Legalizing Divorce in the Philippines

Ma. Josebelle S. Bagulaya Gerard Lacs A. Concepcion

THESIS STATEMENT
Although the Philippines is a predominantly Christian country and may be against divorce, there are certain grounds that it should be legalized.

Divorce
A court decision dissolving a legal marriage and giving the concerned parties the right to remarry.

Types of Divorce
1) No-fault divorce there is no need to prove that one party was abused by the other 2) Fault divorce based on grounds defined by law and which need to be proven

THREE PRIMARY SUPPORTS

1) Current laws for separation are flawed and inadequate

2) A recourse for women in abusive relationships 3) People are in favor of divorce

Current laws are flawed

1) Annulment marriage was void from the beginning 2) Legal separation allows a couple to divide their properties and live apart without dissolving the marriage 3) Declaration of nullity of marriage null and void from the start

Seeking to annul a marriage is an option that is open only to the rich ( P150,000 P300, 000) Psychological incapacitated is most used and abused ( needs psychiatric report) does not recognize grounds such as alcoholism, infidelity, physical abuse and drug addiction, etc.

Wife battery ranked highest at 6,873 or 72% (PNP, 2009) From 1997-2009, physical injuries and/or wife battering remains to be the most prevalent case accounting nearly half (45.5%) of the Violence Against Women crimes Husbands accounted for 28% of the VAW crimes

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.

CONCLUSION
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.