You are on page 1of 32

A BILL legalizing divorce and the dissolution of marriage in the Philippines was approved at the committee

level in the House of Representatives on Wednesday.

Voting “viva voce,” 10 members of the Committee on Population and Family Relations gave their nod on
the measure authored by lawmakers across party-lines namely: Speaker Pantaleon Alvarez of Davao del
Norte, Rep. Edcel Lagman of Albay, Rep. Pia Cayetano of Taguig City, Rep. Rodel Batocabe of Ako Bicol,
Rep. Emmi de Jesus of Gabriela party-list, among others.

Alvarez, Cayetano and Batocabe are allies of President Rodrigo Duterte while Lagman and de Jesus are with
the opposition and Duterte critics.

The Act of Absolute Divorce and Dissolution of Marriage provides for summary proceedings or speedy
dissolution of marriage for those who have secured legal separation and those whose spouse was convicted
of bigamous marriage, among others.

The proposed bill also made divorce affordable as the state is mandated to assist poor petitioners by waiving
their filing and lawyers’ fees and ordering the courts to provide psychiatric and psychological services
during proceedings.

A petitioner is considered indigent if his or her real estate property is P5 million and below. LLANESCA
T. PANTI

PROPOSED DIVORCE LAW IN THE PHILIPPINES


Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In
2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the
Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878),
introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill
No. 6993, seeking for the legalization of divorce. This Congress (14th Congress), Gabriela again filed a bill to
introduce divorce in the Philippines. Here’s the explanatory note of House Bill 3461, filed by GABRIELA Women’s
Party Representatives Liza Largoza-Maza and Luzviminda Ilagan. Let’s open this topic for discussion by everyone.
Let’s avoid name-calling and focus on the merits. If you support or oppose the bill, then perhaps you could talk to
your respective representatives in the House.

————————

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. The provisions of this bill are
consistent with and in pursuit of those State policies.

In 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 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 support this. The 2003 report of the Philippine National Police shows that wife
battering accounted for 53.6 percent of the total 8,011 cases of violence against women. About three of ten
perpetrators were husbands of the victims. Husbands accounted for 28 per cent of the violence against women
crimes. The Department of Social Welfare and Development reported that in 2003, of the 15,314 women in
especially difficult circumstances that the agency serviced, 25.1 per cent or 5,353 were cases of physical abuse,
maltreatment and battering.

Given these realities, couples must have the option to avail of remedies that will pave the way for the attainment
of their full development and self-fulfillment and the protection of their human rights. Existing laws are not enough
to address this need. To quote the Women’s 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 essential ofmarital 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 have necessary. What we need is a divorce law that defines clearly
and unequivocally the grounds 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.” (Women’s 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 women’s
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
children’s 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 Viscaya, the Sagadans and Igorots of the Cordilleras, and the Monobos, Bila-ans 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 Constitutiondoes not prohibit the legalization of
divorce.

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 non-performance 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.

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.

ABSTRACT:

I believe that people should have a chance to remarry. Simply because: I've seen a lot of women who
were dumped unceremoniously by their husbands, living the life of a single mother, with all its
hardships... yet, thanks to Philippine law, they can't legally remarry. Separation in the Philippines is a
long, drawn-out process... and it's harder than it should be.

Making people jump through hoops of fire won't change the fact that the husband and wife don't live
together anymore, and it deprives children of the right to live in a household with a complet set of
parents.

While, yes, it would encourage some people to get divorced who would have otherwise stayed
together... so what? I'd rather live in a home with less strife than have two parents who hate each
other and bicker all the time. I've seen this, too, and it will eventually lead to separation, anyway.

Legalized divorce doesn't encourage adultery... it empowers the partner who is cheated upon. If you
divorce because you want to live with your mistress or "mistron", you're obliged to support whatever
family you leave behind.

BIBLE BASED

even the Bible says something about divorce, which is partially ok, but the condition is that if a couple
divorces, the husband or the wife should not marry anymore (1 Cor 7:11)

RAPPLER BASED

'Clear majority' of Filipinos


favor legalizing divorce
Support for divorce – now from 6 in 10 Filipinos – has been on an upward trend since 2005, the
latest Social Weather Stations survey shows

MANILA, Philippines – More and more Filipinos are becoming in favor of legalizing divorce in the
Philippines.

A Social Weather Stations survey released on Monday, March 23, found that 60% of adult
Filipinos support divorce for "married couples who have already separated and cannot reconcile
anymore, so that they can get legally married again."
It was the first time that "public support for legalization of divorce for irreconcilably separated
couples grew to a clear majority of 60% in December 2014, from a plurality of 50% in March 2011
and a split opinion of 43-44% in May 2005," the SWS said.

The survey was conducted using face-to-face interviews of 1,800 adults nationwide from
November 27 to December 1, 2014. It had sampling error margins of ±2% for national
percentages, ±6% for Metro Manila, Balance Luzon, and Mindanao areas percentages, and ±3%
for Visayas area percentages.

Among the 60% who expressed support for divorce, 38% "strongly" agreed with its legalization,
while 22% "somewhat agreed." In contrast, 21% strongly disagreed with the proposal while 8%
somewhat disagreed. About 11% were undecided.

Support for the legalization of divorce has been on an upward trend since 2005, survey results
showed.

In 2011, 50% of those survey said they agreed with the proposal, compared to 33% who did not.
In 2005, opinion was split: 43% agreed while 44% disagreed.

SWS said the +31 net agreement in December 2014 was considered "strong," compared to the
"moderate" +18 agreement in March 2011 and "the neutral" -2 net agreement in May 2005.

Aside from Vatican City, the Philippines – where Roman Catholicism is the predominant religion –
is the only state in the world where divorce remains illegal.

Rise in support

Support for divorce increased across Luzon, the Visayas, and Mindanao regardless of sex and
marital status.

From 2011 to 2014, support for divorce rose from:

 52% to 67% in Metro Manila


 54% to 62% in Balance Luzon
 50% to 55% in the Visayas
 44% to 55% in Mindanao

The survey also found that majority of male and female Filipinos favor the legalization of divorce,
regardless of whether they are single, married, or with live-in partners.

The survey meanwhile noted that support for divorce has always been strong among those with
live-in partners since the 2005 survey.

About 16% of Filipinos have live-in partners as of December 2014, up from 8% in March 2011,
according to survey results.

Among those with live-in partners, 66% agreed with legalizing divorce in December 2014, up from
62% in March 2011 and 63% in May 2005.

Among social classes, the biggest increase in support was found in classes D and E.
"Since 2005, net agreement with legalizing divorce for separated couples has always been
moderate in class ABC, while it switched from neutral to strong in class D, and from poor to
moderate in class E," SWS said.

Cabinet has not discussed divorce

Palace Communications Secretary Herminio Coloma Jr said the issue has not been discussed as
far as the executive branch is concerned.

"Ang mga mamamayan ay may kapangyarihang ipaabot sa kanilang mga kinatawan sa Kongreso
ang kanilang mga saloobin hinggil sa usapin ng divorce. Hindi pa tinatalakay sa Gabinete ang
isyung ito," Coloma said.

(Citizens have the power to take their opinions regarding divorce to their representatives in
Congress. The Cabinet has not discussed this issue.)

In a November 2014 forum, Filipino journalist Ana Santos said pro-divorce advocates can manage
to secure support for the measure if it gains the same traction as the passage of the
landmark reproductive health (RH) law.

The RH law managed to hurdle Congress despite strong opposition from the Catholic Church, due
in part to the support of President Benigno Aquino III for the measure.

During the 2013 elections, more senatorial candidates voiced opposition to the passage of the
divorce law than those who favored it. (READ: Most Senate bets vs divorce)

It remains to be seen whether growing public sentiment in favor of legalizing divorce would have
an effect on lawmakers' respective stands, with the 2016 elections fast approaching.

RH 2.0? Why Lagman thinks


it's easier to pass divorce bill
'Divorce is the exception, not the general rule,' says Albay 1st District Representative Edcel Lagman,
champion of the proposed measure

MANILA, Philippines – Albay 1st District Representative Edcel Lagman is confident that a much-
awaited divorce law will pass the 17th Congress of the Philippines.

“People are receptive to absolute divorce,” said Lagman who headed the technical working group
(TWG) for a bill that would introduce divorce in the Philippines.

A House panel recently approved the measure, and it is set to be deliberated upon by the House
of Representatives during plenary session. (EXPLAINER: What are the grounds, provisions in
House divorce bill?)
It would be historic in the Philippines, the only country in the world aside from Vatican City that has
yet to introduce divorce.

“All countries, they already have a divorce law. That means to say, worldwide, there really is a
need to give spouses in irremediably broken or lost marriages a chance a second chance at
marital bliss,” said Lagman in an interview on Rappler Talk.

“People are receptive to absolute divorce. All surveys show that the majority of respondents are in
favor of it,” added Lagman.

The veteran lawmaker, who headed efforts to pass the controversial Reproductive Health
Bill during the 15th Congress, had earlier said he expected the enactment of the divorce law to be
much easier.

Lagman told Rappler that barring any hitches, the measure should be passed into law by both
chambers before the end of the 17th Congress or by 2019.

“Secondly, I think the Catholic Church is not as vehement in its opposition compared to the
reproductive health bill where there were apprehensions that contraceptive products could lead to
cancer, etcetera. In this case, there is no such argument,” said Lagman, explaining why he thinks
divorce will be much easier to pass than the RH measure.

The law is expected to face strong opposition. In the House alone, several lawmakers led by
Buhay Representative Lito Atienza have already announced their opposition to the bill.

Lagman said their apprehensions – that the bill would led to the breakdown of Filipino families –
are addressed and acknowledge in the proposed law.

The proposed measure, entitled “An Act Providing for Absolute Divorce and Dissolution of
Marriage in the Philippines,” places heavy emphasis on programs before and after marriage that
aims to strengthen unions.

According to Lagman, provisions such as a prescribed 6-month “cooling off period” and one that
allows the cancellation of the divorce decree should the couple have a change of heart, shows that
the law still protects marriages that are not absolutely problematic.

“Divorce is the exception, not the general rule,” explained Lagman, dismissing the concerns from
critics that a divorce law would lead to more separations. “[In Europe], [divorce] did not open the
floodgates. Those are the statistics and data,” he said.

However, as optimistic as Lagman may be, there is no counterpart measure in the Senate yet.
Lagman said Deputy Speaker Pia Cayetano, a former senator, has been speaking with members
of the upper chamber to sponsor a counterpart bill.

No less than Speaker Pantaleon Alvarez has been pushing for the divorce bill in the House. Its
proponents include legislators from various blocs, including the opposition – a rare feat in the oft-
divided House of Representatives.

Lagman himself belongs to an independent opposition bloc.


Senate Majority Leader Senator Vicente Sotto III had earlier said the chance of the divorce bill
being passed was “slim.”

Rappler Talk: Can the 17th


Congress pass a divorce law?
Lawmaker Edcel Lagman is among those who argue that divorce is needed in the Philippines

MANILA, Philippines – On Wednesday, February 21, the House committee on population and
family relations approved a substitute bill that would introduce divorce in the Philippines.

It’s historic. This is the farthest a divorce bill has made it in the legislative process in the country.
It’s also a multi-partisan effort, with legislators from all blocs in the House taking part in its crafting.
No less than House Speaker Pantaleon Alvarez, head of the Duterte-allied supermajority, is an
advocate of the divorce bill.

But now that it’s past the committee level, what’s next?

Lawmakers have already manifested their opposition, arguing that divorce would endanger the
Filipino family. Advocates say it’s about time couples – especially abused spouses – are given a
chance to walk away from potentially life-ruining marriages.

Speaking with Rappler on Thursday, February 22 is Albay 1st District Representative Edcel
Lagman, who headed the technical working group that finetuned the proposed divorce law
proposal.

ABSTRACT

This topic is to support another topic in Philippines forum “should divorce be legalized in Philippines”. There are two
countries in the world where there are no divorce laws, Philippines and Malta. In these countries women and children
are facing abuses and are unable to come out of unhappy married life since there are no divorce laws. This is
basically against women rights. I request all of you to come to Philippines forum and participate in “should divorce be
legalized in Philippines” topic. Kindly comment here also to make this thread active and invite people’s attention to this
issue. Let us help abused women and illegitimate children of Philippines.
*Note: There is a funny process called marriage annulment in Philippines. It will cost you 3,00,000 Pesos to 4,00,000
Pesos for annulment of marriage. Only rich can afford that. Again children are not protected under this. You can see
many Filipinas working abroad. They are working for the livelihood of their children. Most of the time men will eat the
money sending by the women. Write your opinion today! Support the women and children of Philippines.
** You can go to ‘Philippines forum’ by typing ‘philippines’ in Topix.com ’s [Search box]. You can type ‘divorce’ in
[topics’ search box] to find see “should divorce be legalized in Philippines” thread.

ABSTRACT: http://wencyang.blogspot.com/2012/05/9-reasons-to-support-legalization-of.html

9 Reasons to Support the Legalization of Divorce in the Philippines


In an article posted by Female Network.com, They laid out 9 reasons as to why the divorce bill should be legalized
here in the Philippines. I read each one of them and here are my thoughts and opinions about each reason:

1. CURRENT LAWS THAT ALLOW FOR LEGAL SEPARATIONS AND ANNULMENTS ARE FLAWED.

"For couples who want to dissolve their union or live apart, there are two options: legal separation and annulment.
A legal separation allows a couple to divide their properties and live apart, but it does not dissolve their marriage,
i.e., they cannot re-marry"

- I believe legal separations and annulment are quite ineffective for they dissolve everything but the marriage in a
couple which is not what most partners would want to happen when their main point is to be separated from each
other. They would have to give reasons as to why each partner is incapable of being a wife or a husband prior to
the marriage which for me is not really necessary anymore. They should just simply give out the reason for the
failure of their marriage without a criteria for its validation because it is the couple's choice. We should respect
each and everyone's reasons and decisions about their own lives.

2. DIVORCE USED TO EXIST IN THE PHILIPPINES

"According to Atty. Fred Pamaos, the Philippines once had a law on divorce. “Before the Spanish colonial rule in
the early 16th century, absolute divorce had been widely practiced among our ancestral tribes—the Tagbanwas
of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and
Moslems of Visayas and Mindanao islands, to name a few.”

- If during the early days our ancestors were already practicing divorce, then I guess it was accepted by the
Filipinos back then as well and these cultures and traditions are passed on from one generation to another. We
are already in a generation wherein we are exposed to a lot of things that require us to be open-minded citizens;
if our ancestors back then managed to run this law during a colonial period then why can't we Filipinos nowadays
living in a new generation, accept these kinds of reality and drastic changes in our society?

3. THERE ARE SECTORS IN PHILIPPINE SOCIETY THAT PRACTICE DIVORCE.

"The Code of Muslim Personal Laws of the Philippines allows for divorce—however, with stipulations: namely, a
man can divorce his wife, but a woman cannot divorce her husband."

- The Muslim community is basically different from us Filipinos from Luzon and Visayas in terms of customs,
beliefs, laws, etc. but that does not mean we are all different from each other already and Filipinos cannot have a
unified force as well. I say this law should be tweaked into basically both parties having the right to divorce each
other and no just the husband. But then again if I were to decide, I would want the same rules to apply to the whole
Philippine nation and not be broken per island or region.

4. IT IS A RECOURSE FOR WOMEN WHO ARE IN ABUSIVE RELATIONSHIPS.

In the Philippines, spousal abuse and infidelity are not grounds for the annulment of marriage.

- Failed marriages are often caused by physical violence or abuse but then it is not considered as a valid reason
for separation which is totally unfair especially on the part of abused women. Reasons like that should be heard
and recognized because it is a very much alarming factor that should be acted upon.

5. THE STIPULATIONS OF AN ANNULMENT ARE DESTRUCTIVE.

"The most commonly used reason for an annulment is “psychological incapacity.” It requires that you prove that
your spouse (or both of you) is indeed psychologically incapable of performing the responsibilities that come with
being married."

- This is exactly one flaw of annulment cases here in the Philippines, the reasons that should be given out by
couples are limited and therefore does not apply to everyone. Plus, "psychological incapacity" reasons require one
to seek a psychological report which can really be costly and could also come with a lot of issues regarding ethical
practices in medicine. That is why I think it is best to acknowledge whatever reasons a couple could have regarding
their separation.

6. DIVORCE HAS NO RELIGIOUS BIAS.

"Because of the separation of Church and State, getting a civil annulment will only mean that your civil union has
been dissolved. This is fine if you were married in City Hall, but for church wedding, this means that your church
union is still intact."
- This may be really hassle for couples who have gone through a church wedding and I think majority do nowadays.
Annulments tend to have a long and tiring process which comes along with a lot of factors such as money, effort,
time and people. Well it may be the same if ever divorce would be legalized but it would totally be an all-in-one
thing compared to an annulment. There would be no separation of the church and state anymore, which would
completely dissolve the marriage. The downside of this as of now is that our country is still held strongly by the
Church's influence and getting in the way of them will be a huge battle our state and people will have to go through
before achieving this legalization of the divorce bill.

7. PEOPLE ARE IN FAVOR OF DIVORCE.

"According to a Social Weather Station survey conducted in March 2011, “50 percent of adult Filipinos agree and
33 percent disagree with the statement: 'Married couples who have already separated and cannot reconcile
anymore should be allowed to divorce so that they can get legally married again.’”

- As I have mentioned earlier, we are already living in a generation wherein we are already open-minded and adapt
to changes in terms of our culture, government and society. We have all been realizing that in time some marriages
were meant to end and that both parties deserve that freedom from married life. As the time goes on, more and
more people are in need of full separation from each other that is why it would really be beneficial if ever this
divorce bill would be actualized. If majority of the people are in favor of this movement, then I think the government
should respect the majority's options.

8. AN ANNULMENT IS AN EXPENSIVE PROCESS THAT NOT EVERYONE CAN AFFORD.

"The cost of proving grounds for an annulment, such as psychological incapacity, requires the hiring of specialists
and the like, which can cost thousands of pesos--not something everyone can afford."

- I have commented about this earlier and really, annulment thus entail a long and costly process that not everyone
could afford to handle it personally and financially. The tendency for this would be couples will just let go of their
marriage without having it annulled which in return could create problems in terms of records, government
services, rights and treatment of people. Thus couples need something that is easy, bearable and would not
compromise their personal endeavors.

9. DIVORCE DOES NOT DESTROY THE FAMILY.

Divorce—on any law, for that matter—will not destroy the family. It is only the members of the family who can do
that. Putting a clear divorce law in place recognizes that some marriages work and some don’t.

- I totally agree with the above statement because not all marriages work, and parents would have to separate
eventually maybe because it would be better for the whole family to do so. Being divorced does not mean the
whole family is dysfunctional already, it is a case to case basis which should not be generalized at all. I believe it
is already up to the parents to make their children understand the circumstances surrounding the divorce and how
they would still continue to raise the children well. In fact, divorce makes life better for most families because why
suffer if you can have it the easy way out?

These are just some points taken from a website and there are still many more issues to be tackled about this
divorce bill.

ABSTRACT: DEBATE.ORG

My name is zain, in this proposition I am in favor that Divorce in the Philippines must be legalized.

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.

Divorce is illegal in the Philippines and the Catholic church would like to see it remain that way, but many citizens
appear to be tired of Catholic prelates assuming the authority to dictate civil laws. Thus, a bill that would legalize
divorce is moving through the government. BUT I JUST WANT TO CLARIFY THAT ONE OF THE PARAMETERS OF THIS
DEBATE IS WE WILL NOT INCLUDE RELIGIOUS CONOTATION.
In this debate, MUSLIMS are not included because under the SHARIAH LAW they can have DIVORCE in the
PHILIPPINES.

Divorce mostly comes in, when couples have conflict and they have a problem.Divorce is one of the solution in
separating couples, for the Wife and husband can have freedom.

Divorce is better than having conflict in the fight in the family. It is the best solution for the family when having
conflicts. Like our neighbor, (this is an evidence) the wife and husband had a conflict between them. But the husband
had a power, he hurt the wife so this affects the children. This will not be good for them, so the family decided to be
separated. But because they were MUSLIMS they had a divorce. This is an example of having a divorce. This only
means that DIVORCE IS A BEST SOLUTION FOR A FAMILY THAT HAVE BEEN IN A CONFLICT.

In divorce, there will be no conflict in the process. In choosing where will the children go, the family and their
Lawyers will decide. Not only the child but also the properties. This will be a good solution for them for them not to
have quarrel and the children will not be affected.

Divorce

1) n. the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some
states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault
divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are
division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only
state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which
he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period
from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several
months to allow for a chance to reconcile.

•By definition divorce is a legislatively created, judicially administered process that legally terminates a marriage no
longer considered viable by one or both of the spouses. Divorce is also known as dissolution of marriage.
Traditionally, divorce was fault based. In other words, there was an "innocent or injured" party and a party that had
done "wrong" with the "innocent" party being able to obtain relief or a divorce. This system was adversarial in nature.
Even if both parties wanted a divorce, one party had to allege wrongdoing by the other. In the 1970's this system was
reformed and a "no fault" system was put in place.

There are advantages to doing your own divorce. You might think the most obvious is the financial savings. Don't be
fooled. A poorly structured settlement agreement can be more costly to correct after the fact. Keep in mind that this
agreement will:
•Divide your property as well as your debts.
•Decide parenting issues such as custody, visitation, and child support.
•Determine if alimony applies and the amount be paid.

If Children Are Involved:

Divorce in itself is trying enough. If children are involved, it becomes even more trying and extremely emotional.
Parents often loose sight of what is in the best interest of their children. Where do the children fit into this whole new
life that is being created? Unfortunately, children often become financial pawns in a divorce when child custody issues
are being decided.

Children have rights in divorce. Let common sense prevail when it comes to the children. They should not be used as
an outlet for anger, nor should they ever be used to get revenge against your spouse. Don't bad-mouth your ex-
spouse in front of your kids, even if you are still angry or feuding. Try not to use your kids as a messenger or go-
between, especially when you're feuding. Children are egocentric. They think their role in things is much more
important than it really is. Because of this, they often feel that they have in some way caused the divorce. Make sure
they know it is not their fault. It is also important for kids to know that just because parents divorce each other,
they're not divorcing their kids. Some kids think that if their parents are divorcing, it means their moms and dads will
want to leave them, too. Remind them often that your love for them is unconditional and will not change because of
the divorce.
There are many aspects of divorce that need to be considered including: custody and visitation; financial issues such
as alimony and child support, taxes, pensions and insurance; hiring an attorney or mediator; determining if you
should do your own divorce; separation agreements and much more.

Alimony - Comprehensive guide to the different types of alimony, including the criteria generally used in the
determination and amount of alimony, and tax ramifications.

Child Custody - Reviews the different types of child custody. The emotional (for both child and parent) and financial
points of view of a custody battle are also discussed including court ordered professional custody evaluations.

The best solution for having separation is divorce.

To start off with first, I noticed that you threw a hit at the Catholic Church and then immediately stated that "ONE OF
THE PARAMETERS OF THIS DEBATE IS WE WILL NOT INCLUDE RELIGIOUS CONOTATION". How can you throw a
punch and then say "no violence" because this is pretty much what you are saying.

You say that divorce is needed when couples have a conflict and need "freedom". This is not at all what marriage is
for. With marriage, mind you, it is a RELIGIOUS CELEBRATION, you vow before everyone there that you will take
them "for better or worse, in sickness and in health, and til death do you part". It says until death do you part, not til
your first fight gets you angry.

I would say to you that there are certain parameters that would allow for a divorce to be okay. 1. Physical Abuse from
one spouse to another. This is definitely a horrible thing. 2. Adultery, i.e. one spouse cheating on the other. These are
the only two valid reasons for getting a divorce. Most conflicts that result in divorce here in the United States are
ridiculous. Instead of working it out like two mature adults, they act like babies and just want out. This is
unacceptable as divorce is often scarring for the children. The family is falling apart and as children, their world is
crashing apart.

"Incompatibility" is not a valid reason in getting a divorce. That is why you have a dating period and an engagement
period before you get married. Dating can range from several months to several years, and an engagement is usually
about 9 months. This is plenty of time to figure out if the two of you are compatible or not. Granted you will not know
every aspect about this person in this time, but, you will NEVER know everything about your spouse.

You say it yourself "children become pawns in divorce". Then why do you want to make it legal? Divorce is harmful to
the children as you say yourself. You realize this but you believe it should be made legal. How can you justify this?
Throughout your entire opening debate, you don't even give good reason for divorce, just "if it doesn't work out".
That is not a good enough reason to divorce somebody, if anything that is a cop out.

Divorce is not the best solution for separation, even separation is not the best solution. If a marriage is having
difficulty there are plenty of ways you can have it be resolved. First off, you can try to resolve the problem yourselves.
Try to find out what you are doing is bothersome to your spouse, and tell your spouse what they do is bothersome to
you. If that doesn't work, there are plenty of books out there that talk about the subject. There is also counseling
available. There are plenty of ways to resolve a dispute, its just a matter of finding it in your heart to make an effort
to go out and fix what was at one time a beautiful relationship.

Thank you for accepting my debate Mr. Brave Yankee 87. I just want to clarify that in the Philippines Catholic Church
doesn't want to have a DIVORCE in the country itself but the "BIG BUT there" is we will not include any RELIGIOUS
CONOTATION.

I just also want to clarify that divorce is a solution for a couple if only if there was a conflict and for them to have
"FREEDOM". The word freedom their means that the conflict was WORST!. Because CASE IN THE PHILIPPINES were
the husband and wife have big problems. And they chose to have separation. And this ITseparation is good for
DIVORCE because DIVORCE have agreements such as divide your property as well as your debts, decide parenting
issues such as custody, visitation, and child support, determine if alimony applies and the amount be paid etc.
hes
This was your statement in your first argument : "I would say to you that there are certain parameters that would
allow for a divorce to be okay. 1. Physical Abuse from one spouse to another. This is definitely a horrible thing. 2.
Adultery, i.e. one spouse cheating on the other. These are the only two valid reasons for getting a divorce." We
should consider these in this debate, because the conditions for this debates are when COUPLES have a problem AND
HAVE DECIDED TO HAVE SEPARATION. And also the parameters that you have stated above.

You have just misunderstood what is my point. I just want you to know that most cases here in the PHILIPPINES are
problem in COUPLES and decided to have separation. E SHOULD CONSIDER THESE CE PHILIPPINES.This is I want
you to know that DIVORCE is better for a couple to have separation and not to have conflicts and that may more
affect the child compared when there is no DIVORCE.

No!. In divorce, there is an AGREEMENT BETWEEN THE TWO(husband and wife) for the child, properties etc. This will
be the job of the lawyers, this will be agreed between the TWO SIDES.

In the Philippines, it is best to have divorce compared to have BIG conflicts that may more affect them and with the
child. Will you choose to have BIG PROBLEMS than to have a divorce that you have AGREEMENTS and it is LEGAL and
have WRITTEN DOCUMENTS that may serve as an evidence for your AGREEMENTS?????

YOU SHOULD CONSIDER NOW THE PRESENT EVENTS HAPPENING IN PHILIPPINES.

Now lets go to the Constitution of the Philippines:

Under the Presidential Decree 1083, TITLE III:

Article 58. Legitimacy, how established. Legitimacy of filiation is established by evidence of valid marriage between
the father and the mother at the time of the conception of the child.

Article 59. Legitimate children.

(1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy of or
impugns such filiation must prove his allegation.

(2) Children born after six months following the consummation of marriage or with two years after the dissolution of
the marriage shall be presumed to be legitimate. Against this presumption no evidence shall be admitted other than
that of the physical impossibility of access between the parents at or about the time of the conception of the child.

Article 60. Children of subsequent marriage. Should the marriage be dissolved and the wife contracts another
marriage after the expiration of her 'IDDA, the child born within six months from the dissolution of the prior marriage
shall be presumed to have been conceived during the former marriage, and if born thereafter, during the later.

Article 61. Pregnancy after dissolution. If, after the dissolution of marriage, the wife believes that she is pregnant by
her former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former
husband or his heirs of that fact. The husband or his heirs may ask the court to take measures to prevent a
simulation of birth.

Article 62. Rights of legitimate child. A legitimate child shall have the right:

(a) To bear the surnames of the father and of the mother;

(b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and 68; and

(c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his favor.

Article 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish paternity and
confer upon each the right inherit from the other exclusively in accordance with Article 94, provided the following
conditions are complied with:

(a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the child who does
not impugn it; and

(b) The relations does not appear impossible by reason of disparity in age.

Article 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a legitimate child
under Muslim law, except that said person may receive a gift (hiba).

Executive Order no. 209, Most of the titles will be discussed in the agreements of the TWO SIDES.

TITLE I

MARRIAGE

Chapter 1. Requisites of Marriage( ranging from Article 1-26)

Chapter 2. Marriages Exempted from License Requirement( ranging from Article 27-34
)
Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 68-73)

TITLE IV

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions(ranging from Article 74-81)

Chapter 2. Donations by Reason of Marriage(ranging from Article 82-87)

Chapter 3. System of Absolute Community(ranging from Article 88-148)

TITLE V

THE FAMILY

Chapter 1. The Family as an Institution(ranging from Article 149-162)

These Laws, will be discussed and the lawyers will be explaining if what will happen to them if they have decided to
divorce..what are the consequences that will they face..and the AGREEMENTS as well as is under these LAWS. That
may lead to a peaceful way in separating.

We should consider the "avoidance of adultery and concubinage and we should consider the EVENTS occuring now in
the PHILIPPINES. And look How marriage survive facing the problems(HEAVY)??.thus, it must be legalized in the
Philippines.(TO LESSEN CONTROVERSIES)

Also, for the people in the Philippines may choose if what will they do???..DIVORCE?..if they have HEAVY
PROBLEM(mostly occuring now a days)

I strongly believe that DIVORCE IN THE PHILIPPINES SHOULD BE LEGALIZED.

I don't think that you are understand what I am trying to say. Why can the couple not talk it out? I've

pointed out numerous examples of how a couple can resolve an arguement. Absolutely nothing can

break a marriage vow. A divorce can not break a marriage vow, it is that simple. As I said before, when

you get married you are making an agreement before God, and all of those attending, that you will stay

with this person TIL DEATH DO YOU PART.


To legalize divorce would allow for the decay of the family. It has happened in America, it WILL happen

if you legalize divorce. By creating "no-fault" divorce, you are essentially getting rid of the sacred vows

of marriage. When you and your wife engage in the act of love, both of your souls fuse together. A

divorce would try to remove this fusion, which can not be broken. The only way that this can be broken

is the death of one or another.

You can not divide children. How can that be? Because people can not be divided. Children are

extremely fragile and they can feel as if they are at fault. When the mother and father get divorce, the

children are FORCED to pick which parent they want to be with, which as we all know, one of the

parents is going to be hurt painfully. You can not do this. Divorce is painful for everybody and to allow it

for non-life threatening reasons is disgusting.

Part of a marriage is to work whatever problems you have out with your spouse. Your spouse is your

best friend, well, hopefully they are. I don't know about you, but when I get into a fight with my best

friends, I want to work it out, because their friendship is important to me. To just disregard everything

we've done over a fight is ridiculous, or at least it should be. However, we live in a world where people

are becoming selfish, and they only care about themselves and not about others. I would hope that you

would want to work everything out with your friend, otherwise, what kind of friend are you?

The same applies with marriage, if something is wrong, you work it out. You said you would be with this

person for better or for worse, and right now its for worse, so you would be a liar if you were to seek a

divorce. The only valid divorce is if your life is in danger.

To divide money up, that is ridiculous. If both spouses are working, then they should not "split up" the

money, they can support themselves, and lawyers do not care about both parties, they just want as

much money as they can get their hands on.


Report this Argument

Pro

You know MR. BRAVE YANKEE 87 we are not talking about PEOPLE or what we call DIVORCE in

AMERICA!, Situations in AMERICA are REALLY DIFFERENT in the PHILIPPINES and PEOPLE in the

PHILIPPINES are really different in AMERICA. CULTURE in the PHILIPPINES are also REALLY DIFFERENT

COMPARED to AMERICA and PROBLEMS about FAMILY in the PHILIPPINES are REALLY different
COMPARED to AMERICA. CONSTITUTION or THE LAWS are really DIFFERENT IN THE PHILIPPINES

COMPARED to AMERICA.

"WHY ARE YOU GIVING EXAMPLES or SITUATIONS IN AMERICA????" in fact this DEBATE FOCUSES in

the PHILIPPINES.

I DID UNDERSTAND YOUR ARGUMENTS Mr. BRAVE Yankee 87. BUT YOU YOURSELF!!!..did not

understand if what I am explaining to you. I am explaining to you SITUATIONS OF THE PHILIPPINES

not IN AMERICA. DIVORCE is just a CHOICE for a FAMILY if they have VERY VERY VERY BIG

PROBLEMS....and THIS is HAPPENING in the PHILIPPINES..

AGAIN BIG PROBLEMS ARE OCCURING NOW IN THE PHILIPPINES Mr. Brave Yankee 87. So, BIG

PROBLEMS is HARD TO SOLVE Mr. Brave Yankee 87. If they talk with each other(HUSBAND AND WIFE)

this may lead to KILLING because of the HATRED in their HEARTS. BUT IF THEY HAVE CHOICES " the

DIVORCE " this will not lead to KILLINGS

if DIVORCE WILL BE LEGALIZED IN THE PHILIPPINES. So, I strongly BELIEVE that DIVORCE SHOULD

BE LEGALIZED in the PHILIPPINES Mr. Brave Yankee 87.

We can't divide the CHILD in physical by dividing it half. We can have AGREEMENT if where they(

HUSBAND, WIFE and LAWYERS) will give the child either to the MOTHER or FATHER, or BY VISITING.

So, if DIVORCE WILL BE LEGALIZED, they cannot do anything because IT IS LEGAL AND THEY HAVE

AGREED!!!..So it is better to LEGALIZED DIVORCE IN THE PHILIPPINES.

They will be having AGREEMENTS, and THESE agreement is the GOOD FOR THE FAMILY, THEY WILL BE

DECIDING FOR THE GOOD of the either sides,so it will not be PAINFUL TO THE EITHER SIDE. This will

be the work of the LAWYERS.

"If only your life is in danger" as you've said in your 2nd argument. So this is one of the REASON to

LEGALIZED DIVORCE in the PHILIPPINES. So we should legalize it because if that will be the case and

there is no divorce this may harm you. So we Should legalize it in the PHILIPPINES. BUT this is not only

the reason, DIVORCE is only a CHOICE for a family if they want it to have or not, VERY VERY BIG

PROBLEMS is also one of the reasons, etc. I am not saying that if A FAMILY will have a problem, they

will APPLY A DIVORCE rapidly. I am telling to you that DIVORCE IS ONE OF THE CHOICES FOR BEST

SOLUTIONS, if they may have a PROBLEM and in the PHILIPPINES most of the cases, they HAVE BIG

BIG PROBLEMS and they want to DIVORCE but they can't because it is not LEGALIZED, so DIVORCE
again SHOULD BE LEGALIZED IN THE PHILIPPINES.

If a PROBLEM occured, and have DIVORCE this may Divide your property as well as your debts, Decide

parenting issues such as custody, visitation, and child support, and Determine if alimony applies and the

amount be paid. I am telling to you the debts, and the MONEY. IF they will split up, they will only have

responsibilities in the CHILD and themselves. So this is an ADVANTAGE, less EXPENSES for them.

There will be no CONFLICT if they will have a divorce, because all of the laws stated as follows;

Under the Presidential Decree 1083, TITLE III:

Article 58. Legitimacy, how established. Legitimacy of filiation is established by evidence of valid

marriage between the father and the mother at the time of the conception of the child.

Article 59. Legitimate children.

(1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy

of or impugns such filiation must prove his allegation.

(2) Children born after six months following the consummation of marriage or with two years after the

dissolution of the marriage shall be presumed to be legitimate. Against this presumption no evidence

shall be admitted other than that of the physical impossibility of access between the parents at or about

the time of the conception of the child.

Article 60. Children of subsequent marriage. Should the marriage be dissolved and the wife contracts

another marriage after the expiration of her 'IDDA, the child born within six months from the dissolution

of the prior marriage shall be presumed to have been conceived during the former marriage, and if born

thereafter, during the later.

Article 61. Pregnancy after dissolution. If, after the dissolution of marriage, the wife believes that she is

pregnant by her former husband, she shall, within thirty days from the time she became aware of her

pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs may ask the

court to take measures to prevent a simulation of birth.

Article 62. Rights of legitimate child. A legitimate child shall have the right:
(a) To bear the surnames of the father and of the mother;

(b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and

68; and

(c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his

favor.

Article 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish

paternity and confer upon each the right inherit from the other exclusively in accordance with Article 94,

provided the following conditions are complied with:

(a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the

child who does not impugn it; and

(b) The relations does not appear impossible by reason of disparity in age.

Article 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a

legitimate child under Muslim law, except that said person may receive a gift (hiba).

Executive Order no. 209, Most of the titles will be discussed in the agreements of the TWO SIDES.

TITLE I

MARRIAGE

Chapter 1. Requisites of Marriage( ranging from Article 1-26)

Chapter 2. Marriages Exempted from License Requirement( ranging from Article 27-34

Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 68-73)

TITLE IV

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions(ranging from Article 74-81)

Chapter 2. Donations by Reason of Marriage(ranging from Article 82-87)

Chapter 3. System of Absolute Community(ranging from Article 88-148)

TITLE V

THE FAMILY

Chapter 1. The Family as an Institution(ranging from Article 149-162)

" PLEASE READ THESE LAWS FOR YOU TO UNDERSTAND!!! Mr. Brave Yankee 87"

Will serve as BASIS for HAVING ""NO CONFLICT DIVORCE". and these laws will be also under in the

AGREEMENT of the DIVORCE. Purpose of the LAWYERS is to HAVE PEACEFUL, " NO CONFLICT", and

NOT to HURT FEELINGS OF THE BOTH SIDES. They are paid because of what they did, and THEY ARE

LEGAL!!!!!

You know Mr. Brave Yankee 87, Do you know what is a PARAMETER??????...

As, Mr. JEMUAL said : "Parameter is a extent wherein you are not or only allowed to debate. The

exclusions of the parameters are not to be discussed and it will be the job of the government side(pro)

to give out parameters."

ME, MYSELF and I have the RIGHTS to GIVE PARAMETERS for the DEBATE, and I DID NOT INCLUDE

ANY RELIGIOUS CONOTATIONS. You can't include religious conotations because of the PARAMETER Mr.

Brave Yankee 87. And also I am in the GOVERNMENT SIDE or what we call "pro" and I gave the

PARAMETERS and IT IS VERY CLEAR FOR YOU.


And Mr. Brave yankee 87, FOCUS THE SITUATIONS happening IN THE PHILIPPINES NOT IN THE

AMERICA.

" I STRONGLY BELIEVE THAT DIVORCE SHOULD BE LEGALIZED IN THE PHILIPPINES "

With that, I end my speech.

Thank you.

ABSTRACT

Divorce should be legalized


in the Philippines

March 21, 2013


(Date Submitted)
I. Introduction

Marriage is meant to last forever and vows usually include the phrase, “’til death do us part”.

These are the words that most of us believed. Marriage is regarded as a sacred union between a

man and a woman, thus, it must be cherished and valued with love. But what if the love that a couple

once shared together fades away? What if the love becomes weak and unstable as time passes

by? What if everything changes and a person started to live a life full of misery? One of their options

to solve these problems would be the divorce. It should be implemented in the Philippines. Present

situation demands it. Reality tells us that there are many failed, unhappy marriages across the

nation. Marriage is never as blissful as people expect. Divorce is never as devastating as people

imagine.

Divorce gives people a fresh start to lead better lives. Living in a marriage where love,

respect, friendship, and compatibility are gone is a life without hope. Let us think about other people

suffering due to unhappiness brought by their marriage. What is the sense of being binded by a

piece of paper when it is actually ruining your whole life? Divorce nullifies marriage, therefore, giving

couples the freedom to remarry and to escape from an unhappy relationship. Divorce should be

legalized in the Philippines.

II. Background of the Paper

This research paper entitled “Divorce should be legalized in the Philippines” aims to convince

the readers by presenting different evidences that could change the reader’s perspective regarding

the issue. The pieces of evidence that we gathered are from the articles of Evelyn Ursua (Positively

Filipino) and Anne Umil (Bulatlat) entitled “Why the Philippines needs a divorce law?” and “Divorce

bill, providing a remedy for women in abusive marriages”, an excerpt from Sen. Pia Cayetano’s

privilege speech, annual comparative statistics on violence against women (2004-2011) and a poll
result in an online website. The purposes of this research study are to define divorce and its

concepts and to better understand the benefits of divorce when legalized in the Philippines. This

paperwork also intends to review the issues and arguments that are being raised by the Filipinos.

Also, this aims to clarify points about the issue. This paper covers the situation of fail and unhappy

marriages in the country. Beyond all, this research paper is made to encourage and persuade the

Filipinos to support the legalization of divorce in the country.

A divorce is a legal action between married people to terminate their marriage relationship.

It can be referred to as dissolution of marriage and is basically, the legal action that ends the

marriage before the death of either spouse. The purpose of a divorce is to terminate the parties’

marriage. Marriage is a legal contract or a social union that unites people of the opposite sex who

agree to live as a husband and a wife. It is a binding contract between two people who decide to

join their lives, income and possessions. Marriage relationship forms a family unit that consists of a

father, mother and children. It is also an institution where people acknowledge interpersonal

relationships, which is usually sexual and intimate. Most people and cultures formalize a marriage

union through a wedding ceremony. Reasons for marriage include emotional, social, legal, religion

and spiritual obligations. An annulment is legal decree that states that a marriage was never valid.

The legal effect of an annulment is to void the marriage as though it never existed. Cases where

annulments have been granted in the past based on fraud includes citizenship, sexual relationship,

character, honesty, health, financial, and religion

III. Body

Divorce has become one of the major issues in our society for the past years. The social

acceptability of divorce has varied widely across historical periods, religious faiths, and cultures but

not in the Philippines. Other than the Vatican City, Philippines is the only nation that outlaws divorce.

The Philippines is known for being a strong Christian nation, with over 80% of its population

as Roman Catholics. They are the group that is known to be against the divorce issue. According to

the article from Positively Filipino Magazine entitled “Why the Philippines Needs a Divorce Law” by

Evalyn Ursua, the Catholic Church will be the greatest opponent of the divorce bill. It was once argue
against the bill on moral grounds. But the Catholic Church does not need to worry. The institutions

of marriage and the family have survived to this day, as they will survive a Philippine divorce law.

We are a secular state, where no religious group has the right to define law or policy for the entire

population. The law should only give people a choice, to be exercised according to their own

personal beliefs.

We can clearly see that our Catholic orientation has been a dominant factor. Divorce is

something that we should adopt. Remember that Spain is the root of Christianity yet divorce had

been implemented. They are now benefiting from it. A lot of people fear that divorce might erode the

values and teachings of the Catholic Church. The cases of Italy and Spain (two Catholic countries

which practice divorce) are clear evidences of its invalidity. In accordance with House Bill No. 1799

filed by the Gabriela Women’s Party last July 27, 2010, Italy had only 7% while Spain registers 15%

of divorce rate. In addition to that, over 90% of the poll respondents are in favor of divorce. In an

official poll that ran from December 19 to January 3, 92.44 percent or 40,414 voted “Yes” to the

question, “Are you in favor of divorce in the Philippines?” This shows that the public, regardless of

their marital status, is now more open to accept the possibility of divorce. Everyone should have the

right to escape from a bad marriage and be happy again. Falling into wrong decision actually

happens. If we legalize divorce in our country, people with fail marriage will be given a chance and

freedom to choose the right one for them so they will not have to suffer from a marriage that is not

working anymore. Moreover, there’s no assurance that people who get divorced want to find a new

spouse.

Everyday, there are Filipinos who get married, bear children, separate and get into other

relationships, regardless of what the law says. The lack of a divorce law for Filipinos complicates

further the marital and family problems of many Filipinos. Our Government has clearly failed to

respond to their needs. If the country wants to move forward, it has to confront the realities of marital

and family life of Filipinos in the Philippines. Let’s give other people another chance to live life with

their desired happiness. The divorce law needs to be legalized in the Philippines now.

The researchers also put forward the claim that the process of Annulment is allowed in the

Philippines but why not divorce? After all, Annulment and divorce are just the same – it targets
separation. However, Annulment only allows a legal separation through a legal settlement. This will

not allow any of the parties to remarry. Because of the Family Code, some Filipinos think that we do

not need a divorce for it already provides to cease a marriage through “annulment”. This argument

misleads. The remedy of annulment is based on specified grounds that occurred at the time of the

celebration of the marriage, such as lack of parental consent and vitiated consent. The remedy of

annulment expires, and the defect may actually be cured by ratification through free and voluntary

cohabitation (Positively Filipino, 2013).

When lay people speak of “annulment” as a means of terminating a marriage, they actually

refer to the remedy under Article 36 of the Family Code. Article 36 declares that a marriage is void

from the beginning when one or both spouses are psychologically incapacitated to perform the

essential marital obligations. Under Article 36, a court does not terminate a marriage but only

declares it void. One must prove psychological incapacity by presenting evidence on three essential

elements of the condition: that it already existed before the marriage; that it is grave or serious; and

that it is incurable. To do this, one usually needs the help of a psychiatrist or psychologist to testify

as an expert witness (Positively Filipino, 2013). Article 36 of the Family Code only nullifies a marriage

when one has proved that he or she is psychologically incapacitated (Bulatlat, 2011). Therefore,

annulment has no defined grounds and terms for terminating a marriage. Here is why the writers

assert that divorce should be implemented in the Philippines.

In support to this, Senator Pia Cayetano once stated in her privilege speech, “I’ll tell you why.

I’ve talked to lawyers, psychologists and psychiatrists and it’s so traumatic to go through annulment

because under our Philippine laws, you have to blame someone, you have to say you’re

incapacitated, you’re saying that this marriage never existed, which is not true,”

A divorce law will provide a remedy that Article 36 does not. Divorce does not concern itself

with validity or invalidity of a marriage. It terminates a marriage based on a ground that occurred

during the marriage, which makes the marital relationship no longer tenable, regardless of the

spouse’s psychological constitution. A divorce law will provide a straightforward remedy to a marital

failure. It will benefit Filipinos wherever they are.


Conforming to an article (Bulatlat, 2011), an annulment case takes two years or longer to

arrive at a conclusion. It could reach P250, 000 which includes attorney fees, court docketing fee

and filing fees, etc. In 2010, a little over 7000 couples were granted annulment; most of these are

well-to-do, because it takes a lot of money to have an annulment (Wordpress, 2011). A blogger

whose marriage is annulled claims that she disbursed P100, 000 for the judge, solicitor general and

initial investigator, as well as everybody involved in the case since her annulment case is not moving

after one year. After shelling out P100, 000, the case was concluded within a month. The total cost

of the process was P175, 000 (Bulatlat, 2011). Thus, if the law is passed, divorce will be cheaper

than annulment.

Given the fact that most of the people in our country are financially challenged to stop

unhealthy married life, divorce is the way to get peace out of a futile marriage. Divorce is the answer

for both men and women who feel used, battered or tortured mentally in their marriage. Today,

divorce is one way to lessen violence. Annulment is just a legal separation and does not allow

women to have a right to be happily remarried. This completely rejects the idea of new life-- divorce

does.

The last and final argument that the researchers want to specify is the increasing rate of

battered wife in the Philippines. The most common violence against women in the Philippines is the

intimate partner violence – but married women in the Philippines have no way out. The abuse can

be verbal, physical or psychological.

According to the Annual Comparative Statistics on Violence against Women (2004 – 2011),

wife battery ranked highest at 49% of all forms of violence and abuse against women. This is one

of the reasons why divorce should be legalized in the Philippines. Women, nowadays, lack

confidence because they know that there are no laws to support them. Couples remain living

together due to the lack of a law that would allow them to legally and properly part ways, and seek

the peace and happiness that they couldn’t find in their present partner. It would be best for a couple

to part ways rather than to live together under one roof and sin through their violence that will affect

and traumatize the innocent children. In millions of households, both men and women who are
trapped in marital commitment constantly quarrel, often in front of their helpless children who grow

up in a confused and violent environment. Often, men turn to other women and bear illegitimate

children, and then abandon their legal wives and children because of laxity of laws that should have

held them accountable.

As stated in an article entitled “Philippines needs divorce law.” by Val G. Abelgas, “It is not a

coincidence that those pushing for the divorce bill in Congress are women. It is also not a

coincidence that all over the world, a big percentage of those filing for divorce are women. It is not

difficult to understand that in most failed marriages, it is the women who suffer more – victims of

domestic abuse and violence, and neglected or abandoned by philandering or alcoholic husbands.”

Many of these women suffer in silence in the Philippines. And yet, they are confined to their hopeless

situation because of the lack of a divorce law. It is obvious that most of people who are in favor in

legalization of divorce in Philippines are women. We cannot deny the fact that they are the usual

victims of abusive marriages.

Divorce might be the solution to these problems. It could provide protection to the battered

women and their children. It could save a wife from being beaten daily by a drunken husband.

Divorce wouldn’t necessarily destroy the foundation of the family. It gives hope to the couples to

rebuild their lives and have a normal relationship. It’s a reality that many are suffering from abusive

marriages. Why let someone be stuck in a marriage where love and respect don’t exist anymore?

Why deny them the chance to regain their liberty and happiness? Not legalizing divorce is a total

injustice to these people.

IV. Counter Argument

The opponents, particularly the Catholic Church, claim that “What God has put together, let

no man put asunder” or “Marriage is sacred, what was bound by God can't be dissolved by man”.

They believe that God did not make man and woman to be united and then separated if they got

into some problems. For this reason, Catholic Church argues that divorce is contrary to the law of

God, “Divorce breaks the contract to which the spouses freely consented to live with each other till

death”. Therefore, people who opposed the divorce bill think it was only men who want it, not God.
Furthermore, “moralists” feel that the divorce bill will just result to the breakdown of families.

They concede that strong family foundation is the backbone of a stable society. Divorce threatens

this foundation that can lead to the erosion of the society. It weakens the bond between the couple

that tends to lessen the chance of facing the hardships and difficulties of a married couple. This

instability of the families may yieldto the rearrangements and readjustments of the familial

relationships that may bring psychological problems to the children. Children will become

maladjusted and potentially harmful or destructive adults. Hence, they suppose that divorce will

make the value and institution of marriage meaningless.

Moreover, critics said that divorce is unconstitutional. They contended that it is stated in the

1987 Philippine Constitution that “Marriage is an inviolable social institution, is the foundation of the

family and shall be protected by the State”. Divorce will be a threat against the family which the

constitution pledged to protect as an inviolable institution. Therefore, to be able to allow divorce, the

constitution would need to be amended first.

V. Conclusion

We, the researchers, therefore conclude that divorce should be legalized in the Philippines

because couples should have the option to choose for remedies that will help them in obtaining their

self actualization. The remedy is divorce. They should have the right to escape from marriages that

they entered before and let them live a new and happy life. Given the aforementioned evidences,

the researchers strongly claim that legalizing divorce would be a big help for Filipinos. The

lawmakers should prioritize the divorce bill because the existing laws are not enough to address

their needs. What we need is a divorce law that defines clearly and unequivocally the grounds and

terms for terminating a marriage. Life is too short to be married to someone you don’t want to be

married to. Divorce is a choice and we all should have the freedom to make choices.

Simplify the divorce process and let the couples continue on with their lives in to find the partner

they will be happy with to live their lives. Furthermore, in cases where a union is more harmful than

beneficial, a divorce can be a benevolent and less hurtful way of severing ties with your partner.

When the marriage is no longer viable, divorce should be an option.


.

References

Abelgas, V.G. (2012, May 29). Philippines needs divorce law. Global Balita. Retrieved from

http://globalbalita.com/2012/05/29/philippines-needs-divorce-law/

Umil, A.M.D.(2011, June 14). Divorce bill, providing a remedy for women in abusive

marriages. Retrieved from http://bulatlat.com/main/2011/06/14/divorce-bill- providing-a-

remedy-for-women-in-abusive-marriages/

Ursua, E.G. (2013, February 1). Why the Philippines needs a divorce law? Positively Filipino

Magazine. Retrieved from http://positivelyfilipino.com/magazine/ 2013/2/why-the-philippines-

needs-a-divorce-law
Statistics on violence against Filipino women. Philippine Commission on Women. (2012,

October 2). Retrieved from http://pcw.gov.ph/statistics/201210/statistics- violence-against-

filipino-women

Over 90% of poll respondents favor divorce in PH. Inquirer News. (2013, January 3). Retrieved

from http://newsinfo.inquirer.net/334579/over-90-of-poll-respondents- favor-divorce-in-ph

ABSTRACT: http://www.positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-

divorce-law

Two completely opposite divorce bills are pending in the House of Representatives. Marikina’s
Rep. Marcelino Teodoro filed an “Anti-Divorce and Unlawful Dissolution of Marriage Act,”
seeking to guarantee a ban on any law facilitating or recognizing divorce. Another bill
coauthored by Gabriela Representatives Luzviminda Ilagan and Emerenciana de Jesus would
amend the Family Code to include a divorce provision. It is backed by no less than Speaker
Feliciano Belmonte. Following the enactment of the reproductive health law, the divorce bills
promise to stir up a new controversy involving the Catholic Church and its supporters. Below is
an op-ed supporting the legalization of divorce. This won’t be the last we’ll hear on the subject
from either side. –Editors)

P eople who say that divorce is not advisable for the Philippines forget or ignore our

history. The ethno-linguistic communities of the Philippine archipelago before the


Spanish conquest practiced divorce. We had a divorce law from 1917 until August 30,
1950, when the Civil Code of 1950 took effect. The latter law prohibited divorce for
Filipinos, and the prohibition continues under the present Family Code. But Muslim
Filipinos have always practiced divorce, which Philippine law allowed. Today, divorce
continues to be available to Muslim Filipinos under the Code of Muslim Personal Law
of the Philippines (Presidential Decree No. 1083), promulgated in 1977.

So to say that divorce does not exist in present Philippine law is not accurate. The
prohibition against divorce under Philippine law applies only to Filipinos whose
marriages are not governed by the Muslim Code. Since Philippine law on marriage
applies to all Filipino citizens even though they are residing in a foreign country, the
prohibition against divorce for non-Muslim Filipinos is also a concern of Filipino
expatriates.

We are the only country in the world that has no divorce law for all its citizens
regardless of religious belief or affiliation.
Some think that we do not need a divorce law because the Family Code, which applies
to non-Muslim Filipinos, already provides for the termination of marriages through
“annulment.” This argument misleads. Annulment is a legal term that has a specific
meaning. The remedy of annulment is based on specified grounds that occurred at the
time of the celebration of the marriage, such as lack of parental consent and vitiated
consent (as when a person married another at gunpoint). The remedy of annulment
expires, and the defect may actually be cured by ratification through free and voluntary
cohabitation.

Gabriela representatives Luzviminda Ilagan (above) and Emerenciana de Jesus are planning to include a divorce provision in the
Family code. (Photo by Ruby Thursday More/AKP Images)

Misconceptions About Annulment

When lay people speak of “annulment” as a means of terminating a marriage, they


actually refer to the remedy under Article 36 of the Family Code. Article 36 declares
that a marriage is void from the beginning when one or both spouses are
psychologically incapacitated to perform the essential marital obligations. Under
Article 36, a court does not terminate a marriage but only declares it void. One must
prove psychological incapacity by presenting evidence on three essential elements of
the condition: that it already existed before the marriage; that it is grave or serious; and
that it is incurable. To do this, one usually needs the help of a psychiatrist or
psychologist to testify as an expert witness.

But what if the marriage worked in the first ten years, but later the parties drifted apart
for some reason or another? What if the other spouse was violent, unfaithful, indolent,
or an alcoholic or a drug addict? What if one spouse abandoned the family? These may
not be used for “annulment,” or for a marriage to be declared void under Article 36,
unless it can be proved that these are manifestations of psychological incapacity that
predated the marriage.
A divorce law will provide a remedy that Article 36 does not. Divorce does not concern
itself with validity or invalidity of a marriage. It terminates a marriage based on a
ground that occurred during the marriage, which makes the marital relationship no
longer tenable, regardless of the spouse’s psychological constitution. A divorce law will
provide a straightforward remedy to a marital failure. It will benefit Filipinos wherever
they are.

“The law should only give people a choice, to be exercised according to


their own personal beliefs.”

Pending Bill

A divorce bill has been pending in the House of Representatives for the last six years,
sponsored by the representatives of the Gabriela Women’s Party. The bill lists five
grounds for divorce, among them: when the spouses have been separated in fact for at
least five years or have been legally separated for at least two years, and their
reconciliation is highly improbable; when any of the grounds recognized by law for
legal separation has caused the irreparable breakdown of the marriage. The bill has not
progressed beyond the Committee level because the energies of many were focused on
the reproductive health bill that was recently passed into law.

There is no more time to pass a divorce law in the current Congress since elections are
scheduled in May. But the bill will be filed again in the next Congress. Can it
pass? Yes, definitely, eventually, with the support of enlightened Filipinos. The lesson
we have learned from past initiatives is that a relevant and much-needed measure that
has strong popular support will pass. Just as sustained citizen support carried the day
for the reproductive health bill, so too will strong popular support make possible the
enactment of a divorce law. People have to make their voices heard in support of the
divorce bill.

It is time to give the remedy of divorce to those who need it, even as we respect the
decision of those who want to stay married despite their miserable marital life. To be
sure, the Catholic Church will be the staunchest opponent of the divorce bill. It will
once again argue against the bill on moral grounds. It will invoke the constitutional
provision directing the State to protect marriage and the family, and another that refers
to the sanctity of family life. But these constitutional provisions were never intended to
prohibit Congress from legalizing divorce.
Church Need Not Worry

The Catholic Church need not worry. The institutions of marriage and the family have
survived to this day, as they will survive a Philippine divorce law. We are a secular
state, where no religious group has the right to define law or policy for the entire
population. There is not one but a plurality of beliefs in Philippine society. The law
should only give people a choice, to be exercised according to their own personal
beliefs.

Every day, Filipinos get married, bear children, separate and get into other
relationships, regardless of what the law says. The lack of a divorce law for non-
Muslim Filipinos complicates further the marital and family problems of many
Filipinos. Our government has clearly failed to respond to their needs. If the country
wants to move forward, it has to confront the realities of marital and family life of
Filipinos in the Philippines and abroad. It has to pass a divorce law now.