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    Debate Divorce

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    Ela 15
    The document argues that divorce should be legalized in the Philippines for several reasons. First, it claims that divorce is necessary to help those suffering from abuse, as statistics show that many women experience violence from their partners. Second, it argues that divorce provides better relief for petitioners compared to existing options like legal separation and annulment, which are lengthy, expensive processes that do not always terminate the marriage. Divorce would establish clearer grounds for termination and a faster judicial process. However, some may counter that divorce could be seen as the "easy way out" of marriage.

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    Debate Divorce

    Uploaded by

    Ela 15
    154 views4 pages
    The document argues that divorce should be legalized in the Philippines for several reasons. First, it claims that divorce is necessary to help those suffering from abuse, as statistics show that many women experience violence from their partners. Second, it argues that divorce provides better relief for petitioners compared to existing options like legal separation and annulment, which are lengthy, expensive processes that do not always terminate the marriage. Divorce would establish clearer grounds for termination and a faster judicial process. However, some may counter that divorce could be seen as the "easy way out" of marriage.

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    The document argues that divorce should be legalized in the Philippines for several reasons. First, it claims that divorce is necessary to help those suffering from abuse, as statistics show that many women experience violence from their partners. Second, it argues that divorce provides better relief for petitioners compared to existing options like legal separation and annulment, which are lengthy, expensive processes that do not always terminate the marriage. Divorce would establish clearer grounds for termination and a faster judicial process. However, some may counter that divorce could be seen as the "easy way out" of marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    154 views4 pages

    Debate Divorce

    Uploaded by

    Ela 15
    The document argues that divorce should be legalized in the Philippines for several reasons. First, it claims that divorce is necessary to help those suffering from abuse, as statistics show that many women experience violence from their partners. Second, it argues that divorce provides better relief for petitioners compared to existing options like legal separation and annulment, which are lengthy, expensive processes that do not always terminate the marriage. Divorce would establish clearer grounds for termination and a faster judicial process. However, some may counter that divorce could be seen as the "easy way out" of marriage.

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    PRO DIVORCE

    CLAIM 1: It will be beneficial to spouses suffering from abuse

    I am pro divorce because according to the family code of the Philippines, “Marriage 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.” Marriage, being a contract, has obligations which are “to live
    together, observe mutual love, respect and fidelity, and render mutual help and support.” Once the
    contract agreements have been breached especially if the relationship has already been progressing into
    an abusive one, it is only right to dissolve the agreement.

    According to the 2017 National Demographic and Health Survey, one in four formerly married women
    aged 15-49 has experienced physical, sexual or emotional violence by their husband or partner. One in
    five women experienced emotional violence, 14 percent experienced physical violence, and five percent
    experienced sexual violence by their husband or partner.

    Despite the presence of The Republic Act No. 9262 or The Anti-Violence Against Women and Their
    Children Act of 2004, this doesn’t ensure the dissolution of marriage and it is only applicable to legal
    separation which doesn’t allow remarriage. According to Atty. Hanna Bravo, VAWC isn’t an automatic
    ground for separation because you still must file a criminal case unlike under the divorce bill wherein
    even without the conviction, if there’s an act, it is already acceptable.

    REFERENCES:

    https://psa.gov.ph/content/one-four-women-have-ever-experienced-spousal-violence-preliminary-
    results-2017-national

    https://www.smartparenting.com.ph/life/love-relationships/divorce-law-philippines-a704-lf-sa00177-
    20190414-src-cosmo-lfrm

    http://hrlibrary.umn.edu/research/Philippines/Exec.%20Order%202009%20-%20The%20Family
    %20Code.pdf

    CLAIM 2: Divorce provides relief and better end results for the petitioner compared to the already
    present legal termination of marriage.

    Legal termination of marriage is available in the Philippines. However, these means are costly, time
    consuming and won’t guarantee the termination of the contract. Aside from that, these options have
    different grounds and don’t have the same results.

    The grounds for the proposed divorce bill are:

    1. The grounds for legal separation under Article 55 of the Family Code of the Philippines, modified
    so as the physical violence or grossly abusive conduct need not to be repeatedly done to be
    considered as a ground. Unlike under legal separation which requires the physical abuse to be
    repetitive, under the proposed divorce bill, only once is enough.
    2. Grounds for annulment of marriage under Article 45 of the Family Code of the Philippines,
    provided that the grounds mentioned in numbers 2, 5 and 6 existed during or after the
    marriage.
    3. Psychological incapacity of either spouse under Article 36 of the Family Code of the Philippines,
    modified to allow it to be a ground for divorce whether the incapacity was present at the time of
    marriage or after.
    4. All acts under section 5 of Republic Act No. 9262 or Violence Against Women and Their Children
    Act of 2004
    5. The crime of rape against the petitioner before the marriage. According to Atty. Bravo, this
    ground is for those who decided to marry the person who raped them. Under our currently
    existing laws, the offense would be erased if the victim decided to marry the person who raped
    them. With this ground under divorce, the victim can now file a case against the person who
    raped them even after marriage.
    6. When one of the spouses has been sentenced by final judgement under Republic Act No. 9262,
    Republic Act No. 9995 and Republic Act No. 9775. These laws are for those who are abused
    physically, mentally, emotionally and sexually, whether the petitioner is the spouse or their
    common child.
    7. When the spouses are legally separated for at least 2 years
    8. When the spouses have been separated for 5 years upon the filing for divorce.
    9. Irreconcilable marital differences

    The grounds stated above shows that it will be cheaper compared to the current options for legal
    termination of marriage. According to Atty. Bravo, it will be more expensive if the grounds are
    harder to be proven and under the divorce bill, the grounds are all based on the experience and the
    act itself.

    Under section 9 of the proposed divorce bill (summary judicial proceedings), it is also stated that it
    will be a faster process because it will be considered as a priority by the court. The faster the
    process, the cheaper it is.

    REFERENCES:

    http://www.congress.gov.ph/legisdocs/first_17/CR00640.pdf

    https://www.smartparenting.com.ph/life/love-relationships/divorce-law-philippines-a704-lf-sa00177-
    20190414-src-cosmo-lfrm

    http://hrlibrary.umn.edu/research/Philippines/Exec.%20Order%202009%20-%20The%20Family
    %20Code.pdf

    CLAIM 1:

    EVIDENCE (stats, analogies, references):

    CLAIM 2: It may be argued that it may be seen as the “easy way out”

    EVIDENCE:
    Divorce may

    ANNULMENT Vs. DIVORCE

    ANNULMENT

    - lack of parental consent


    - psychological incapacity
    - consent was fraud
    - marriage by force or intimidation
    - inability to consummate the marriage
    - if one party has contracted a sexually-transmissible disease

     Varying judicial interpretations as to what constitutes psychological illnesses as well as the lack
    of appreciation of evidence of physical, emotional and psychological abuse. 
     Expensive (approx. P250,00)
     Takes too long (1 to 10 yrs.)
     Can’t guarantee that it will be granted
     Allows remarriage

    LEGAL SEPARATION

    - repeated physical abuse from partner


    - coercion to change religious or political affiliation
    - attempt of respondent to corrupt petitioner or their child to engage in prostitution
    - respondent meted with imprisonment of more than 6 years
    - drug addiction of spouse
    - lesbianism or homosexuality
    - bigamous marriage
    - sexual infidelity or perversion
    - attempt against the life of spouse
    - abandonment without justifiable cause for more than a year
     doesn’t allow remarriage

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