DIVORCE

NEGATIVE BENCH

Marriage according to the family code of the Philippines is a special contract of

permanent union between a man and a woman entered into in accordance with law for
the establishment of conjugal and family life.

Greetings!

The issue of divorce is more than just a religious question. It has a lot to do with the
economic progress of the nation and the common good of society. In line with this, the
negative house submits that divorce should not be legalized in the Philippines for the
following beneficial reasons:

1. The absence of divorce in the country provides a safeguard in the sustenance of

families founded by marriage

2. That the absence of divorce helps the country in establishing a more reliable and a
high potential group of young people that will nurture the future of our society.

In an article published by the Michigan Law Journal last April 24 2010, statistics show that
1 out of two marriages ends up in divorce. Ladies and gentlemen, that is a whopping 50%
probability that in a country where divorce is legal, marriages will just become a swift
matter in the air.

The same study revealed that the vast majority of children who spend time in a single-
parent home will experience poverty. Four times as many divorced women with children
fell under the poverty line than married women with children. In the Framingham Offspring
Study, married men had a 46% lower rate of dying from cardiovascular disease than
unmarried men.
Married people are more likely to have higher incomes. Individuals who are married have
greater wealth. The longer they stay married, the greater the wealth accumulation. Men
especially benefit, as married men earn 22% more than single men. Women who
experience divorce face a 27% decrease in their standard of living.

Your honors, these realities from the countries where the matter of this debate is allowed,
present an undeniable fact that with the current status quo the sanctity and strength of
the family which is considered as the basic unit of our society is highly protected.
Destroying this protective wall will put the future of our society in jeopardy.

Into our second argument, in Wallersteins long-term study, it was discovered that divorce
adversely affects society by : Diminishing the childs future competence; contributing to
early sexual experimentation leading to increased costs for society; diminishing a childs
learning capacity and educational attainment; increasing risk for school suspensions,
binge drinking and marijuana use; and increasing emotional and mental health risks,
including suicide.

With all these empirical pieces of evidence it has to be noted that the legalization of
divorce amidst its positive short term benefits of allowing the married couples to be
liberated from their unhappy and unhealthy relationships will give peril to our country in
the long run. These children's future your honors will clearly be put in a delicate line. In
this regard, the adverse effect of this matter is not limited to the concerned individuals but
to the country as a whole. For what is the future of a state in which its future generation's
ability to propagate nation building is fading. It is a well-settled rule that in the
promulgation of laws, public safety and welfare must always be a concern. Thus the
legalization of divorce in the Philippines must not be allowed.

INTERPOLATION:

1. You are a law student, correct?

2. Are you knowledgeable enough about EO 209?

3. Are you aware that under this Code marriage is considered as a special contract and
is highly distinct from other types of agreements?
4. In a contract of sale, if the seller committed fraud in the performance of the obligation,
may the buyer resort to the rescission of the contract? Should the same rule apply in the
case of a marriage contract?

5. No. Exactly, that is why allowing your divorce in the Philippines will defeat the intent of
our Family Code.

6. Yes. Oh seriously. That is not true ladies and gentlemen because under the Family
Code, fraudulent actions that existed during the consummation of the marriage will just
lead to legal separation and not to the termination of the marriage.

Additional questions to follow depending on their arguments.