Philosophy Argument: Marriage Contract Expiration Proposal Should Not Be Passed as a Law

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  • Topic: Marriage, Annulment, Marriage Act 1753
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Marriage contract expiration proposal should not be passed as a law

Agatha Cristy V. dela Cuesta

PHILOSOPHY I

MHD1

Reynaldo Imperial

Introductory

The Filipino family is acknowledged as the basic unit of society and it cannot be denied that marriage is the foundation of most Filipino families. Marriage and families cannot be treated separately and impose policies on one and not think about the other. President of the 1-Babae Astig Aasenso (1-ABAA) party-list group, Margie Tajon suggests that the proposal for 10-year expiration on Marriage would strengthen marriage and not destroy it. Tajon said in an interview at ANC, that this would allow couple to reassess the status of their relationship. One of her arguments states that it would benefit incompatible pairs who would have to undergo a tedious and lengthy process to annul their marriage.

I. Examine the Statement of the Policy

Policy statement: Marriage contract expiration proposal should not be passed as a law

A. The conclusion contains empirical concepts in the evaluative proscriptive form ‘should not’.

B. The term ‘Marriage’ refers to a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found. Such a union, often formalized via a wedding ceremony, may also be called matrimony.

C. The term ‘contract expiration’ refers that the agreement made is bound to be ended on a specified time. It also means termination of contract, it is something to do for it to simply happen.

D. The term ‘proposal’ is basically document that explains your project in detail, in addition with the strategy and tactics you plan to do to attain its completion.

E. The term ‘law’, in general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts.

II. Analysis of the Claim of the Conclusion

A. The claim of the policy is not passing the proposed law that marriage contract should have expiration just like any other contract. Husband and wife should have the authority to end their marriage not the contract they signed to force them to end.

Empirical Assumption no. 1

Philippines have its own way to end marriages. Annulment is a legal procedure for declaring a marriage null and void. It is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.

Empirical assumption no. 2

Almost all, if not all, other countries have divorce law which they use to end bad marriages. Divorce is merely a process of unmarrying people who have been married. It is an official recognition that their marriage is a failure therefore has more for terminating than continuing. (Source: Marriage and the family, 1953)

B. The course of action of the policy is not forcing married husband and wife to end or break their marriage without their consent. Religious and cultural aspect regarding marriage would be conserved and preserved.

C. Required Justification

1. Deontological Justification

The nature of the act alone is good, right or just itself, without considering the consequence of the act by offering the moral principle that the act is instantiation of. Without forced marriage termination, civil right claim is conserved and the moral from the point of view of religion is also right. Executive No. 209 or The Family Code of the Philippines, chapter 2—‘Marriages Exempted from License Requirement’— is considered with prior to the proposed policy.

2. Teleological Justification

If marriage expiration is not passed as a law then families, especially husband and wife, will not worry about their marriage termination. They...
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