DIVORCE BILL : WEIGHING THE PROS AND CONS

All of the countries in the world already acknowledge divorce rights except for Vatican City and the Philippine Republic.
Are
we
on
the
right
track
or
are
we
left
behind?
Divorce bill has been a noisy issue right after RH bill. Different people have different points on whether DB should be
carried
out
or
not.
PRO-DIVORCE
BILL SAID:
You become "socially" unbound from your former partner and you can do with your future life what you wish.
If
a
woman
is
battered
by
his
husband
then
DB
can
rescue
like
Superman.
Formality of separation can be established between two people who just wanted to move on.
The nightmare of being with the person you dont think is right for you will be finally over.
ANTI-DIVORCE
BILL
SAID:
The
sanctity
of
marriage
will
be
disrespected.
DB willl void any chance of reconciliation between two people who might just need space to be understood.
Little conflicts which are normally part of marriage will become big issues to the couples and divorce will be an easy way
out.
now
having
said
all
this
Im
still
bias
on
the
entire
issue.
I believe that divorce bill should be approved. we all deserve a chance at breaking free.Especially the poor people, who is
more prone to such rocky situations plus the physical thing. And annulment is just too costly for them to afford that they
would just choose to stay asleep knowing that there is a nightmare they know not when will it end. But let us be prepared
for the fluctuation and inflation of the number of broken families. I do recommend that the government should perform a lot
of investigations and find heavy evidences for every divorce case, and if there is not a single hope left and found then that
just might be the time for those people to move on,find theirselves and continue their lives without each other, without
guilt, without miserable commitments that can hinder both of them to achieving the meaning of their existence.

Divorce Bill in the Philippines

Is Philippines ready for a divorce law?

By Jojo Malig, ABS-CBNnews.com
Posted at 06/07/2012 8:16 PM | Updated as of 06/07/2012 9:07 PM
MANILA, Philippines - The Philippines remains the only nation in the world that does not have a
law legalizing divorce. Is the country ready for such a law?
Gabriela Party Rep. Luz Ilagan believes that it is time that the country moves forward and help
couples who can no longer live together. Ilagan and and fellow lawmaker Emmi de Jesus have
filed a House bill introducing divorce in the Philippines that is now with the House committee on
revision of laws. She said they are now waiting for the committee to schedule hearings to ask the
sponsors and resource persons to explain the pros and cons of the proposed legislation. House
Speaker Sonny Belmonte on Wednesday said the divorce bill will be among thepriority measures
that will be tackled when Congress opens its 3rd regular session in late July. Belmonte said he is
supporting the enactment of a divorce law in the country.Ilagan, in an interview with radio dzMM
Thursday, said the country is ready for a divorce law.
PH only country without divorce
"We are ready and we are the only country left now. Two years ago, we still had Malta," she said.
"But when Malta had a referendum last year, na kahit iyung presidente nila was reluctant to
grant divorce, noong makita niya iyung results ng kanilang referendum ay pumayag. Kaya ang
Philippines na lang ang natitirang bansa na walang divorce," she said.
She said Italy, where the Vatican City is located, allows divorce. The Vatican, which is technically
a sovereign city-state, does not allow divorce.
Current Philippine laws only allow annulment of marriage -- a long, expensive, and painful legal
process for estranged couples who no longer want to live together as man and wife.
Not Vegas-style divorce
Ilagan said the conservatives in the Philippines should not compare the proposed legislation with
lax laws on divorce in other countries such as the United States.
"May kaibahan, sa Amerika kaya tinatawag natin na divorce Las Vegas-style, puwedeng magasawa ngayon, tapos kapag hindi nila type, kahit mababaw lang ang dahilan, puwede na magdivorce," she said.

"Sa atin naman, Pinoy style, mayroong mga kondisyon. Hindi madali na makuha rin iyung
divorce. May mga kundisyon tayong inilagay sa isinusulong nating panukalang batas," she
explained.

5 grounds for divorce

Ilagan's bill proposes 5 grounds for divorce.
Couples who want to avail of divorce will need to fulfill at least one of the conditions set forth in
the bill, if it becomes law.
According to the measure, couples who may apply for divorce include those who have been
separated in fact for 5 years or those already legally separated for 2 years.
"Number 3, is when the couple have the situation na nandoon iyung condition for legal
separation such as marital infidelity, abandonment, one of the spouses has been convicted for
more than 6 years, and domestic violence," she said. "Ito naman ang mga basis for legal
separation. Kung nandiyan iyan, puwede nang mag-file din ng divorce."
Grounds for legal separation may also apply when these same grounds have already caused the
irreparable breakdown of the marriage.
In addition, psychological incapacity, causing one's failure to comply with essential marital
obligations, and irreconcilable differences causing the irreparable breakdown of the marriage, will
also be recognized as grounds for divorce.
Ilagan said under the proposed law, it will be the courts that will determine if couples are
qualified to apply for divorce.
"It has to be proven in court, kasi hindi naman just because you filed for a divorce, you
automatically get it," she said. "Siyempre ang korte ang magwe-weigh."

Divorce less expensive

She said the proposed divorce process will not be as financially, emotionally, and legally taxing
as annulment.
"Mas hindi mahal pero hindi siya murang-mura naman na this will become very, very easy that
people will avail of," she said. "Kasi, mayroon pa ring effort, mayroon pa ring proseso na susndin
to reconcile."
"There will still be some expenses to be incurred dahil magha-hire ka pa rin ng lawyer pero this
will not be as difficult or expensive as annulment," she added.
Ilagan cited data from the Office of the Solicitor General that says in Metro Manila alone, around
800 cases are being filed in courts for legal separation and annulment every month.
"Majority of these (annulment petitioners) are women, and 92% are Catholic. Kailangan talaga,
harapin na natin ang problemang ito," she said.
Support from lawmakers
Even as the head of the lower House is supporting the proposal, Ilagan said the Senate is also
likely to throw its weight behind a divorce bill.
She cited the cases of 4 senators who either have annulled marriages or are undergoing the
process.
They are Senators Francis Escudero, Pia Cayetano, Loren Legarda, and Aquilino "Koko" Pimentel
III.
Senator Miriam Defensor Santiago, during the renewal of her wedding vows last year,
alsoexpressed support for divorce to be legalized in the Philippines.
"I think divorce should be available to people who become homicidal at the sight of each other.
That's so much better than making each other miserable for the rest of their lives and impacting
the lives of their children as well. I've always made known my views since I was RTC (Regional
Trial Court) judge," she said.
"I am in favor of a divorce bill provided that grounds for divorce are very strict so that we will not
encourage young people to rush into marriage and then rush out by divorce," Santiago said.

"I think the Senate is more open," Ilagan said. "They (senators) have revealed situations na they
would be sympathetic to people who would like to have divorce."
"I'm sure marami din naman sa lower House na nakakaintindi. Itong bill na ito, inisip para
tugunan ang pangangailangan ng atin mga kababayan," she added.

Reaction :

A
s Ive read this article, I thought of some of the advantage and disadvantage on the act of
Introducing Divorce in the Philippines . And what is its correlation in the economy.

As we all know, Philippines is one of the poorest country in the world. Which means that only few
people can afford having a divorce. Even though that Divorce is more cheaper than having an
Annulment but still it may cost a lot of money because it still needs to hire a lawyer . But,
knowing that the Philippines and Malta are the only two remaining countries in the world without
a divorce law. Therefore, we should also be ready for the legalization of divorce to be
implemented to our country. This provision is meant to address the economic deprivation or
poverty that many women experience as a result of a marital break-up.

The bill also provides that divorce may be granted when the spouses suffer from irreconcilable
differences that have caused the irreparable breakdown of the marriage. Spouses living in a state
of irreparable marital conflict or discord should be given the opportunity to present their marital
contrarieties in court and have those differences adjudged as constituting a substantial ground to
put an end to the marriage.

Thus, under this proposed measure, a decree of divorce dissolves the absolute community or
conjugal partnership of gains. The assets shall be equally divided between the spouses.
However, this bill also proposes that in addition to his or her equal share in the assets, the
spouse who is not gainfully employed shall be entitled to support until he or she finds adequate
employment but the right shall only be effective for not more than one year.