In this proposition I am in favour that Laws, will be discussed and the lawyers will be
Divorce in the Philippines must be legalized.
Divorce or dissolution of marriage is the ending
of a marriage before the death of either spouse.
Divorce, also known as dissolution of marriage,
is the termination of a marriage or marital union,
the canceling or reorganizing of the legal duties
and responsibilities of marriage, thus dissolving
the bonds of matrimony between a married
couple under the rule of law of the particular
country or state.
Divorce is illegal in the Philippines and the
Catholic Church would like to see it remain that
way, but many citizens appear to be tired of
Catholic prelates assuming the authority to
dictate civil laws. Thus, a bill that would legalize
divorce is moving through the government. BUT
I JUST WANT TO CLARIFY THAT ONE OF THE
PARAMETERS OF THIS DEBATE IS WE WILL
NOT INCLUDE RELIGIOUS CONOTATION.
In this debate, MUSLIMS are not included
because under the SHARIAH LAW they can have
DIVORCE in the PHILIPPINES.
(this is an evidence) the wife and husband
had a conflict between them. But the
husband had a powerhehurt the wife so this
affects the children. This will not be good
for them, so the family decided to be
separated. But because they were MUSLIMS
they had a divorce. This is an example of
having a divorce. This only means that
DIVORCE IS A BEST SOLUTION FOR A
FAMILY THAT HAVE BEEN IN A CONFLICT.
•Traditionally, divorce was fault based. In other
words, there was an "innocent or injured" party
and a party that had done "wrong" with the
"innocent" party being able to obtain relief or a
divorce. Even if both parties wanted a divorce,
one party had to allege wrongdoing by the
other.
I would say to you that there are certain
parameters that would allow for a divorce to
be okay. 1. Physical Abuse from one spouse
to another. This is definitely a horrible
thing. 2. Adultery, i.e. one spouse cheating
on the other. These are the only two valid
reasons for getting a divorce." We should
consider these in this debate,
I want you to know that DIVORCE is better
for a couple to have separation and not to
have conflicts and that may more affect the
child compared when there is no DIVORCE.
No!. In divorce, there is an AGREEMENT
BETWEEN THE TWO(husband and wife) for
the child, properties etc. This will be the job
of the lawyers, this will be agreed between the
TWO SIDES.
explaining if what will happen to them if they
have decided to divorce..what are the
consequences that will they face..and the
AGREEMENTS as well as is under these LAWS.
That may lead to a peaceful way in separating.
We should consider the "avoidance of adultery
and concubinage and we should consider the
EVENTS occuring now in the PHILIPPINES. And
look How marriage survive facing the
problems(HEAVY)??.thus, it must be legalized in
the Philippines.(TO LESSEN CONTROVERSIES)
Also, for the people in the Philippines may
choose if what will they do???..DIVORCE?..if
they have HEAVY PROBLEM(mostly occuring
now a days)
I strongly believe that DIVORCE IN THE PHILIPPINES
SHOULD BE LEGALIZED.
If a PROBLEM occured, and have DIVORCE this
may Divide your property as well as your debts,
Decide parenting issues such as custody,
visitation, and child support, and Determine if
alimony applies and the amount be paid. I am
telling to you the debts, and the MONEY. IF they
will split up, they will only have responsibilities
in the CHILD and themselves. So this is an
ADVANTAGE, less EXPENSES for them.
There will be no CONFLICT if they will have a
divorce, because all of the laws stated as
follows;
-- Refer to executives Under the Presidential
Decree 1083, TITLE III:
" PLEASE READ THESE LAWS FOR YOU TO
UNDERSTAND!!!
Will serve as BASIS for HAVING ""NO CONFLICT
DIVORCE". and these laws will be also under in
the AGREEMENT of the DIVORCE. Purpose of
the LAWYERS is to HAVE PEACEFUL, " NO
CONFLICT", and NOT to HURT FEELINGS OF
THE BOTH SIDES. They are paid because of
what they did, and THEY ARE LEGAL!!!!!
Do you know what is a PARAMETER??????...
"Parameter is a extent wherein you are not or
only allowed to debate. The exclusions of the
parameters are not to be discussed and it will be
the job of the government side(pro) to give out
parameters."
ME, MYSELF and I have the RIGHTS to GIVE
PARAMETERS for the DEBATE, and I DID NOT
INCLUDE ANY RELIGIOUS CONOTATIONS. You
can't include religious conotations because of
the PARAMETER And also I am in the
GOVERNMENT SIDE or what we call "pro" and I
gave the PARAMETERS and IT IS VERY CLEAR
FOR YOU.
" I STRONGLY BELIEVE THAT DIVORCE SHOULD BE LEGALIZED IN
THE PHILIPPINES "
With that, I end my speech.
Thank you.
• Divorce mostly comes in, when
couples have conflict and they have a
problem
• Divorce is one of the solution in
separating couples, for the Wife and
husband can have freedom.
• Divorce is better than having conflict
in the fight in the family. It is the best
solution for the family when having
conflicts.
• In divorce, there will be no conflict in
the process. In choosing where will the
children go, the family and their Lawyers
will decide. Not only the child but also the
properties. This will be a good solution for
them for them not to have quarrel and the
children will not be affected.
• Divide your property as well as your
debts.
• Decide parenting issues such as
custody, visitation, and child support.
• Determine if alimony applies and the
amount be paid.
• "Divorce can be a type of conflict
resolution: disengagement. Kids can learn
from their parents that some problems
can't be fixed, and that peaceful
disengagement is an alternative to
remaining mired in conflict and chaos."
•If they talk with each other(HUSBAND AND
WIFE) this may lead to KILLING because of
the HATRED in their HEARTS. BUT IF THEY
HAVE CHOICES " the DIVORCE " this will not
lead to KILLINGS
•We can't divide the CHILD in physical by
dividing it half. We can have AGREEMENT if
where they( HUSBAND, WIFE and LAWYERS)
will give the child either to the MOTHER or
FATHER, or BY VISITING. So, if DIVORCE
WILL BE LEGALIZED, they cannot do
anything because IT IS LEGAL AND THEY
HAVE AGREED!!!..So it is better to
LEGALIZED DIVORCE IN THE PHILIPPINES.
•DIVORCE is only a CHOICE for a family if
they want it to have or not, VERY VERY BIG
PROBLEMS is also one of the reasons, etc. I
am not saying that if A FAMILY will have a
problem, they will APPLY A DIVORCE
rapidly. I am telling to you that DIVORCE IS
ONE OF THE CHOICES FOR BEST
SOLUTIONS,
THE BEST SOLUTION FOR SEPARTION IS
DIVORCE
If Children Are Involved:
Divorce in itself is trying enough. If children
are involved, it becomes even more trying
and extremely emotional. Parents often
loose sight of what is in the best interest of
their children. Where do the children fit into
this whole new life that is being created?
Unfortunately, children often become
financial pawns in a divorce when child
custody issues are being decided.
Children have rights in divorce. Let common
sense prevail when it comes to the children.
They should not be used as an outlet for
anger, nor should they ever be used to get
revenge against your spouse. Don't bad-
mouth your ex-spouse in front of your kids,
even if you are still angry or feuding. Try
not to use your kids as a messenger or go-
between, especially when you're feuding.
Children are egocentric. They think their
role in things is much more important than
it really is. Because of this, they often feel
that they have in some way caused the
divorce. Make sure they know it is not their
fault. It is also important for kids to know
that just because parents divorce each
other, they're not divorcing their kids. Some
kids think that if their parents are divorcing,
it means their moms and dads will want to
leave them, too. Remind them often that
your love for them is unconditional and will
not change because of the divorce.
There are many aspects of divorce that
need to be considered including: custody
and visitation; financial issues such as
alimony and child support, taxes, pensions
and insurance; hiring an attorney or
mediator; determining if you should do your
own divorce; separation agreements and
much more.
Alimony - Comprehensive guide to the
different types of alimony, including the
criteria generally used in the determination
and amount of alimony, and tax
ramifications.
Child Custody - Reviews the different types
of child custody. The emotional (for both
child and parent) and financial points of
view of a custody battle are also discussed
including court ordered professional custody
evaluations.
Under the Presidential Decree 1083, TITLE
III:
Article 58. Legitimacy, how established.
Legitimacy of filiation is established by
evidence of valid marriage between the
father and the mother at the time of the
conception of the child.
Article 59. Legitimate children.
(1) Children conceived in lawful wedlock
shall be presumed to be legitimate.
Whoever claims illegitimacy of or impugns
such filiation must prove his allegation.
(2) Children born after six months following
the consummation of marriage or with two
years after the dissolution of the marriage
shall be presumed to be legitimate. Against
this presumption no evidence shall be
admitted other than that of the physical
impossibility of access between the parents
at or about the time of the conception of
the child.
Article 60. Children of subsequent marriage.
Should the marriage be dissolved and the
wife contracts another marriage after the
expiration of her 'IDDA, the child born
within six months from the dissolution of
the prior marriage shall be presumed to
have been conceived during the former
marriage, and if born thereafter, during the
later.
Article 61. Pregnancy after dissolution. If,
after the dissolution of marriage, the wife
believes that she is pregnant by her former
husband, she shall, within thirty days from
the time she became aware of her
pregnancy, notify the former husband or his
heirs of that fact. The husband or his heirs
may ask the court to take measures to
prevent a simulation of birth.
Article 62. Rights of legitimate child. A
legitimate child shall have the right:
(a) To bear the surnames of the father and
of the mother;
(b) To receive support from the father or, in
his default, from his heirs in accordance
with Articles 65 and 68; and
(c) To share in the legitimate (furud) and
other successional rights which this Code
recognizes in his favor.
Article 63. Acknowledgment by father.
Acknowledgment (igra) of a child by the
father shall establish paternity and confer
upon each the right inherit from the other
exclusively in accordance with Article 94,
provided the following conditions are
complied with:
(a) The acknowledgment is manifested by
the father's acceptance in public that he is
the father of the child who does not impugn
it; and
(b) The relations does not appear
impossible by reason of disparity in age.
Article 64. Adoption. No adoption in any
form shall confer upon any person the
status and rights of a legitimate child under
Muslim law, except that said person may
receive a gift (hiba).
Executive Order no. 209, Most of the titles
will be discussed in the agreements of the
TWO SIDES.
TITLE I
MARRIAGE
Chapter 1. Requisites of Marriage( ranging
from Article 1-26)
Chapter 2. Marriages Exempted from
License Requirement( ranging from Article
27-34
)
Chapter 3. Void and Voidable Marriages(
ranging from Artcile 35-54)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE(ranging from Article
68-73)
TITLE IV
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Chapter 1. General Provisions(ranging from
Article 74-81)
Chapter 2. Donations by Reason of
Marriage(ranging from Article 82-87)
Chapter 3. System of Absolute
Community(ranging from Article 88-148)
TITLE V
THE FAMILY
Chapter 1. The Family as an
Institution(ranging from Article 149-162)
House panel approves
substitute bill on divorce
The House of Representatives
committee on population and
family relations on Wednesday
approved a measure that would
allow divorce in the Philippines.
The bill, entitled "An act instituting
absolute divorce in the
Philippines," was approved with no
contention.
Under the bill, married couples
may end their marriage for several
reasons, including abuse,
infidelity, and irreconcilable
differences.
It aims to give “the opportunity to
spouses in irremediably failed
marriages to secure an absolute
divorce decree under limited
grounds and well-defined judicial
procedures to terminate a
continuing dysfunction of a long
broken marriage.”
The proposed measure also
allows spouses separated for at
least five years to file for absolute
divorce.
It permits this in cases when
reconciliation is “highly
improbable,” unless the separation
is due to overseas employment or
both spouses residing in a distant
region
Psychological incapacity, gender
reassignment surgery, and
irreconcilable marital conflicts
resulting in the "total breakdown of
the marriage beyond repair” are
also cited as valid reasons for a
divorce.
However to show that the State
places importance on the sanctity
of marriage, the bill mandates a
six-month “cooling off” period “as a
final attempt of reconciling the
concerned spouses.”
This six-month period begins after
a petition is filed, but is lifted in
cases that involve acts of violence
against women and their children,
or an attempt against the life of the
other spouse or a common child.
Custody of children, meanwhile,
will be determined by a court “in
accordance with the best
interests” of the children. Minors
under seven years old may not be
separated from their mother
unless there are “compelling
reasons” for it.
The law also entitles an “innocent
spouse” to up to one year of
support from the other if he or she
is not gainfully employed.
"The proper court shall have the
discretion to grant alimony, child
support, and child custody
pursuant to the pertinent
provisions of the Family Code of
the Philippines," the bill added.
Following its approval at a
committee level, the bill is now set
to go to the plenary for another
round of debate or voting.
At present, only the Philippines
and the Vatican have no divorce
laws.
Should the divorce bill become a
law, married couples will have a
cheaper alternative to getting an
annulment.
Annulment proceedings in the
Philippines can cost as much as
₱250,000 upwards.