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Thursday, August 12, 2010

Philippine Divorce bill


The Gabriela party-list group is now pushing for a revision in the Philippine divorce bill. House bill 1799 or “An Act introducing divorce in the Philippines” was filed by Representatives Luzviminda Ilagan and Emerenciana de Jesus. As expected the bill was opposed by fellow lawmakers in the House of Representatives and the Catholic Church. According to De Jesus, annulment is too costly and psychological incapacity (A ground for annulment) is often very difficult to prove. They also state that people that the current option for couple for estranged couples with “irreparable marriage is limited. Legal separation does not allow couples to remarry.

Cavite Representative Elpidio Barzaga said that the family is the foundation of a good citizenry and that absolute divorce would weaken the solidarity of the family. “It encourages married couples who have differences immediately seek divorce, though differences can still be reconciled” Barzaga added. Parañaque Rep. Roilo Golez said “that is like giving a married couple a Weapon of Mass Destruction that they can use against each other even for petty, solvable marital problems.”

I do agree with the Cavite representative. If an option like divorce is available for couples who are having marital problems, they will surely be tempted to seek it and would not make the effort of making the marriage work. But isn’t that the real purpose of marriage. Of course no marriage is smooth sailing. There are always rough patches. But the purpose of getting married is to surviving rough patches and try to work out things out.
On the other hand people who are victim to domestic abuse might need this. There are a lot of women who are victim to marital violence every day. In 2009, 72% of violence and abuse against women are wife battery. All in all that are 6,783 cases in 2009.

The church has been constantly voicing out opposition to divorce. Bishop Oscar Cruz that in the absence of divorce, the church can declare a marriage void if domestic violence is proven. But how exactly would they do that and how long would the process take?

The Philippines along with Malta are the only two countries in the world that does not have a divorce law. However, Divorce used to be practiced under the 1935 constitution. It was removed in the new civil code. Divorce law was removed on August 30, 1950.

On a related note, Senator Loren Legarda wants to the 10-year-old Solo Parents act that gives additional benefits to single parents. Senate Bill 1439 proposes that single parents be provide with 10 percent discount when purchasing clothing and clothing materials for child for two years from child birth; 15 percent discount for baby’s milk, food and food supplements and 15 percent discount for medicine and other medical supplements of a child. This is a good bill. I personally know a lot of single parent who were left by their partners and does not give support to their child. This bill would be beneficial to them.

Another Party-list Rep has given his support to the controversial reproductive health bill which is opposed by conservative lawmakers and the Catholic Church. The bill is deemed immoral by the church and that bill would only encourage the youth to have premarital sex. This maybe true but with the evolution of the internet, sex related materials are readily available to those who are consider to young to learn about sex. I think it would be better that teenagers nowadays are informed and they should be informed properly.

Divorce may have its pros and cons. I personally am in the middle. I believe that getting into marriage one must be prepared to stick with their spouse through the hard and good times. But I understand those who are in marriage who fall victim to abuse. There are a lot of parents who are either Alcoholics, drug addicts and are polygamous. They would have a negative effect on their children. They are the biggest victims of all of this. They will be the one to suffer most. But it all comes down to choice. It all comes down to who will benefit from this law.  

4 comments:

  1. i'm new... hope to post round more oftentimes!

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  2. I am sure that if the divorce bill passed there would be a spike in divorces at first, however I think that in general, anyone that gets married knows that they should try to make things work. Sure some will rush to divorce at the first sign of trouble, but should those people be married anyway? The church should stay out of the fray, If the people involved are truly devout and believe in what the church says then they will try their best to stay married. Besides that if they make the law in such a way that it holds both parties responsible for certain things then it will still be something to consider. As it is right now it is simply economically unfeasible to get an annulment. So most couples who would otherwise get a proper divorce before moving on, now just separate, have multiple families and just live that way for the rest of their lives. Is that somehow better than getting a divorce, then re-marrying properly?

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  3. DIVORCE: THE RIGHT OF EVERY HUMAN BEING
    These country's governments respect the right of every human being to control their own
    destiny. They recognise that every individual has but one life to live and is solely responsible
    for their own happiness and if, for whatever reason, they determine that a partnership or
    marriage does not serve this purpose then they have the absolute right to dissolve that
    contract to seek true happiness.
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    Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium,
    Belize, Benin, Bhutan, Bolivia, Bosnia Herzegovina, Botswana, Brazil, Brunei, Bulgaria,
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    Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua,
    Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay,
    Peru, Poland, Portugal, Qatar, Romania, Russian Federation, Rwanda, St Kitts & Nevis, St
    Lucia, Saint Vincent & the Grenadines, Samoa, San Marino, Sao Tome & Principe, Saudi
    Arabia, Senegal, Serbia, Seychelles, Sierra Leone. Singapore, Slovakia, Slovenia, Solomon
    Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden,
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    This country's government believes they have some God given right to dictate to their citizens
    how they should live their personal lives. Their oppressive and misguided Family Code is
    responsible for the suffering and feeling of utter hopelessness of millions of the people they
    are elected to serve and protect.
    Philippines
    I wonder how future generations will look upon the injustice dealt out by a state with these
    draconian and sanctimonious laws. How can they stand next to the truth and and not see it?

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  4. divorce should be passed now as a legislation. it is long overdue. there is no reason for the religious sector to fear its passage. thus far what they had offerred were sheer speculations. the family if considered paramount by the church and state, should be given enough freedom to be more productive. some churches are 'cunning' on the issue. they facilitate 'mass weddings' at almost no cost at all, then they now offer no way to go back. well, most church leaders never had been married after all. why would we listen to people who never had the experience, anyway.

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