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Chapter 1

INTRODUCTION

Background of the study

The Philippines is the only country in the world where ending a marriage is not just

difficult, getting divorced is against the law. The only option for most citizen is to get an

annulment which, here in the Philippines, is a long and an expensive court proceeding.

Reality tells us that there are many unhappy marriages among all Filipino classes.

There are several who are just waiting for the right opportunity to end their respective

marriages, and the reasons are diverse – physical abuse ( against the spouse and/ or

the children), sexual infidelity, irreconcilable differences, conflicting personalities, gross

irresponsibility and loss of affection, among others. Even when couples start out well in

their marriage, economic and social realities take a toll on their relationship. Some are

not prepared to handle the intricacies of the married life. For a large number of women,

the inequalities and violence in marriage is founded. The marital relations facilitate the

commission of violence and perpetuate their oppression.

Official figures show that 14.4% of married women experience physical violence and

23% experience emotional violence (Philippine Statistic Authority).

Since 2001, the number of annulment and nullity cases filed has been increasing. The

latest available figures for year 2016 showed there were already more than 6,000 cases

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filed; the number of cases in 2015 will most likely exceed the number filed in the

previous year.

Other young couples find themselves in a bind. With no divorce law in the country,

relationships have remained in limbo, with more and more couples opting to live in or

cohabit, an informal arrangement that could have contributed to the declining marriage

rate in the country. Marriage rates dipped by 30 percent from 2003 to 2015, according to

data from the Philippine Statistics Authority.

A current survey by Social Weather Stations (SWS) shows that in the final quarter

of 2014, the greater part of Filipinos (60%) bolstered its legitimization. This figure

unmistakable difference a conspicuous difference to the 29% who restrict it and the 11%

who are undecided. SWS called attention to that the help for separate has been

developing for as far back as quite a long while. In like manner, bolster for separate

became paying little mind to conjugal status. The figure is most elevated among those

with live-in accomplices (66%). The numbers are somewhat lower for the individuals who

have got married, 58% of wedded people trust that separation ought to be legitimized. By

and large, 62% of men and 57% of ladies are supportive of separation. The review found

that 67% of grown-ups in Metro Manila support separate, contrasted and 62% for

whatever is left of Luzon, 55% for the Visayas and 55% for Mindanao. In 2005, just 43-

44% of Filipinos supported separation. In 2011, the number developed to half. In lieu of

separation, Philippine law takes into account a wedded couple’s “lawful detachment”.

Although the marriage security isn’t disintegrated, the individuals who settle on this

legitimate component are qualified for live independently from Each other, and have their

properties split.
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Hence, “a different SWS study found that 51% of Filipinos trust that “adoration is

sweeter the second time around,” contrasted with the 29% who don’t accept. The

surveyor likewise noticed that Filipinos have an underneath normal bliss with their

adoration lives – just 49% called their affection lives extremely cheerful, contrasted and

the 54% normal of the previous six overviews. A greater part (58%) of single ladies says

that they don’t have an affection life, contrasted and the 37% of men who share similar

assumptions. SWS directed both otherwise from November 27 to December 1 a year ago

utilizing one on one interview with 1,800 grown-ups everywhere throughout the nation.

(National Statistic Office)

Notwithstanding when couples begin well in their marriage, financial and social

substances incur significant damage on their relationship. Some are not set up to deal

with the complexities of the wedded life. For countless, the disparities and brutality in

marriage is established. The conjugal relations encourage the commission of savagery

and propagate their mistreatment.

“Official figures shows that 14.4% of wedded ladies encounter physical abuse and 23%

experience a mental abuse. (Philippine Statistic Authority)

Since 2001, the number of cancellation and nullity cases documented has been

expanding. The most recent accessible figures for year 2016 appeared there were at

that point in excess of 6,000 cases documented; the quantity of cases in 2015 will in all

likelihood surpass the number recorded in the earlier”. (National Statistic Office)

Other youthful couples end up stuck a tough situation. With no separation law in the

nation, connections have stayed in limbo, with an ever increasing number of couples

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selecting to live in or live together, a casual plan that could have added to the declining

marriage rate in the nation. Marriage rates plunged by 30 percent from 2003 to 2015, as

indicated by information from the Philippine Statistic Authority.

“house bill 2380” intends to incorporate separation in the Family Code of the Philippines

as a mode to tackle harried relational unions”. This is the fifth time that Gabriela has

documented the separation charge in this dominatingly Catholic nation. In the

Philippines cancellation is one of the legitimate alternatives that can be utilized to

couples who are extremely hopeless,” as what Gabriella delegate said “they need to

help families who put stock in the sacredness of marriage and in the meantime, to free

ladies and men who are truly not okay in their relational unions”.

In spite of the forbiddance of disintegration of marriage or separation, it just makes

things hard to two incongruent people. The duration of useless relational unions does

not make a family rather it results to a broken one. Consequently, the propositions of

divorce law in the Philippines which will be useful to harried Filipinos couples far and

wide.

*dugang bsan isa lg ka paragraph about sa Iloilo and connection sa study. Dason

mention ag selected municipalities and reason ngaa chosen sila. Bsan nd gd tam an ka

elaborate, lip ot lg…para mgconnect lg sad alum.

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General Objective

This study aims to determine the perception of married couples in selected

municipalities (instead sini, ispecify) *the municipalities of __________, ________ and

____________ in the Province of Iloilo towards the legalizations of divorce in the

Philippines.

Specific objective

This study aims to determine the following;

1. The characteristics of respondent in terms of religion, gender, age, profession,

children, years of living together, their educational attainment.

2. The perception of respondents towards the legalization of divorce in the

Philippines. *PLEASE DELETE

3. Whether there is significant relationship between the respondent’s religion and

their perception towards the legalization of divorce in the Philippines.

4. Whether there is significant relationship between the respondent’s gender and

their perception towards the legalization of divorce in the Philippines.

5. Whether there is significant relationship between the respondent’s age and their

perception towards the legalization of divorce in the Philippines.

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6. Whether there is significant relationship between the respondent’s years of being

together and their perception towards the legalization of divorce in the Philippines

7. Whether there is significant relationship between the respondent’s child/ children

and their perception towards the legalization of divorce in the Philippines

8. Whether there is significant relationship between the respondent’s educational

attainment and their perception towards the legalization of divorce in the

Philippines

Hypothesis

Based on the objectives of the study, the following hypotheses were formulated:

1. That there is significant relationship between the respondent’s religion and their

perception towards the legalization of divorce in the Philippines.

2. That there is significant relationship between the respondent’s gender and their

perception towards the legalization of divorce in the Philippines.

3. That there is significant relationship between the respondent’s age and their

perception towards the legalization of divorce in the Philippines

4. That there is significant relationship between the respondent’s years of living

together and their perception towards the legalization of divorce in the

Philippines.

5. That there is significant relationship between the respondent’s child/children and

their perception towards the legalization of divorce in the Philippines.

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6. That there is significant relationship between the respondent’s educational

attainment and their perception towards the legalization of divorce in the

Philippines.

Theoretical Framework

The 1987 constitution of the Philippines. Section 1, Article 15, the family declares

that the state recognizes the Filipino Family as the foundation of the nation. Accordingly

it shall strengthen its solidarity and actively promote its total development.

Moreover, Section 2, of Article 15 of the Family Code declares that marriage, as an in

voidable social institution, is foundation of the family and shall be protected by the state.

(1987 Philippine Constitution & Family Code of the Philippines)

Paradigm of Variables

Independent Variable Dependent Variable

 Religion The perception towards


 Gender the legalization of
divorce in the
 Age
Philippines
 Years of being together
 Child/children
 Educational Attainment

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Operational Definition of Terms

The following words and phrases have been defined for better understanding of

this study:

Marriage. “The relationship that exist between a husband and a wife: a ceremony in

which two people are married to each other. In this study marriage means the marital

status of the respondents”. (Merriam Dictionary)

Divorce. “The ending of a marriage by a legal process: a complete separation between

two things. In this study divorce means the action or an instance of legally dissolving a

marriage”. (Merriam Dictionary)

Enacting. To make (a bill or other legislation) officially become part of the law: to

establish by legal and authoritative act; specifically to: to make (as a bill) into law. In this

study enacting means the act of the congress where to enact or to make the bill into a

law.

Perception. The ability to understand or notice something easily. a result of perceiving:

observation: awareness of the elements of environment through physical sensation. In

this study perception means the observation or a result of perceiving of respondent.

Religion. The belief in a god or in a group of gods: Organized systems of beliefs,

ceremonies, and rules used to worship a god or a group of gods. In this study religion

means the belief of the respondents in a god or in a group of god.

Gender. The behavioral, cultural, or psychological traits typically associated with one

sex. In this study gender means the respondents state of being male or female.

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Profession. a type of job that requires special education, training or skill; the people

who work in a particular profession; the act of declaring or saying something openly.

In this study profession means the job, or work of the respondent where he spend

his/her most of the respondents time.

Educational Attainment. In this studies educational attainment meant the highest level

of education that the respondent attain categorize as follow;

a) Elementary

b) High School

c) College

d) Post graduate

e) Children

Age. is the length of an existence extending from the beginning to he/she was born. In

this study the age of the respondent is categorize as the following;

a) 20 – 33

b) 34 – 46

c) 47 – 60

Years of being together. in this study the years of living together means that the

number where the respondent live together. hence, it is categorize as the following;

a) 1 — 15 years

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b) 15 — 30 years

c) 30 and above

Selected municipalities in Iloilo *add the names of the selected municipalities in Iloilo

where the study is conducted.

Significance of the study

The result of this study may be beneficial to the following:

Married Couples. 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.

The sanctity of the marriage would be protected by educating them about divorce.

Married couple will probably have a better understanding of the advantages and

disadvantages of the divorce law.

Law Students. The study may help law students and practitioners that they may be

informed and be aware of the nature and constitutionality of divorce.

Filipino Citizen. The result of this study will help the Filipino citizen to give them a

better insight on the causes and effects of the divorce if became a law in the

Philippines.

Future Researchers. The Result of the study can also be used for further researches

and as a basis for the comparison with other studies. It will serve as a guide for

important studies along the same field and will serve as novel knowledge for the

researchers well.

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Legislators. The result of the study will help the legislator to provide them additional

ideas and to understand the opinion and perception of the public especially the

marriage couples.

Children. The result of the study will help the children to have awareness and to give

better perceptive over the circumstances happening in their surrounding especially in

their family.

Scope and limitations

This study only focuses on the perception of married couples in selected

Municipalities in Iloilo towards the legalization of divorce in the Philippines as source of

information. Interviews, observation and handling out questionnaires will employ as a

means of data gathering.

*The selected municipalities are …

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Chapter 2

REVIEW OF LITERATURE

Divorce

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 laws vary considerably around

the world, but in most countries divorce requires the sanction of a court or other

authority in a legal process, which may involve issues of alimony (spousal

support), child custody, child visitation / access, parenting time, child

support, distribution of property, and division of debt. In most countries, monogamy is

required by law, so divorce allows each former partner to marry another person;

where polygyny is legal but polyandry is not, divorce allows the woman to marry a new

husband.

Divorce is different form legal Separation and Annulment. Whom the couple

appear.

Marriage

Marriage is the intimate union and equal partnership of a man and a woman. It

comes to us from the hand of God, who created male and female in his image, so that

they might become one body and might be fertile and multiply. Though man and woman

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are equal as God’s children, they are created with important differences that allow them

to give themselves and to receive the other as a gift. Marriage is both a natural

institution and a sacred union because it is rooted in the divine plan of creation. In

addition, the Catholic Church teaches that the valid marriage between two baptized

Christians is also a sacrament – a saving reality and a symbol of Christ’s love for his

church. In every marriage the spouses make a contract with each other. In a

sacramental marriage the couple also enters into a covenant in which their love is

sealed and strengthened by God’s love. The free consent of the spouses makes a

marriage. From this consent and from the sexual consummation of marriage a special

bond arises between husband and wife. This bond is lifelong and exclusive. The

marriage bond has been established by God and so it cannot be dissolved.

Divorce in the Philippines

Divorce as a means of terminating marriage is illegal for all Filipinos except Filipino

Muslims. There is only civil annulment after a lengthy legal separation. The process is

costly and long, and there are many legally married couples in extramarital relations,

even without a divorce law. Code of Muslim Personal Laws of the Philippines, known as

Presidential Decree (PD) No. 1083, Title II- Marriage and Divorce, Chapter 3-Divorce

allows for divorce recognized by the state. There are two sharia courts in the Philippine

judicial system that hears these cases. On July 27, 2010, Gabriela Women's Party filed

in Congress House Bill No 1799, or the Divorce Bill of the Philippines, as one of many

attempts to introduce pro-divorce legislation. Senator Pia Cayetano has filed a separate

divorce bill in the Senate.

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Religious views on divorce

Christian views on divorce find their basis both in biblical sources dating to the giving

of the law to Moses (Deut 24:1-4) and political developments in the Christian world long

after standardization of the Bible. According to the synoptic Gospels, Jesus emphasized

the permanence of marriage, but also its integrity. In the book of Matthew Jesus says

"Because of your hardness of heart Moses allowed you to divorce your wives, but from

the beginning it was not so. And I say to you: whoever divorces his wife, except for

sexual immorality, and marries commits adultery”. Paul concurred but added an

exception, known as the Pauline privilege. The Catholic Church prohibits divorce, and

permits annulment (a finding that the marriage was never valid) under a narrow set of

circumstances. The Eastern Orthodox Church permits divorce and remarriage in church

in certain circumstances, though its rules are generally more restrictive than the civil

divorce rules of most countries. Most Protestant churches discourage divorce except as

a last resort, but do not actually prohibit it through church doctrine. The Christian

emperors Constantine and Theodosius restricted the grounds for divorce to grave

cause, but this was relaxed by Justinian in the sixth century. After the fall of the empire,

familial life was regulated more by ecclesiastical authority than civil authority.

Roman Catholic Church

“Although marriage was not yet a declared, defined sacrament, by the ninth or

tenth century, the divorce rate had been greatly reduced under the influence of
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the Roman Catholic Church, which considered marriage to be instituted

by God and Christ indissoluble by mere human action. Marriage is later defined as a

sacrament, beginning in 1208, when Pope Innocent III required members of another

religious movement to recognize that marriage is a sacrament as a condition for being

received back into the Catholic Church. In 1254, Catholics accused Waldensians of

condemning the sacrament of marriage, "saying that married persons sin mortally if they

come together without the hope of offspring". In 1439 the Council of Florence defines

marriage as a sacrament, solidifying the development of doctrine from the past twelve

centuries and describing marriage as 'indisoluble' "since it signifies the indivisible union

of Christ and the church." The passage follows, "Although the separation of bed is

lawful on account of fornication, it is not lawful to contract another marriage since the

bond of a legitimately contracted marriage is perpetual."

“Although divorce, as known today, was generally allowed in Western Europe after the

tenth century, separation of husband and wife and the annulment of marriage were well-

known. What is today referred to as “separate maintenance” (or "legal separation") was

termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and

wife physically separated and were forbidden to live or cohabit together; but their marital

relationship did not fully terminate. Civil courts had no power over marriage or divorce.”

“The Catholic church historically fought against the legalization of civil divorce in

Catholic countries. For example, when Republican Spain legalized divorce in Spain for

the first time, Pope Pius XI wrote: 'the new Spanish legislation, with the deleterious

introduction of divorce, dares to profane the sanctuary of the family, thus implanting,

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with the attempted dissolution of domestic society, the germs of saddest ruin for civil

well-being.”

“Canon law makes no provision for divorce, but a declaration of nullity may be granted

when proof is produced that essential conditions for contracting a valid marriage were

absent— in other words, that the sacrament did not take place due to some

impediment. The grounds for annulment are determined by Church authority and

applied in ecclesiastical courts. Annulment was known as “divorce a vinculo matrimonii,”

or “divorce from all the bonds of marriage,” for canonical causes of impediment existing

at the time of the marriage. “For in cases of total divorce, the marriage is declared null,

as having been absolutely unlawful ab initio.” The Church holds that the sacrament of

marriage produces one person from two, inseparable from each other: “By marriage the

husband and wife are one person in law: that is, the very being of legal existence of the

woman is suspended during the marriage or at least incorporated and consolidated into

that of the husband: under whose wing, protection and cover, she performs

everything.” Since husband and wife became one person upon marriage, that oneness

can only be seen as null if the parties improperly entered into the marriage initially, in

which the marriage does not validly exist.”

Eastern Orthodox Church

“The Eastern Orthodox Church does recognize that there are occasions when it is better

that couples do separate, and permits remarriage in Church, though its divorce rules are

stricter than civil divorce in most countries. For the Eastern Orthodox, the marriage is

"indissoluble" as in it should not be broken, the violation of such a union, perceived as

holy, being an offence resulted from either adultery or the prolonged absence of one of

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the partners. Thus, permitting remarriage is an act of compassion of the Church towards

sinful man. A very low rate of divorce among Orthodox Christians in Greece may

suggest that the same may be said for Orthodox Christians in the U.S. However, U.S.

rates are inconclusive. The actual divorce rate is probably somewhat higher due to civil

divorces obtained without an accompanying ecclesiastical divorce. Divorced individuals

are usually allowed to remarry though there is usually imposed on them a penance by

their bishop and the services for a second marriage in this case are more penitential

than joyful. The Orthodox Church traditionally states that "it blesses the first marriage,

performs the second, tolerates the third, and forbids the fourth". Widowed spouses are

permitted to remarry without repercussion and their second marriage is considered just

as blessed as the first. One exception to this rule is the clergy and their wives. Should a

married priest die, it is expected that his widow will not remarry. Widowed priests are

not allowed to remarry and frequently end up in monasteries.”

“According to Lee (2012), married couples enter into a marriage expecting to

succeed.”

“They look at the divorce statistic and believe those figures won’t apply to them. And

yet, somewhere her between 40 and 50 percent of those marrying today will become

part of the validation.

“Why does marriage fall?” “What constitutes to success in marriage?’ for

example on marriage, and for those already married, there are several important factors

shown by research to make differences.

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Even before the marriage begins, several factors influence a couple’s chances

for success. Some are under the couples’ control, and others are:

1. “Parent’s Marriage. If couple’s parents where happily married the couples

are more likely to divorce. Of course, many individuals whose parents

divorced are able to establish happy marriage but the odds favor those

with happily married persons”.

2. “Childhood. As individual who had a happy “normal childhood” is more

likely to be in successful marriage”.

3. “Length of acquaintances. Generally, the longer the acquaintance, the

more likely the marriage will be successful. Those who have each other

over year have better odds that those with acquaintanceship less than a

year.”

4. “Age. in general , those who are older when married have more suitable

marriages. For, example, those who marry at 20 years or older have

marriages that last twice as long those who marry under age 20”.

5. “Parental Approval. Parental approval is retained to marriage success for

the reasons 1) approving parents are more supportive, and 2)

disapproving parents may be sourcing real problems that will create

difficulties for the couple.”

So there are many factors related to the background, upbringing or circumstances that

tend to be in a couples’ favor for having a successful marriage. Many couples will not

have all of those factors in their favor and will still have successful marriages. Some

with the odds in their favor will fail, nevertheless. Part of the differences lies in the

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contents to which the couple take care of their marriage. Every marriage needs thought

and effort to improve.

*Add where the study is conducted…municipalities in Iloilo, short lg para magconnect2

lg, pwede mn about sa Iloilo dason ang connection sang place sa study…dason sad

alum butang ang names sang specific municipalities.

Chapter 3

METHODOLOGY

This chapter describes the process followed in the conduct of the study. This

includes: (1) the research design, ( 2) identification of the study population and the

study area, (3) determination of the respondents and sample size, (4) preparation of

surveying instruments and data gathering procedure and (5) data processing and

analyses.

Research Design

This is a descriptive - rationale study. A one shot survey design will be

used to answer the objectives of the study. “According to Jackson (2009) a descriptive

research methods fundamentally describes situations. They do not make accurate

predictions; neither do they determine cause and effect. It is not technically a research

method, because it utilizes several individual approaches to data collection, each

depicting a current position of any given situation. The researchers will be preparing a

self administered questionnaire which aims to determine the situation of the

respondents. A questionnaire will be provided for each respondent to answer.

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Study Area and Population Target

The study covered 52, number of married couples living in *the municipalities of

… instead of selected Municipalities in Iloilo. The size and sample was determined by

using this formula:

Formula:

𝑁
𝑛=
1 + 𝑁𝑒2

Where:

n= the appropriate sample size

N= total population

e= the margin of error, set at 0.05

The target population consisted of at fifty two (52) married couples in selected

municipality in Iloilo city. The sample size shall be computed pending the determination

of the exact/total number of the population at 5% margin of error. The sampling

technique that will use in this study is a simple random sampling. A simple random

sample is a subset of a statistical population in which each member of the subset has

an equal probability of being chosen. Researchers can create a simple random sample

using a couple of methods. With a lottery method, each member of the population is

assigned a number, after which numbers are selected at random.

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Data Gathering Method

The data needed to research were obtained through the use of self-administered

questionnaire purposely designed for the study. The questionnaires were distributed to

the respondents who wrote their answers to the question in appropriated spaces

questionnaire. Upon retrieval of the accomplished copies of the instrument, the data

were encoded by table, tallied, and tabulated together with the question with

corresponding answers of the respondents. After the researcher handed out the

questionnaire, the researcher first explained how each question work and if they need to

further clarification. The researcher stayed close with the survey participant in case

there is further questioned that will be raised. The researchers encoded and interpreted

the gathered data and information.

Instrument and instrumentation

The instrument that the researcher used was a researcher – made questionnaire

which has two parts; the first one contained the respondent’s personal profile like:

name, age, sex, religion, years of living together, child/children, and educational

attainment. The second part contained questions to gauge the perception of married

couples towards the legalization of divorce. All questionnaire were scored by their

frequency: (5) strongly agree – very high level of perception, (4) agree – high level of

perception, (3) undecided – average level perception, (2) disagree – low level of

perception, (1) strongly disagree – very low level of perception. The weight of their

answer was based on their responses. The researcher used a scoring method based on

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the Likert Scale where respondent were asked a set of question and they choose their

answer from strongly agree to strongly disagree.

Table 1.

Weight Response
5 Strongly Agree
4 Agree
3 Undecided
2 Dissagree
1 Strongly Dissagree

Each answered questionnaire will be scored depending on the average weight of the

result; the analysis will be as follows:

Mean Score Description


4.21 – 5.0 Very High Level of Perception
3.41 – 4.2 High Level of Perception
2.61 - 3.4 Average Level of Perception
1.81 – 2.6 Low Level of Perception
1.0 – 1.8 Very Low Level of Perception

Data analysis and interpretation

The questionnaire that was distributed and gathered measured the level of public

trust about Philippine criminal justice system among students of Central Philippine

University. The data that was gathered from the questionnaires were tallied for

interpretation and analysis using frequency distribution, percentage, mean, Z-test, and

ANOVA. All data gathered were subjected to SPSS for processing. Margin of error was

set at .05 alpha levels.

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Chapter 4

Results and Discussion

References

http://newsinfo.inquirer.net/917470/divorce-bill-edcel-lagman-sol-aragones-house-

committee-on-population-and-family-relations-pantaleon-alvarez

http://newsinfo.inquirer.net/870863/no-divorce-no-same-sex-marriage-no-altar-date

https://en.wikipedia.org/wiki/Divorce

http://www.foryourmarriage.org/catholic-marriage/catholic-beliefs/meaning-and-purpose/

http://newsinfo.inquirer.net/680740/3-out-of-5-filipinos-want-legalization-of-divorce-sws-

survey

http://newsinfo.inquirer.net/335189/divorce-battle-starts-in-house-2-bills-filed

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http://www.rappler.com/newsbreak/iq/117260-in-numbers-marital-woes-annulment-

philippines

HOUSE BILL 2380

http://cnnphilippines.com/news/2015/03/24/survey-pinoys-favor-divorce.html

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