic value. The object of choice, for the chooser, is attainable when the value as such is that to which all others are secondary. In this sense, choosing a person must be personal, not merely sexual. For life will determine the value of the choice and the value and
59

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,129.

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true meaning of love. Thus, one who truly love does not then withdraw his love, but loves all more, loves in full consciousness of the others shortcomings and faults, and without in the least approving them.60

D.4) The Commitment of Freedom and Education of love


Love consists of a commitment, whichlimits ones freedom. It is an act of giving of the self, and to give oneself means just that: to limit ones freedom on behalf of another. Wojtylasays, Freedom exists for the sake of love.61 Love commits freedom and imbues it with that to which the will is naturally attracted-goodness. For man longs for love more than for freedom and this freedom is the means and love the end. This will loves only when a human being consciously commits his or her freedom in respect of another human being seen as a person, a person whose value is fully recognized and affirmed. This is how love is seen as the highest form of value. A value, which we desire for other people goodness and happiness, hence not merely simple happiness but the absolute happiness who is God. In what way we can attain it? It is through Education of Love. Wojtyla points out: That love should be governed by a norm or principle from which the full value of every psychological situation must be deduced; only then will it express a commitment of the person. For love is never something readymade, something merely given to man and woman, it is always at the same time a task which they are set. Love should be seen as something which in a sense never is but is always only becoming; and what it becomes depends upon the contribution of both persons and the depth of their commitment. 62 For education of love

60 61

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,135. Karol Wojtyla (Pope John Paul II), Love and Responsibility,135. 62 Karol Wojtyla (Pope John Paul II),Love,139.

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involves a variety of actions, which are for the most part interior though they find exterior expression, actions which are in any case profoundly personal. The purpose of this action is what we called here the integration of love within the person and between persons.

E.) Wojtylas Concept of Marriage


Monogamy and the indissolubility of marriage Monogamy and indissolubility of marriage leads to recognition of the personalistic norm. For Wojtyla marriage is an institutional framework for the union of man and woman which permits the titer full development of the sexual relationship while ensuring the durability of the union.63 It attempts to solve the problem of marriage other than by monogamy which implies indissolubility are incompatible with the personalistic norm and fall short of its strict demands in that they put one person in the position of an object to be enjoyed by another. Conjugal communion is characterized not only by its unity but also by its indissolubility. As a mutual gift of two persons, this intimate union, as well as the good of children, impose total ifidelity on the spouses and argues for an unbreakable oneness between them64 Wojtyla teaches that marriage is not only a spiritual but also a physical and terrestrial union of persons a union that is founded on their marriage vows. These vows are choices or will acts grounded in the dignity of the beloved by which an irrevocable union- a communion of persons is established. 65 It is men physically and terrestrial existence, so that it is naturally

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,211. Paulines, FamiliarisConsortioApsotolic Exhortation of Pope John Paul II on the role of the Christian Family in the Modern World(Pasay Ciy, Philippines:Paulines Publishing House Daughters of St. Paul ,2005).38.
64

63

Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,77

65

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dissolved by the death of one of the spouse, wherein other is free to marry another person. But Wojtyla strictly urges for the spouse even if marriage is justifiable at the death of the spouse, it is more praiseworthy to remain widow or widower since it emphasizes more fully the reality of the union with person now deceased. Good feelings might cease, but marriage must be founded on a firmer basis than transient emotions, Wojtyla added one or both spouses may cease to feel that there is any subjective justification for this union, and gradually fall into state of mind which is psychologically or both psychologically and physiologicallyincompatible with it. Such a condition warrants separation from bed and table, but cannot annul the fact that they are objectively united and united in wedlock.66 In history of monogamy and indissolubility of marriage was clearly forgoing in time of Christ which is instituted by the Creator was originally strictly monogamous and indissoluble. In which it dwelt in the mind and will of the Creator distorted by the chosen people as well as by the others. Marriage as a communion of persons reflects Gods love within the Trinity and His love for us, because it is constituted by the irrevocable will-acts of the married partners establishing a mutual-surrender, mirror the unbreakable fidelity of God to Himself (within the Trinity) and those whom He love (us).We cannot admit that there are serious reasons why husband and wife cannot go on living together there is only one possibility-separation, but without dissolution of marriage itself because marriage is a gift of self or surrendering themselves to each other. Once given, the gift may never be withdrawn. Once received, the gift of the other may never be rejected.67

Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,82. 67 Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality,80.

66

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In conclusion, marriage itself is a total communion of persons established by the will-acts of the spouses. Once the self-gift of the man and woman is made in the marriage vows, it is irrevocable. Even if both cease to feel any stirrings of sensuality or sentiment in the presence of the other, they are still united as husband and wife. They chose one another forever in love and in the eyes of God.

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Chapter IV F.)Legacy and Challenge:H.B 1799


The Philippines is considered to be a country that is family oriented. In the scheme of living, we are bounded by the family ties that are brought by the members of the family. Family as the basic cell of the society, are always to be considered as the firm foundation of the living society. Without the bonds of the family that forms and strengthen the society, society itself may feel the breakage between the families that would highly weakens the economic growth of the society. In our world, Philippines are the only country without a divorce law. Just recently, the Government of Malta passed their divorce law, which will take effect in October this year. In our Filipino culture, marriage is regarded as a sacred union, and the family founded on marriage is considered as a fount of love, protection and care. Cultural prescriptions and religious norms keep many couples together the breakdown of marriage.As of now, there are three provisions available in the Philippines:annulment, declaration of nullity, and legal separation. The first two are the same in concept but differ in situation. Annulment applies to a marriage that is considered valid,but there are grounds to nullify it. Declaration of nullity of marriage applies to marriages that are void or invalid from the very beginning. When granted ,both parties are allowed to remarry. Legal separation is filed when physical abuse, drug addiction, sexual infidelity or perversion, to name a few in marriage. For the protection of the aggrieved, separation by law is allowed but remarriage is not permitted because spouses are still considered married to each other.

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Last July 27, 2010, Rep. LuzvimindaC.Ilagan and EmerencianaA. De Jesus, a part of the group of Gabriela WomensParty list have passed a bill in the congress for its approval. This bill supports those failed and unhappy marriages that those couples are experiencing. Because of its inevitable situation many couples suffer huge problems within their relationship which results to marital break-ups. This fierce reality is now facing the Philippines today. Thus, the Gabriela Womens PartylistRep.Ilagan and De Jesus propose a bill namely House Bill No. 1799: An Act Introducing Divorce in the Philippines. Amending for the purpose Title II, Articles 55 to 66 Inclusive and Article 26 of executive Order No. 209, as Amended, otherwise known as the Family Code of the Philippines and Repealing Article 36 of the Same Order, and for other purposes.68 Thus, this bill seeks to introduce divorce as another option for the couples in failed and irreparable marriages and it will be used responsibly by Filipino couples.69This was crafted in consultation with women lawyers and inspired by the different studies that are gathered by the said party nationwide. These arethe exact and accurate terms and propositions that the HB 1799proposes. Please refer to appendix A, wherein it is in accordance with the Art.55. But the major concern of the bill is the following grounds: 1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner. 2. Physical violence or moral pressure to compel the petitioner to change religion or political affiliation.
68 69

Gabriela Womens Party List. Explanatory Note On HB 1799 Gabriela Womens Party List. Explanatory Note

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3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement. 4. Final judgment sentencing the respondent, to imprisonment, or more than six years, even if pardoned. 5. Drug addiction or habitual alcoholism of the respondent. 6. Lesbianism or homosexuality of the respondent. 7. Contracting by the respondent of a subsequent bigamous marriage, whether In the Philippines or abroad. 8. Sexual infidelity or perversion. 9. Attempt by the respondent against the life of the petitioner; or 10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

G.)Implication of Divorce in the Family and Society


Not only do parents divorce each other, but they in effect divorce or partially divorce their children. The primary effect of divorce is the worsening of the relationship between the child and at least one parent. Divorce presents most parents with two sets ofproblems:For their children:1) their personal adjustment to the divorce and their adjustment to the new and different role of divorce parent. 2) Children of divorce frequently change from rigid to permissive behaviour and from emotionally distant to emotionally dependent. In this sense, we may not be surprised of prevalent problems of crime, abuse and neglect, and addictions. This harm does not end at the children and the spouses surviving divorce. In fact, it is only the beginning count in the

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heavy social cost, for whether we realize it or not, divorce affects the entire community. 703) The children of divorce whose parents have divorced are increasingly the victims of abuse and neglect. It generally reduces the income of the childs primary household and seriously diminishes the potential of every member of the household to accumulate wealth.4) Furthermore the Children of divorce parents more frequently demonstrate a diminished learning capacity, performing more poorly than their peers from intact two-parent families. Divorce, even if it is akind decision, tears apart a family-as the fundamental unit of society.5) economically, divorce has negative consequences for the families. The breakup of families leaves one parent trying to do the work of two people-and one person cannot support a family as well as two can.6) Divorce generally reduces household income and a higher risk of poverty, such that divorce was found to have a greater effect on the household income of the parent.7) Moreover, divorce causes both parents to lose the economies of scale that are implicit in the large pre-divorce household. For the Society: Family is highly regarded as the vital cell of the society, wherein they become the firm foundation of the society in building a healthy community. As the Catechism states, family is the original cell of social life. It is the natural society in which husband and wife are called to give themselves in love and in the gift of life to one another. The family, as the community in which, from childhood, one can learn moral values, begin to honor God and make good use of freedom. Family life is an initiation into life in society.71 Government leaders must also realize the importance of the family and protects its rights, since it is at the

Oscar V.Cruz D.D, art T. Ng and Jo Imbong,The Children of Divorce: Costly Consequences,Impact,vol.41,n.8 (August 2007) Most Rev. Kevin W. Vann.What God has Joined Together: A Catholic Teaching on Marriage,(USA: Basilica Press,:2008) 46.
71

70

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very foundation of all civilization and culture. 8) When family is weak, the society itself may suffer but when the family is in harmony and healthy the society will be benefited.

H.) Critical Analysis: H.B. 1799


House bill no. 1799 (Divorce Bill) or an Act Introducing Divorce in the Philippines amending for the Purpose Title II, Article 55 to 66 Inclusive and Article 26 of Executive Order No. 209, Amended, Otherwise known as the Family code of the Philippines and Repealing article 36 of the Same Order and for Other purposes, has been passed in the Congress by the Gabriela Women Party list waiting for its urgently approval. The bill has been interpreted in different perspectives, opinions, and a debate has been raised by the different party most especially by the Catholic Church. The Gabriela Women Party list especially Rep. Luzviminda C. Ilagan and Emerenciana A. De Jesus the proponents of the bill urges the Filipino people in as much the couples who are undergoing a hard time to reconcile their chaotic relationship to participate and be one to join in this enactment that divorce may be another options for the couples in failed and irreparable marriages.72 They said, what we need is a divorce law that defines clearly and equivocally the ground and terms for terminating a marriage. That law will put an end to the creative efforts played daily in courtrooms across the country to accommodate a wide range of cases in order to prove psychological incapacity. 73 Thus, the bill seeks to introduce divorce in the Philippines law with a strong sense of confidence that it will be used properly and responsibly by Filipino couples. However, the Church strongly disagrees with the bill. For divorce is defined by the church as a greave offense against the natural law. It claims to break the contract, to which the
72 73

Gabriela Womens Partylist. Explanatory Note on HB 1799 Gabriela Womens Party List. Explanatory Note

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spouses freely consented, to live with each other until death. Moreover, the Catechism states that divorce is immoral because it introduces disorder into the family and into the society. This disorder brings grave sin to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect, which makes it truly a plague on society. 74 Furthermore divorce happens in mutual lack of understanding and the inability to enter into interpersonal relationships. If divorce law will be approve in the Philippines, it may bring a huge challenge for the family a the basic cell of the society.75 It is the natural society in which husband and wife are called themselves in love and in the gift of life. Authority, stability, and in a life of relationships within the family constitute the foundations for freedom, security, and fraternity within the society. If family will be breakdown by the divorce, society in itself will experience this breakage that the family is experiencing. Furthermore, it is not just the couples will be affected greatly in their conjugal relationship but also their children that they have been raised by their self that is being traumatized by their experiences in the separation of their parents. Divorce law contradicts the very essence of the sacrament that the couple has been promised in eyes of God in their marriage. As John Paul II says, that marriage is not simply eventual transformation into a family, but above all the creation of a lasting personal union between man and woman based on love.76 Divorce in itself promotes hedonistic mentality or in other word selfishness, wherein the offended spouse is treated as a mere object. Wojtyla strongly affirms human person is not an object of selfish love but a person who is capable to love and be responsible to his act. Another, here in the Philippines constitution categorically states,
74 75

Cathechism of the Catholic Church,(Manila:A.V.B. Printing press,[2008])535. Most Rev.KevinW.Vann,A Catholic Teaching on Marriage,(America: Basilica Press,2008)47. 76 Karol Wojtyla (Pope John Paul II),Love and Responsibility,Translated by H.T. Willes, 211.

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Marriage is an inviolable institution. That marriage is an institution directly willed by God for the good of mankind. 77 For marriage starts in love between two persons that is bonded in common good and for the common aim that puts them on a footing of equality and precludes to the good for the sake of the other or to other for the sake of the good. Seeing the bill with its aim has common ring: that for troubled or problematic marriages, the answer is breaking the marriage bond and give separated couples another chance to live. Considering this fact is sound-mere sound, but this is illogical, because it assumes that divorce will guide them in their future choice. In different studies that have been done in other countries where divorce is legalized, its immoral implications are not removed, wherein the children of divorced mostly suffers its consequences. It seeks to introduce divorce in the Philippines law with a strong sense of confidence that it will be used responsibly by Filipino couples. This confidence stems from the experience of Filipino couples whose marriage has failed. Against this line, it contradicts their explanatory note that underpinning of this proposal is their commitment to the policy of the State to protect and strengthen marriage and the family as basic social institution, to value the dignity of every human person, to guarantee full respect for human rights and to ensure the fundamental quality before the law of women and men. As Wojtyla stresses, the possibly way for husband and wife cannot go on living together is separation, but without the dissolution of marriage itself. Moreover, we must accept that in their conjugal life a man and woman unite as one person and their union therefore lasts as long as they live.

Oscar Cruz V.D.D, Art T. Ng and Jo Imbong. The Children of Divorce:Costly Consequences, Impact.vol.41, No.8 (August 2007)6.

77

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Looking behind all the arguments that has been said in the proposed bill by the Gabriela party list it sounds tolerable, however if we look on it, its a bias for woman. For a reason, that this bill emphasizes more on the rights and safety of very woman in failed marriage. On the other hand, in failed marriage we must consider that not all who suffers problems and difficulties inside the marriage are just woman but also the husband itself. There are also wives who are not being faithful on their conjugal relationship, which results to a problematic consequence for the family.If divorce were to be legalized, the advocates of the decree reason out, that the wronged wifecan take advantage of a legal remedy. She could live of her own, freed of the stigma that is attached to an outrage wife, liberated from the shackles of a marriage where she found nothing but degradation and unhappiness.78 Someone who has divorced a spouse and remarried has treated the first spouse as a thing. When the offended spouse ceased to please, that spouse was rejected. As Wojtylasays, one may treat cars, boats, and even animals as object to be used, but never be a human person be so humiliated (personalistic norm). It may shows, first, the offended spouse, believing in gift of the other party, fell victim to a broken covenant (which is, in itself, devastating) and, as a result, unwittingly became an object of use, a thing. Secondly, and even more humiliating, the offended spouse is now rejected even as a thing to be used! He continually stresses that marriage should be affirmation of the value of the person.79 He also teaches that a person is a good toward which the only proper adequate attitude is love. 80 In line with thisWojtyla strongly rejected the utilitarian mentality or putting emphasis on the usefulness of any and every human activity. For whatever is pleasurable it is happiness. Wojtylasays that marriage is an institution
Cardinal Jaimesin,J,Divorce is not the answer,185. Richard M.Hogan and Levoir, John M, Covenant of Love, Pope John Paul II on Sexuality, Marriage and Family in the Modern world,82. 80 Richard M.Hogan and Levoir, John M, Covenant of Love ,74.
79 78

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which exist for the sake of love, as an institution is essential to justify the existence of conjugal relations between a man and a woman-in their own eyes above all, but also in the eyes of the society.81 The proponent have said that the sanctity of marriage is not based on the number of marriage existing but on the quality of marital relationship. When a marriage is no longer viable, divorce should be an option. It is indeed somehow acceptable, on the contrary, the Catholic Church says that marital relationship or marital love is a mutual and complete gift of self, which intensifies and augments the dignity of the beloved. We must think definitely that marriage is ordered toward a total personhood of each spouse. The unitize aspect of marriage requires that the love of spouse be freely chosen, total, exclusive, and permanent, lasting as long as both parties are in this world. The divorce law is accompanied by so many questions.Examples: how many divorces may once have? How many families could someone break? How many children would fathers and mothers is allowed to alienate from their loving and intimate care? How many alimony suits would an ex-husband and or ex-wife is permitted to file, before the courts? What mentality will a divorce law inculcate in the minds of young people? The time might come when the law should simply forbid marriage. This way, with no marriage, there could be no marriage to break, to void or annul before the civil courts. And divorce would become together irrelevant. There would be no question on legitimacy of children or otherwise, no issue on the supports whom, who pays what. With marriage forbidden, there would be neither concubinage nor adultery.

81

Karol Wojtyla (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes,222.

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The divorce bill is for the person and not for the state. A bill must promote a union of love by person to person. We should learn from the sad incident of the other countries that are already reaping the harm done by the attacks against marriage and the family. Those of on the Philippines who value marriage as a public good cannot be complacent just because of the constitutional provision that marriage is an inviolable institution, but also a sacrament that is willed by God Himself for us, especially for the couples to be united with Him. There are already attempts of the few legislators to legalize divorce. There are also some proponents of gay marriage. By this, we should be vigilant to protect the institution marriage from unwise or mistaken jurisprudence. Instead of changing the rules, why not institutes means such that broken marriages may be repaired and those still intact may be strengthened. Life isnt perfect, and what it spells the difference between a happy life and an unhappy one is how one deals with its imperfection, and that is what we call love.

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Chapter V

(What about the Summary?) Conclusion and Recommendations Conclusion


The bill itself speaks about that for a troubled or problematic marriages, the answer is break the marriage bond and give the separated couples another chance of happiness.The argument is good, however in connection to Wojtlyas philosophy and hand on hand with the doctrines of the church, the bill or divorce in itself contradicts the very essence of marriage which is its indissolubility. Family as the vital cell of the society, is indeed regarded as one of the strong foundation that builds a healthy society. When families are not healthy, society itself suffer. But when the family is healthy, the society itself is benefited. The indissolubility of marriage comes from natural law that demands that no one may use another person for his own personal advantage. As Wojtyla posited, the purpose of marriage create in principle the possibility of love and exclude the possibility of treating a person as means to an end and as an object for use. For love, as we have said, is conditioned by the common attitude of people towards the same good, which they choose as their aim and to which they subordinate themselves and we can see it in the practice of marriage. Human existence finds its fullness through love, wherein it is toward goodness not of self, but rather a love directed to a genuine good of others. As Wojtyla posited that the one who truly love does not withdraw his love, but loves even more, love in full consciousness of the others shortcomings and faults, and without in the last approving them. Loves always exist with

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responsibility for the person the more true love there is. That love must be always betrothed love, a reciprocal gift of self. The family code recognizes marriage as permanent contract. This means that the validity of the contract once rendered effective by the law, remains in force until the death of the spouses. We must always remember that marriage in itself was instituted by Christ, which derives from its holiness, and not by the people. It is from the honest surrender of mans will to the natural law of his being. Therefore, marriage is not simply a civil contract binding man and woman to accomplish task. It is the sanctified union of the souls of the spouses, which makes them as one flesh.

Recommendation
Karol Wojtyla wrote different books and articles that speak about the truth and realities in the world, which would enhance our human nature and our faith in God. The researcher would recommend the following topics for further studies, which are related to this research: 1)Wojtylas concept of Love and Responsibility as foundation of Ethics 2) Wojtylas notion of Person as Subject and Object of Action 3) Wojtylas notion of acting Person towards a Loving Person

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Bibliography Primary sources


Wojtyla, Karol (Pope John Paul II), Love and Responsibility, Translated by H.T. Willes. San Francisco: Ignatius press,1985

Secondary Sources Percy, Anthony, Theology of the Body made Simple.Foreword by Prof. Kenneth Schmitz. Connor Court .Australia:Pty Ltd.2005 Hogan, Richard M. and Levoir, John M.Covenant of Love, John Paul II on the Role of the Christian family in the Modern World.USA: Ignatius Press,1992 Paulines, FamiliarisConsortioApsotolic Exhortation of Pope John Paul II on the role of the Christian Family in the Modern World. Pasay City, Philippines:Paulines Publishing House,2005 The Family Code of the Philippines (Executive Order No.209, as amended by Executive Order 227). Manila: A.V.B. Printing Press. 2008

Mackin,Theodore,S.J. Divorce and Remarriage,NewYork,Ramsey:Paulist Press, 1984 Cathechism of the Catholic Church,Manila:ECCCE Word and Life Publications, 1994 Preister,Steven and Young,James. Catholic Remarriage Pastoral Issues And Preparation Models.New York, Mahwah:Paulist Press, 1986 Vann, Kevin W. What God has Joined Togetehr: A Catholic Teaching on Marriage.America: BasilicaPress.2008 Kelly,KevinT.Divorce and Second Remmariage.KansasCity:Sheed and Ward Press,1997

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Ellis, Albert Ph.D. and Abarbanel,AlbertPh.D.TheEncyclopedia of Sexual Behaviour .New York:pub.Hawthorn Books Inc. February 1961

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Gomez, Fausto B. o.p, Bioethics, The Christian Family and Human Life, Unitas, vol.76,no.3 (Sept.2003),p.346-351 Cruz, Oscar V,D.D,Ng,Art,T and Imbong, Jo,The Children of Divorce: Costly Consequences,Impact,vol.41,no.8 (August 2007)

Internet
http://en.wikipidea.org/wiki/Christian views of Divorce http://en.wikipidea.org/wiki/Religion and Divorce http://www.gmanetwork.com/news/story/222970/news/specialreports/full-text-bill-filed-incongress-that-would-legalize-divorce http:/www.scribd.com?doc/56646569/House-Bill-1799-An Act-Introducing-Divorce-inthe-Philippines

Appendix A
House Bill No. 1799 Divorce Bill Of the Philippines Explanatory Note
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Republic of the Philippines HOUSE OF REPRESENTATIVE Quezon City FIFTEENTH CONGRESS First Regular Session House Bill No. 1799 Date Filed: July 27, 2010 Introduced by GABRIELA Womens Party Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS EXPLANATORY NOTE Underpinning this proposal is a commitment to the policy of the State to protect and strengthen marriage and the family as basic social institutions, to value the dignity of every human person, to guarantee full respect for human rights, and to ensure the fundamental equality before the law of women and men. In the Filipino culture, marriage is regarded as a sacred union, and the family founded on marriage is considered as a fount of love, protection and care. Philippine society generally frowns upon and discourages marital break-ups and so provides cultural and legal safeguards to preserve marital relations. Cultural prescriptions and religious norms keep many couples together despite the breakdown of the marriage. But the cultural prescriptions for women and men differ. Women are traditionally regarded as primarily responsible for making the marriage work and are expected to sacrifice everything to preserve the marriage and the solidarity of the family. While absolute fidelity is demanded of wives, men are granted sexual license to have affairs outside marriage. Yet when the marriage fails, the woman is blamed for its failure. Reality tells us that there are many failed, unhappy marriages across all Filipino classes. Many couples especially from the marginalized sectors, who have no access to the courts, simply end up separating without the benefit of legal processes. The sheer number of petitions that have been filed since 1988 for the declaration of the nullity of the marriage under Article 36 of the Family Code (commonly known as annulment) shows that there are just too many couples who are desperate to get out of failed marriages. Even when couples start out well in their marriage, political, economic and social realities take their toll on their relationship. Some are not prepared to handle the intricacies of the married life. For a large number of women, the inequalities and violence in marriage negate its ideals as the embodiment of love, care and safety and erode the bases upon which a marriage is founded. The marital relations facilitate the commission of violence and perpetuate their oppression. Official figures in 2009 showed that nineteen women were victims of marital violence everyday. Among the different forms of violence and abuse against women committed

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in 2009, wife battery ranked highest at 6,783 or 72% according to the Philippine National Police (PNP). The Department of Social Welfare and Development (DSWD) likewise recorded marital violence as highest among different forms of violence against women at 1,933. Previous reports of the PNP about three of ten perpetrators of violence against women were husbands of the victims. Husbands accounted for 28 per cent of the violence against women crimes. Given these realities, couples must have the option to avail of remedies that will pave the way for the attainment of their full human development and self-fulfillment and the protection of their human rights. Existing laws are not enough to guarantee and protect these rights. To quote the Womens Legal Bureau, Inc., a legal resource NGO for women: The present laws relating to separation of couples and termination of marriage are inadequate to respond to the myriad causes of failed marriages. Particularly, the remedies of declaration of nullity and annulment do not cover the problems that occur during the existence of marriage. Legal separation, on the other hand, while covering problems during marriage, does not put an end to marriage. Though both divorce and a declaration of nullity of a marriage allow the spouses to remarry, the two remedies differ in concept and basis. A declaration of nullity presupposes that the marriage is void from the beginning and the court declares its non-existence Beyond [the] grounds specified [in the law], declaration of nullity is not possible. In annulment, the marriage of the parties is declared defective from the beginning, albeit it is considered valid until annulled. The defect can be used to nullify the marriage within a specified period but the same may be ignored and the marriage becomes perfectly valid after the lapse of that period, or the defect may be cured through some act. The defect relates to the time of the celebration of the marriage and has nothing to do with circumstances occurring after the marriage is celebrated. In annulment, the marriage is legally cancelled, and the man and woman are restored to their single status. Since August 3, 1988, couples have been given a way out of failed marriages through Article 36 of the Family Code The remedy provided under Article 36 is declaration of nullity of the marriage. The article voids a marriage where one party is psychologically incapacitated to comply with the essentials of marital obligations. Consistent with the concept of void marriages (where the remedy is declaration of nullity), the law requires that the incapacity must have existed at the time of the celebration of the marriage In practice, Article 36 has become a form of divorce, as valid marriages are declared void every day in the guise of psychological incapacity. The innumerable Article 36 cases brought to trial courts is an indication of the elasticity of Article 36 to accommodate the needs of many couples desiring to terminate their marriages. It is proof that divorce is needed in the Philippines. Article 36 provides a remedy only for spouses who can prove psychological incapacity. The concept certainly cannot accommodate all cases where divorce would be necessary. What we need is a divorce law that defines clearly and unequivocally the grounds and terms for terminating a marriage. That law

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will put an end to the creative efforts played daily in courtrooms across the country to accommodate a wide range of cases in order to prove psychological incapacity. (Womens Legal Bureau, Inc., The Relevance of Divorce in the Philippines, 1998)

Thus, this bill seeks to introduce divorce as another option for couples in failed and irreparable marriages. This bill was crafted in consultation with women lawyers and inspired by the studies and inputs of various womens groups and the experiences of spouses gathered by GABRIELA from its various chapters nationwide. The bill seeks to introduce divorce in Philippine law with a strong sense of confidence that it will be used responsibly by Filipino couples. This confidence stems from the experiences of Filipino families that show that separation is usually the last resort of many Filipino couples whose marriage has failed. Cases of battered women also support this. Battered women invariably seek separation only after many years of trying to make the marriage work; separation only becomes imperative for them when they realize that it is necessary for their and their childrens survival. Divorce could actually provide protection to battered women and their children from further violence and abuse. With the predominance of the Catholic faith in the Philippines, the fear that divorce will erode personal values on marriage appears unfounded. The experience of Italy, where the Vatican is located, and Spain, two predominantly Catholic countries which practice divorce, supports this. Those countries have a low rate of divorce. Italy registers a 7% rate while Spain registers 15%. The figures reflect the strong influence of religious beliefs and culture on individuals in deciding to terminate marital relations. Historically, divorce had been part of our legal system. In the beginning of the 16th century, before the Spanish colonial rule, absolute divorce was widely practiced among ancestral tribes such as the Tagbanwas of Palawan, the Gadangs of Nueva Vizcaya, the Sagadans and Igorots of the Cordilleras, and the Manobos, Blaans and Moslems of the Visayas and Mindanao islands. Divorce was also available during the American period, starting from 1917 (under Act No. 2710 enacted by the Philippine Legislature), and during the Japanese occupation (under Executive Order No. 141) and after, until 1950. It was only on August 30, 1950, when the New Civil Code took effect, that divorce was disallowed under Philippine law. Only legal separation was available. The same rule was adopted by the Family Code of 1988, which replaced the provisions of the New Civil Code on marriage and the family, although the Family Code introduced the concept of psychological incapacity as a basis for declaring the marriage void. In recognition of the history of divorce in the Philippines, the framers of the 1987 Philippine Constitution left the wisdom of legalizing divorce to the Congress. Thus, the 1987 Constitution does not prohibit the legalization of divorce.

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This bill is respectful of and sensitive to differing religious beliefs in the Philippines. It recognizes that the plurality of religious beliefs and cultural sensibilities in the Philippines demand that different remedies for failed marriages should be made available. For this reason, the bill retains the existing remedies of legal separation, declaration of nullity of the marriage and annulment and only adds divorce as one more remedy. Couples may choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs and emotional state. While divorce under this proposed measure severs the bonds of marriage, divorce as a remedy need not be for the purpose of re-marriage; it may be resorted to by individuals to achieve peace of mind and facilitate their pursuit of full human development. This bill also seeks to make Philippine law consistent in the way it treats religious beliefs with respect to termination of marriage. Philippine law through the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083 [1977]) allows divorce among Filipino Muslims, in deference to the Islamic faith which recognizes divorce. Non-Muslim Filipinos should have the same option under Philippine law, in accordance with their religious beliefs. The bill proposes five grounds for divorce. All the five grounds are premised on the irreparable breakdown of the marriage and the total nonperformance of marital obligations. Thus, the bill provides that a petition for divorce may be filed when the petitioner has been separated de facto (in fact) from his or her spouse for at least five years at the time of the filing of the petition and reconciliation is highly improbable, or when the petitioner has been legally separated from his or her spouse for at least two years at the time of the filing of the petition and reconciliation is highly improbable. Not all circumstances and situations that cause the total breakdown of a marriage could be defined in this proposed measure. Thus, the bill also provides that divorce may be granted when the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage. Spouses living in a state of irreparable marital conflict or discord should be given the opportunity to present their marital contrarieties in court and have those differences adjudged as constituting a substantial ground to put an end to the marriage. Another ground for divorce included in the bill is when one or both spouses are psychologically incapacitated to comply with the essential marital obligations. This provision will consequently repeal Article 36 of the Family Code. The bill seeks to include psychological incapacity in the grounds for divorce in the belief that the concept is consistent with the termination of marital ties rather than with a void marriage. The bill seeks to eliminate condonation of the act and consent to the act as grounds for denying a petition for legal separation and, by extension, a petition for divorce. Many spouses especially women ignore the offense because of the social and economic conditions they are in. Many women in the marginalized sectors tend to condone the offense because they are economically dependent on their spouses or because of the stigma attached to failed marriages. Some women who are perceived to be condoning the acts of their husbands actually suffer from the cycle of spousal abuse such that they have become so disempowered to address their situation.

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Under this proposed measure, a decree of divorce dissolves the absolute community or conjugal partnership of gains. The assets shall be equally divided between the spouses. However, this bill also proposes that in addition to his or her equal share in the assets, the spouse who is not gainfully employed shall be entitled to support until he or she finds adequate employment but the right shall only be effective for not more than one year. This provision is meant to address the economic deprivation or poverty that many women experience as a result of a marital break-up. The bill also proposes that the custody of any minor child shall be decided by the court in accordance with the best interests of the child and their support provided in accordance with the Family Court provisions on support. Actual, moral and exemplary damages shall be awarded to the aggrieved spouse when proper in accordance with the provisions of the Civil Code on damages. The proposed measure also provides that parties shall be disqualified from inheriting from each other by intestate succession. Moreover, provisions in favor of one spouse made in the will of the other spouse shall be revoked by operation of law. The Philippines and Malta are the only two remaining countries in the world without a divorce law. This bill is being introduced based on indications that Philippine society is ready for the legalization of divorce. The sanctity of marriage is not based on the number of marriages existing but on the quality of marital relationships. When a marriage is no longer viable, divorce should be an option. Thus, the approval of this bill is urgently requested. LUZVIMINDA C. ILAGAN Gabriela Womens Party List EMERENCIANA A. DE JESUS

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First Regular Session House Bill No. 1799

Introduced by GABRIELA Women's Party Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS

AN ACT INTRODUCING DIVORCE IN THE PHILIPPINES, AMENDING FOR THE PURPOSE TITLE II, ARTICLES 55 TO 66, INCLUSIVE AND ARTICLE 26 OF EXECUTIVE ORDER NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, AND REPEALING ARTICLE 36 OF THE SAME CODE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. SECTION 1. Title II of Executive Order No. 209, amended, otherwise known as The Family Code of the Philippines, is hereby amended to read as follows: "TITLE II LEGAL SEPARATION AND DIVORCE"

SECTION 2. Articles 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66 of Executive Order No. 209, as amended, otherwise known as The Family Code of the Philippines, are also hereby amended to read as follows: "Art. 55 (A). A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

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(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against life of the petitioner; or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. For purpose of this Article, the term "child" shall include by nature of by adoption. (B) A PETITION FOR DIVORCE MAY BE FILED ON ANY OF THE FOLLOWING GROUNDS: (1) THE PETITIONER HAS BEEN SEPARATED DE FACTO FROM HIS OR HER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE; (2) THE PETITIONER HAS BEEN LEGALLY SEPARATED FROM HIS OR HER SPOUSE FOR AT LEAST TWO YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE; (3) WHEN ANY OF THE GROUNDS FOR LEGAL SEPARATION UNDER PARAGRAPH (A) OF THIS ARTICLE HAS CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE;

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(4) WHEN ONE OR BOTH SPOUSES ARE PSYCHOLOGICALLY INCAPACITATED TO COMPLY WITH THE ESSENTIAL MARITAL OBLIGATIONS; (5) WHEN THE SPOUSES SUFFER FROM IRRECONCILABLE DIFFERENCES THAT HAVE CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE." "Art. 56. The petition for legal separation OR DIVORCE shall be denied on any of the following grounds: [(1) When the aggrieved party has condoned the offense or act complained of; (2) Where the aggrieved party has consented to the commission of the offense or act complained of;] [(3)] [1] Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation OR DIVORCE; [(4) Where both parties have given ground for legal separation;] [(5)] (2) Where there is collusion between the parties to obtain the decree of legal separation OR DIVORCE; [or (6) Where the action is barred by prescription.]" "Art. 57 (An action for legal separation shall be filed within five years from the time of the occurence of the cause.] AN ACTION FOR LEGAL SEPARATION OR DIVORCE MAY BE FILED AT ANY TIME." "Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. THE SAME RULE SHALL APPLY TO AN ACTION FOR DIVORCE BASED ON ARTICLE 55 (B), NUMBERS 3 AND 5 OF THIS CODE. THIS RULE SHALL NOT APPLY WHERE THE ACTION FOR LEGAL SEPARATION OR DIVORCE INVOLVES ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN UNDER REPUBLIC ACT NO. 9262. IN A SUCH CASE, SECTION 19 OF THE REPUBLIC ACT NO. 9262 SHALL APPLY." "Art. 59. No legal separation OR DIVORCE may be decreed unless the Court has taken steps towards the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable."
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"Art. 60. No decrees of legal separation OR DIVORCE shall be based upon a stipulation of facts or a confession of judgment. In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed." "Art. 61. After the filing of the petition for legal separation OR DIVORCE, the spouses shall be entitled to live separately from each other. In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed." The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court." "Art. 62. During the pendency of the action for legal separation OR DIVORCE, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of their common children." "Art. 63 (A). The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated AND THE ASSETS SHALL BE EQUALLY DIVIDED BETWEEN THE SPOUSES but the offending spouse shall [have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2)] PAY TO THE INNOCENT SPOUSE ACTUAL, MORAL AND EXEMPLARY DAMAGES IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES; (3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; [and]
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(4) THE INNOCENT SPOUSE AND THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE; (5) THE CHILDREN SHALL BE ENTITLED TO THEIR PRESUMPTIVE LEGITIME WHICH SHALL BE COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT; AND [(4)] (6) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (B) THE DECREE OF DIVORCE SHALL HAVE THE FOLLOWING EFFECTS: (1) THE MARRIAGE BONDS SHALL BE SEVERED; (2) THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP OF GAINS SHALL BE DISSOLVED AND LIQUIDATED AND THE ASSETS SHALL BE DIVIDED EQUALLY BETWEEN THE SPOUSES. IN THE PARTITION OF THE ASSETS, THE PRESUMPTIVE LEGITIME OF THE COMMON CHILDREN, COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT, SHALL BE DELIVERED TO THEM. THE PARTITION AND DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES AND THE DELIVERTY OF THE CHILDREN'S PRESUMPTIVE LEGITIME SHALL BE RECORDED IN THE APPROPRIATE CIVIL REGISTRY AND REGISTRIES OF PROPERTY, OTHERWISE THE SAME SHALL NOT AFFECT THIRD PERSONS. (3) IN ADDITION TO HIS OR HER EQUAL SHARE IN THE ASSETS OF THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP, THE SPOUSE WHO IS NOT GAINFULLY EMPLOYED SHALL BE ENTITLED TO SUPPORT FROM THE OTHER SPOUSE UNTIL HE OR SHE FINDS ADEQUATE EMPLOYMENT, PROVIDED, HOWEVER, THAT THE SUPPORT SHALL ONLY BE FOR ONE YEAR FROM THE FINALITY OF THE DECREE OF DIVORCE, AND PROVIDED FURTHER THAT THE RIGHT TO SUPPORT SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 201 OF THIS CODE. (4) ACTUAL, MORAL AND EXEMPLARY DAMAGES SHALL BE AWARDED TO THE AGGRIEVED SPOUSE IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES;
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(5) THE CUSTODY OF ANY MINOR CHILD SHALL BE DECIDED BY THE COURT IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD, SUBJECT TO THE PROVISIONS OF ARTICLE 213 OF THIS CODE; (6) THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE; (7) CHILDREN CONCEIVED OR BORN BEFORE THE DECREE OF DIVORCE HAS BECOME FINAL AND EXECUTORY SHALL BE CONSIDERED LEGITIMATE; AND (8) THE PARTIES SHALL BE DISQUALIFIED FROM INHERITING FROM EACH OTHER BY INTESTATE SUCCESSION. MOREOVER, PROVISIONS IN FAVOR OF ONE SPOUSE MADE IN THE WILL OF THE OTHER SPOUSE SHALL BE REVOKED BY OPERATION OF LAW. "Art. 64. After the finality of the decree of legal separation OR DIVORCE, the innocent spouse IN THE CASE OF LEGAL SEPARATION OR IN THE CASE OF DIVORCE UNDER ARTICLE 55 (B) NUMBERS 3 AND 5 may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumberances registered in good faith before the recording of the complaint for revocation in the registries or property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the [insured] INSURER. The action to revoke the donation under this Article must be brought within five (5) years from the time the decree of legal separation OR DIVORCE has become final." "Art. 65. If the spouses WHO HAVE BEEN LEGALLY SEPARATED should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation." "Art. 66. The reconciliation referred to in the preceding Article shall have the following consequences: (1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
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(2) The final decree of legal separation shall be set aside, but the separation of property [and any forfeiture of the share of the guilty spouse already effected] shall subsist, unless the spouses agree to revive their former property regime. The court's order containing the foregoing shall be recorded in the proper civil registries." SEC. 3. Article 26 of the Family Code is hereby amended to read as follows: "Art 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), [36], 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry the Filipino spouse shall likewise have capacity to remarry under Philippine law. A DECREE OF DIVORCE VALIDLY OBTAINED BY A FILIPINO CITIZEN ABROAD SHALL BE VALID IN THIS COUNTRY ONLY AFTER A DETERMINATION BY A PHILIPPINE COURT THAT THE SAME IS BASED ON A GROUND FALLING UNDER ARTICLE 55 IB) OF THIS CODE." SEC. 4. Article 36 of the Family Code is hereby repealed. SEC. 5. Repealing Clause. - The provisions of any law, executive order, presidential decree or any other issuance inconsistent with this Act are hereby repealed or modified accordingly. SEC. 6. Separability Clause - If any part or provision of this Act is declared invalid, all other provisions not affected thereby shall remain valid. SEC 7. Effectivity - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Approved, -END-

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