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Divorce Bill Debate Statements

By thesamtamayo Feb 22, 2014 608 Words
Divorce Bill
- AN ACTINTRODUCING DIVORCE IN THE PHILIPPINES, AMENDING FOR THE PURPOSETITLE II, ARTICLES 55 TO 66 INCLUSIVE AND ARTICLE 26 OF EXECUTIVEORDER NO. 209, AS AMENDED, OTHERWISE KNOWN AS THE FAMILY CODEOF THE PHILIPPINES, AND REPEALING ARTICLE 36 OF THE SAME CODE AND FOR OTHER PURPOSES - (B) A PETITION FOR DIVORCE MAY BE FILED ON ANY OF THEFOLLOWING GROUNDS:(1) THE PETITIONER HAS BEEN SEPARATED DE FACTO FROM HIS ORHER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OFTHE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;(2) THE PETITIONER HAS BEEN LEGALLY SEPARATED FROM HIS ORHER SPOUSE FOR AT LEAST TWO YEARS AT THE TIME OF THE FILING OFTHE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE; (Amending of EO 209 (Title 2), section 2) - Good day ladies and gentlemen. In the 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. But then, reality tells us that there are many failed, unhappy marriages across all Filipino classes. Even when couples start out well in their marriage, political, economic and social realities take their toll on their relationship. - Extreme poverty, lack of education, financial problems, prolonged separation in the case of couples where one or both are working abroad, and other social ills that were not prevalent until about a few decades ago, are putting many marriages in the Philippines under tremendous pressure. - For a large number of women, the inequalities and violence in marriage negate its ideals as the embodiment of love, care and safety. Among the different forms of violence and abuse against women committed in 2009, wife battery ranked the highest at 6,783 or 72% according to the Philippine National Police. The Department of Social Welfare and Development (DSWD) likewise recorded marital violence among different forms of violence against women at 1,933. - Existing laws are not enough to guarantee and protect these rights. 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 (void from the beginning due to a particular defect; "psychologically incapacitated" you would have to state a wide range of cases in order to prove) do not cover the problems that occur during the existence of marriage. Legal separation, on the other hand, while covering the problems during the marriage, does not put an end to it." - 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 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%. - Malta, a small island nation below the Italian peninsula, is 95% Catholic while the Philippines is 81% Catholic. The passage of Malta’s divorce law left the Philippines the last holdout in the divorce issue. Whether this phenomenon is good or bad is yet to be known. - While the Roman Catholic Church claims unfounded fears that the legalization of divorce would result in the increase in the number of broken homes and marriages, it should perhaps contemplate on the distinct possibility that the millions of broken homes and marriages could reflect on its inability to nurture the moral values of its flock. - The divorce bill was first introduced in the 11th Congress, about the same time the RH bill was filed, making them the most contentious, yet unresolved measures in the last 12 years.

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