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A POSITION PAPER ABOUT THE LEGALIZATION OF DIVORCE BILL
I. Introduction Marriage is intended to last forever, and the vows generally contain the expression, "till death do us part" These are the words most of us believed in. Marriage is seen as a sacred union between a man and a woman, and so it must be revered and valued with respect. But what if the passion that a couple once shared fades away? What if love becomes fragile and unpredictable as time passes? What if something changes and a person starts to live a life full of misery? Divorce will be one of their ways to fix these problems. This can be done in the Philippines. The current condition demands this. Reality tells us that there have been many failed, unhappy marriages across the country. Love is never as blessed as people expect it to be. Divorce is never such a catastrophic thing as people think. Divorce gives people a new start to a better life. Living in a marriage where intimacy, respect, affection, and compatibility have vanished is a life without hope. A. Introduce the topic As of 2003, it was recorded that 4 out of 25 marriages in the Philippines end up in Legal Separation. Other couples decide not to legalize their separation simply because they cannot afford it. This is one of the many reasons why many politicians are pro divorce. Divorce is the legal dissolution of a marriage by court or other competent bodies (Oxford, nd.). It is way cheaper than annulment and legal separation. Philippines is the only country in the world that does not allow divorce because the Church is against it. All countries including predominantly Catholic countries in the world like Spain, Poland, and Mexico permit divorce. Maybe the Church there has opposed it, but the state has recognized the right of couples to choose the life they want (Wallace, 2013). The divorce bill has been languished in the Philippine Congress for 13 years. Although the Church is against Divorce, it should still be legalized in the Philippines because it is beneficial to battered wives, couples with unsuccessful marriages, and the children of separated couples. Divorce is beneficial to battered wives because in the Philippines, infidelity and physical abuse are not grounds for annulment. According to the Philippine Commission on Women, “physical injuries and/or wife battering remains to be the most prevalent case across the twelve-year period, from 1997–2009, accounting nearly half (45.5 percent) of all reported violence against women (VAW) cases nationwide” (p. 147). For instance, the marriage worked for 8 years, but later the husband becomes violent and unfaithful to his wife. These may not be used for annulment under Article 36, unless it can be proved that these are manifestations of psychological inability that preceded the marriage. The divorce law will provide a solution that Article 36 cannot support. “A divorce law will provide a straightforward remedy to a marital failure for it does not concern itself with validity or invalidity of a marriage and it terminates a marriage based on a ground that occurred during the marriage” (Ursua, 2013).
The divorce bill is for couples who cannot bear to live with each other for any compelling reasons. If a couple loves each other, they will not be affected by the legalization of divorce. Legalizing the divorce bill would also not break the friendship of stable and contented families—people who are against divorce claim that there is a broader path to immorality and marital infidelity. For me, this assertion is ridiculous since it is the choice of a man or a woman to remain faithful to their partner. Any legislation would not affect a person's loyalty and truthfulness to his or her husband or wife. Again, if a couple loves each other, they would not be affected by the legalization of divorce. Thus, the said proposed law would not affect their loyalty and conduct towards their spouses. Of all the reasons given above, I can honestly claim that the divorce bill should be legalized in the Philippines as soon as possible. Not only can it help the families, but it also makes it legal: remarriage, child support, and custody, division of property and debts. Divorce favors beaten wives, couples with unhappy relationships, and children of divorced couples. It must also be legalized in the Philippines. II. Counter Argument The Philippines' imposition of divorce law has been the most contentious debate and social problem for an extended period. First and foremost, the Philippines is a predominantly Catholic country. Consequently, resulting in an endless back-and-forth debate as to whether its enactment would strengthen the country's status in terms of marital separation. Endless cases of spousal abuse in households have become popular in the Philippines. According to preliminary findings from the 2017 National Demographic and Health Survey, one in four women between the ages of 15 and 49 witnessed physical, sexual, or emotional abuse from their spouses. One of the leading causes of this is the abuse of alcohol and drugs, which becomes a significant problem if the party refuses to rehabilitate and continue to abuse the substance, particularly in a country like the Philippines where the majority of cases of chronic alcoholism are left untreated, causing an unceasing problem of violence and domestic abuse in the family that can give rise to trembling. Both sides should be able to file a divorce or a separation from their partner after a certain amount of drug abuse has been achieved to rid themselves of such violence or abuse. Single parents who are unable to meet the family's needs and are separated from their partners are prevented from obtaining child support because they are already legally married. In a way, this can be seen but not limited to a “pro-women legislation” that can further protect women and their children's welfare. Married couples should have the freedom to decide if divorce is relevant or necessary. In our current generation where the Catholic Church is continuously challenged by the progressive wings of parliament and civil society, freedom has become the word most greatly associated with current social issues. Society wants to implement same sex marriage, legalization of marijuana, etc. The implementation of divorce is just another law that exercises our right to be free and to act as we desire within the purviews of our country’s laws of course. We should have the freedom to decide who we want to have a family with and who we want to spend the rest of eternity with.
2. Provide support First and foremost, what exactly is divorce and why do couples do it? Oxford Dictionaries (2015) defines divorce as “the legal dissolution of marriage by a court or other competent body”. In this, many factors can be blamed like a lack of commitment and equality in the relationship, infidelity, marrying too young, and abuse (Utah State University, 2015). But what it all really boils down to is an unhappy marriage and that is what divorce should be able to fix, if ever it would be allowed. If a person is stuck in a sad, or worse, abusive marriage, then he/she should have the right to escape it. Based on the National Demographic and Health Survey conducted by the National Statistics Office, one out of five women aged 15-49 has experienced physical violence and 14.4 percent of married women have experienced physical abuse from their husbands. Statistics have also shown that wife battery ranked highest among cases of violence against women at 72 percent in 2009, affecting more than 6,000 women (Umil, 2011). On the other hand, a sad marriage is just as bad as an abusive one. According to the Philippine’s Solicitor General’s office, there were 9,117 petitions for annulment filed in 2010, 61 percent of which were filed by women. The pros of divorce definitely have good points, but the Philippine society, with its traditional mindset, is not quite ready for it. B. Assert Point #2 of Your Claims 1. Give your opinion They should not be used as an outlet for rage, nor should they ever be used to take revenge against your spouse. Don't go wrong with your ex-husband in front of your children, even if you're still angry or angry. Try not to use your children as a messenger or as a go-between, mainly when you're fighting. Children are self-centered. They think their position in things is much more critical than it is. Because of this, they sometimes believe like they have caused divorce in some way. Be sure that's not their problem. 2. Provide support Divorce in the Philippines has been an issue for several years. in fact, the Philippines is the only country in the world besides the Vatican that does not allow divorce, mostly due to religion (de Leon, 2014). Little do people know that GABRIELA Women’s Party has already proposed House Bill No. 1799 or the Divorce Bill. If signed, this bill would allow individuals to be free of their unhappy and most of the time abusive marriages and also gives guidelines for settling financial concerns as well as the custody of the children, if any. But even though people should have the right to leave a bad marriage, divorce should not be legalized in the Philippines.
IV. Conclusion As mentioned above, it is safer to legalize divorce because of the continuous violence that is taking place in households that threatens the protection of children, because the expensive choice of annulment does not make it available to all people, because the past of our country has already been divorced, and finally, because we have the right to choose if a divorce is relevant. Many good points were most likely posed in opposition to its enactment, but I agree that its benefits to the Filipino community would far outweigh its drawbacks. The re-enactment of this rule is that married couples should be liable and available for divorce only to a certain degree. For example, if one of the married couples is subject to drug abuse and refuses to be treated, or has committed adultery. Divorce should not be as straightforward as the filing of an application. It should still have a reason to break a marriage, despite my arguments being a less complicated form of separating. It's also essential for children to realize that they don't divorce their children just because parents’ divorce each other. Some kids believe that if their parents split, their moms and dads would want to abandon them, too. Remember them also that your love for them is unconditional and will not change because of a divorce. Many facets of divorce need to be addressed, including custody and visitation; financial problems such as child welfare and child support, taxes, pensions, and insurance; finding a lawyer or mediator; deciding whether you can divorce yourself; separation arrangements, and much more:
