Proposition DIVORCE

Proposition
Let it be resolved that:

Divorce be allowed in the Philippines
 Sanctity of marriage is not abolished by allowing divorce in the

Philippines
 By allowing divorce in the Philippines does not end the “steadfast
commitment of the state to protect and preserve marriage.”
 Filipino family is still strengthened.
 Those who anticipate the passage of the Divorce bill is merely looking
for a legal option.
 Currently, the only legal recourse available to Filipinos who want to exit a
failed union is through an annulment or a petition for legal separation.
These two options have different grounds and end results.
 If passed in the Congress, this bill will not be the end-all, it does not in
any way form a hindrance to those who are happily married.
 In a country where a recent survey showed more than half of Filipinos
are in favor of allowing divorce "for irreconcilably separated couples."
 An average of 53 percent of adult Filipinos nationwide support the
legalization of divorce for irreconcilably separated couples, based on the
Social Weather Stations surveys of March 25-28, 2017 and December 8-
16, 2017. The survey also showed “very strong” net agreement among
women with live-in partners, men with live-in partners, and
widowed/separated men.
 Clamour of women trapped in abusive relationships --- who needs the
government to give them a means out of irreparable marriages.
 Philippine Daily Inquirer in an interview with a married woman who also
supports the passage of divorce bill in the Philippines said, "These
women, even if they're in an abusive relationship where their husbands
would batter them, even if their husbands are drunkards or are alcoholic
or engage in extramarital affairs, even if they do drugs — their wives are
unable to dissolve the marriages,"
 Annulment is costly.
 Annulment is generally expensive. Cost of annulment ranges from a half
a million to possibly a million.
 The system discriminates against those who cannot afford to hire
lawyers and pshychiatrists.
 Poor people are trapped in for years in an abusive marriages; it is not
uncommon for the rich to have more than one marriage annulled.
 Annulment proceedings is tedious

 Annulment - can last up to ten years or worse considering that justice
system in the Philippines is slow.
 Annulment is an expensive and a tedious legal battle, especially if one
party is not cooperating and is against the petition.
 Philippines remains "pretty much behind the rest of the world."

 Philippines is in the “dark ages” — when it comes to issues like divorce
and LGBT rights.
 Worldwide, divorce is only illegal in the Philippines and Vatican City.
 In this changing times, there is a need to pass a law legalizing divorce in
the Philippines.
 Divorce Law is not new in our country

 In the case of Republic v. Manalo (GR No. 221029)
To quote directly from the SC Decision:
“Notably, a law on absolute divorce is not new in our country. Effective March
11, 1917, Philippine courts could grant an absolute divorce on the grounds of
adultery on the part of the wife or concubinage on the part of the husband by
virtue of Act No. 2710 of the Philippine Legislature.
“On March 25, 1943, pursuant to the authority conferred upon him by the
Commander-in-Chief of the Imperial Japanese Forces in the Philippines and with
the approval of the latter, the Chairman of the Philippine Executive Commission
promulgated an E.O. No. 141 (‘New Divorce Law’) which repealed Act No. 2710
and provided 11 grounds for absolute divorce such as intentional or unjustified
desertion continuously for at least one year prior to the filing of the action,
slander by deed or gross insult by one spouse against the other to such an
extent as to make further living together impracticable, and a spouse’s incurable
insanity.
When the Philippines was liberated and the Commonwealth Government

was restored, it ceased to have force and effect and Act No. 2710 again
prevailed. From August 30, 1950, upon the effectivity of Republic Act No. 386 or
the New Civil Code an absolute divorce obtained by Filipino citizens, whether
here or abroad, is no longer recognized.
“Through the years, there has been constant clamor from various sectors of
the Philippine society to re-institute absolute divorce. As a matter of fact, in the
current 17th Congress, House Bill (HB) Nos. 116, 1062, 2380 and 6027 were
filed in the House of Representatives. In substitution of these bills, H.B. No. 7303
entitled “An Act Instituting Absolute Divorce and Dissolution of Marriage in the
Philippines” or the Absolute Divorce Act of 2018 was submitted by the House
Committee on Population and Family Relations on February 28, 2018. It was
approved on March 19, 2018 on Third Reading – with 134 in favor, 57 against,
and 2 abstentions.
 There should be separation of the Church and State

 One of the reasons why the divorce bill could not even pass in the House
of the Representative or in the Senate -- there is a strong resistance
from the Catholic Church.
 Measures to legalize divorce in the country have been introduced by
lawmakers though. However, advocates of this measure face a powerful
adversary -- the Catholic Church.
 Philippines should be a secular state where there should be separation
of church and state where the Catholic Church should not be able to
influence our congressmen and senators’ religious beliefs in the passage
of laws.
 It is perhaps Spain’s legacy to the country that even after the Philippines
was free from their colonization, Filipinos embraced the Catholic faith,
which up to now has a big influence on the country's way of life and
government policies.
 Notably, during election period, Most of the senators and congressmen
need the support of the Church.
 Divorce Act of 2018 - a senate bill filed by Senator Risa Hontiveros is

currently pending in the Senate

Proposition DIVORCE

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Proposition

Let it be resolved that:

 Sanctity of marriage is not abolished by allowing divorce in the

 Annulment proceedings is tedious

 Philippines remains "pretty much behind the rest of the world."

 Divorce Law is not new in our country

To quote directly from the SC Decision:

When the Philippines was liberated and the Commonwealth Government

 There should be separation of the Church and State

 Divorce Act of 2018 - a senate bill filed by Senator Risa Hontiveros is

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