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PROPOSITION: The following shall be the effects:

Let it be resolved that divorce should be legalized in the Philippines.


Status of children is legitimate.
First speaker of the affirmative side (Arguing the need to legalize divorce in
the country) Custody of the children belongs to the innocent spouse.

Status quo confronts the Philippines with many unhappy, troubled and Parties can validly remarry.
failed marriages. Couples in such marriages are imprisoned and deprived of
the quality of life they deserve due to lack of remedy in our present law. Marriage deem existed but ceased to exist.
Although we have legal separation, declaration of nullity of marriage and
annulment, these remedies do not directly answer the problem of a marriage Settlement of property regime in accordance with law.
which was seemingly good at the start, but gone chaotic during the marriage.
The problems with the present laws are that legal separation only Judge: Do you limit the parameters of your proposition to three grounds (serious
perpetuates a dead marriage a marriage only on paper and that the physical violence, psychological incapacity, and the one under Article 26 of the
grounds for annulment and declaration of nullity require juridical Family Code)?
antecedence which is unlikely found. These problems will be answered by
the legalization of divorce. Speaker: Yes.

This side of the house proposes the legalization of divorce based on the Now going to my argument: Divorce is not anti-family nor unconstitutional,
following grounds: first, commission of grave violence against the spouse or unlike what opponents contend. The definition of a family should not be
their children grave characterized by habituality and serious physical strictly limited to that of a nuclear family. In our context, solo parents and
violence and second, psychological incapacity without the need of proving extended families are recognized. The word family should be based on the
juridical antecedence as it may manifest only during the marriage, thus, real and actual relationship between the parties. And nullity of declaration of
effectively repealing Article 36 of the Family Code. marriage a child suddenly disowned by history and past relationships,
why? Because his parents are deemed not married. In our paradigm, we will
The following shall be the safeguards of the law: only sever the contractual relationship, and the biological and emotional ties,
which is what the Constitution protects. Also, divorce is necessary and real
First, State intervention in the form of mandatory pre- and post-divorce in those abusive marital relationships. Yes, they file for legal separation, but
counseling for a period of one year before and after the case is filed, and they desist because of fear of not being economically supported, or they
protection of battered spouse. condone their husband because of the violence they undergo, and then the
baiting continues. With divorce, their necks are free from the hands of their
Second, legal support by working spouse to the other spouse during the evil spouse, and then an empowered and independent individual emerges,
proceeding in case the other spouse has no job. which can build a new and quality life with her children.

Third, divorce obtained by Filipinos abroad will be recognized if it conforms Interpellation from the negative side
with our law.
Interpellator: Just a clarificatory question, are the grounds that you said your own,
Judge: Can you discuss how the State intervenes the marriage? or are these the grounds provided by the current pending bill about divorce.

Speaker: The State will intervene the said marriage in a way that the State will still Speaker: It is our own.
protect the said marriage by having the mandatory pre- and post-reconciliation in
order to protect the negative effects of the said divorce. Interpellator: So are you aware of the current pending bill of divorce?

Speaker: Yes.
Interpellator: So are you also aware that there are also added grounds there such as We concede that there is no perfect system nor law, but the vinculum that
irreconcilable differences wherein it can also be a ground for divorce? preserves marriage is very valuable to the State in protecting the family as an
inviolable social institution.
Speaker: Its not our concern because we have limited the grounds in the said three.
First argument: Divorce is not necessary because it threatens the preservation
Interpellator: So you portray divorce as a tool of the woman against the abusive of family. Why do we need divorce if at present, we already have more
spouse But the woman is not the only party who can file for divorce, therefore, the comprehensive and better alternatives in solving conflict?
male spouse who is abusive can also use the same mechanism to forward the
patriarchal interests and to abuse the woman Is divorce primarily to protect the What are these laws to begin with?
womans right?
For violence, we have the Anti-Violence Against Women and their Children
Speaker: The spouse, because it is not only the women who are abused. Act, which provides penal sanctions to those who abuse his wife or children.
VAWC allows the woman to file for a temporary protection order where the
Interpellator: Are you aware of the present mechanism such as the Anti-Violence man can be ejected from the conjugal home even without the usual court
Against Women and their Childrens Act? Are you aware that under the same law, hearing. The goal of the affirmative side is women empowerment anchored
it already provides for the remedies that you want in this debate? on divorce, but the VAWC already provides for that. What empowerment is
better than to consider even the kicking of the womans pet that constitutes
Speaker: Yes. stress to the woman?

Interpellator: So you can see that the status quo is already providing mechanisms to Criminal law as well penalizes any act of disloyalty, such as bigamy or
address these problems? concubinage. We have even adopted Battered Woman Syndrome, a foreign
doctrine which justifies the woman from any criminal liability if she killed
Speaker: It is insufficient. her husband due to cycles of violence inflicted on her.

Interpellator: Do you agree that the bond can be dissolved in annulment or via Judge: You enumerated so many laws wherein you said that it will prevent domestic
annulment through psychological incapacity? violence, among those laws, what is the best law that should be applied in the
Philippine setting?
Speaker: Yes.
Speaker: I think its the Anti-Violence Against Women and their Children Act,
Interpellator: So you are also admitting that there is really no uniqueness in the bill because most of the separation cases filed are anchored on the fact that the husband is
that you are proposing because at the end of the day, the spouse can also resort to abusive of the wife, but this particular special penal law already addresses that
what the present law provides? problem, and we say that this particular law is more comprehensive, and it addresses
the problem head-on.
Speaker: No.
The law is not blind and deaf to the cries for justice of these abused women.
First speaker from the negative side (Arguing that divorce should not be The law has never turned its back, rather the Philippine jurisprudence is
legalized in the country) evolving and adopting laws to solve current problems. We argue that these
laws are even more comprehensive to begin with. Marriage is a special
The spirit of the law is that which gives life to the letters of the law. Tonight, contract, second argument; divorce is not necessary because it gives
the negative side will defend the wisdom of marriage laws, and the unbridled freedom on the spouses to assert and define the grounds to
significance and benefits of sustaining the status quo. dissolve marriage. In Maynard vs Hilth, every contract is founded on the
agreement of the parties, but marriages are not mere contracts. It may not be
modified, restricted, or enlarged entirely upon the consent of the parties.
Once the relation is formed, the law steps in, and holds the parties to various
obligations and liabilities. Evidence: in the US, the court only approves 22% Interpellator: Hence, our policy is not unconstitutional as it is based on the same
of the entire divorce cases filed. The couples whose cases were dismissed ground. Is it not a fact that in courtship we put our best foot forward?
ended separating anyway. Why? Because there is the filing of indiscriminate
cases that testifies that the remedies being abused couples flock to one easy Speaker: Yes.
solution which allows them to terminate message.
Interpellator: Is it not a fact that there are unforeseeable problems that arise during
Judge: As early as 1917, and even during the Japanese occupation, absolute divorce the marriage?
has already allowed in the Philippines, is it your position and even under the family
code, it is allowed it is allowed under article 26 in the case of an alien spouse Speaker: Yes, but that does not justify divorce.
obtaining a divorce allowing him to remarry? Is it your position that prevailing
Philippine culture or norm is not ready for that? Interpellator: There are conflicts peculiar to marriage, are there not?

Speaker: Yes. It is also my contention and it will be further discussed by the Speaker: Yes.
practicality speaker why it is not practical to adopt that. Thank you.
Interpellator: Like costly financial matters, like domicile
Interpellation from the affirmative side
Speaker: Yes, I agree with that.
Interpellator: Does annulment sever marital ties?
Interpellator: That these are areas of potential conflict even under the law, is it not?
Speaker: Not necessarily.
Speaker: Yes.
Interpellator: Okay, but couples who are legally tied are no longer legally related,
right? Interpellator: And a spouse may react adversely to these conflicts?

Speaker: Yes. Speaker: It seems that you are sticking to your super prepared speeches No.

Interpellator: So does that in effect violate constitutional provisions as well? Interpellator: Is it not a fact these reactions can be severe in their effects?

Speaker: No. Speaker: Of course, they can be severe but it does not justify divorce.

Interpellator: Then you are necessarily treating this as an exception. Interpellator: Then domestic violence, lying, cheating, may result from conflict, is it
not?
Speaker: No. Speaker: Yes, which is addressed by criminal law.
Interpellator: Then if no, this principle is based on the failure to comply with marital
obligations, correct? Interpellator: The reactions may have manifested were it not for the conflict?

Speaker: Not only marital obligations. Speaker: Yes?

Interpellator: In our policy, we refer to the failure to comply with marital Interpellator: Thus, domestic violence can only emerge during marriage. Thank you,
obligations, do we not? Mr. Speaker.

Speaker: Yes.
Second speaker from the affirmative side civil with each other and how to continue to communicate with their children. That
is what is lacking again in status quo. Secondly, divorce is proven beneficial to
First two rebuttals, the opposition makes much ado about VAWC law gravely troubled marriages. Studies show that children whose parents divorced
however this is ineffective. I ask you, what happens after the spouse is freed perform better academically than children from similarly troubled marriages whose
from imprisonment? The abusive spouse returns to beat the victim spouse parents went to.
once again. How is that sufficiency of the law? It is clearly inefficient. Second,
they make much ado about US divorce. However, what we have to analyze Judge: Will the enactment of a divorce law affect a very strong marriage?
that US states implement no fault divorce. No fault divorces meaning there is
no state intervention. Therefore, these applications are inapplicable to our Speaker: No, because the foundation of a marriage presupposes that parties do not
current setup because of state intervention. beat each other up. However, so divorce will not affect happy and fulfilling
marriages. However, if we refer to marriages, which are already characterized by
Now moving to my speech, how thus our policy on divorce vary from theirs? grave violence, these marriages require the remedy of divorce. Therefore, divorce will
First, our policy on divorce differs because of the imposition of mandatory not affect happy marriages. Divorce caters solely to those aggravated marriages
pre imposed divorce counseling. Pre-imposed divorce counseling teaches which we are trying to address. Lastly, we say that marriage allows couples better
communication, legal education, conflict resolution, and cooperation skills financial stability and actually allows them two parent family structure. Its better
and includes reconciliation and counseling options. These necessarily to have two parents than one.
produce the following results. One, because of legal education, couples make
informed decisions and we avoid absurd situations where couples Interpellation from the negative side
unknowingly and unwittingly have made their children illegitimate, i.e.
annulment. Secondly, because of psychological counseling, the parents are Interpellator: Your proposal is rather exhaustive in so far as having of lot of options
taught the proper coping mechanisms to deal with the procedures of divorce to solve the marital problems, right?
and taught how to communicate with their children. Thus, we mitigate the
necessary negative effects of separation. Thirdly, counseling extends post- Speaker: Yes.
divorce allowing couples to resume a degree of normalcy in their lives. This
is preferable than status quos. Because in status quo, we have actual areas of Interpellator: Why is it then still necessary if we can solve those problems through
operative separation, i.e. through legal separation, annulment, and the existing mechanisms that we have since they are not mutually exclusive in your
declaration of nullity. However, these legal measures have inadequate proposal. why cant we fully implement those mechanisms so that we cannot reach
safeguards. that point wherein we have to sever the marriage?

Judge: Mr. Speaker, my question is, is divorce the final answer to domestic violence? Speaker: With all due respect, but I dont see counseling in any of the options in
Especially that the Philippines is a Catholic country status quo.

Speaker: Your honor, at this point, we say that yes it is one of the best features that Interpellator: Does it not exist and provided for by a lot of mechanisms? Assuming
we have because when couples legally separate we actually allow sever of all ties so for example it is not provided, can the state have an incentive to break that part of
that the abusive spouse has no actual reason to go back to the victim spouse. And the solution in so far as solving these problems?
this is something that is concretely lacking in VAWC and other existing laws that
we have now. This is clearly better than what we have in status quo. Now, Speaker: You are conceding that there is a flaw in our current laws and that is what
proceeding further your honors, by recognizing marriage, we recognize both the legal we have to remedy.
and psychological benefits and effects or the backlash of separation and allows state
intervention to mitigate these consequences. And the declaration of nullity, the Interpellator: Yes, we conceded that there is a problem and there is no perfect setup,
parties are legally justified to pretend that no marriage ever existed to pretend that I but cant there be any other alternative not to severe the marriage?
dont have to deal with the backlash of having my child to suffer from our separation.
This is what we avoid with post counseling. Because parties retain the bonds of Speaker: There is none because in divorce we actually allow the families to continue
kinship by being civil because that is what counseling teaches to them, how to be with the bonds of family and kinship.
For example, Manuel vs People, which it declared that marriage created the
Interpellator: If that particular marriage is severed, and you were not able to most important relations in life as having to do with morals and civilization.
rehabilitate the other spouse who is abusive and he reenters into another relationship, That is why all decisions currently, when you talk about failed attempts to
will it not also become a cyclical you know scenario wherein that particular spouse dissolve the marriage is ruled in favor of the union because our laws and our
that also abused the other spouse? society seeks a value in maintaining that particular union.

Speaker: That is the problem in the constraint of the VAWC law. You allow the Judge: Mr. Speaker, how can you expound that marriage is not a mere agreement but
spouse to be imprisoned, be freed and then go back to beat up the victim spouse. beyond that?

Interpellator: If that is the problem, then you can rehabilitate the other person and Speaker: Because it entails another party. It is not only the two p=spouses but also
makes sure that he understands the danger and circumstances of his marital the state. Because the state also regulates and limits the kind of exercise of privileges
obligations. that are contained in that particular marriage or contract, sir. Thank you.
Proceeding to now my argumentation, we believe that marriage is necessary for state
Speaker: That characterizes the cycle of violence. It is against the very nature of the preservation. It is more beneficial for us to stand with the valid principle of making
spouses. They cannot be rehabilitated because of the very idea of the cycle of violence. the family as a social unit. In your particular model, when you allow divorce, you
devalue marriage because it becomes a cut off solution to the vaguely defined
Second speaker from the negative side problems that you already provided. It is not even comprehensive; it is only three. It
does not even include other grounds that can actually exist in an abusive marriage.
We concede that at some point, love can be sweeter the second time around. It is an easy way out when all fails. And we have to recognize that they are actually
But this doesnt mean that we can have the right or the privilege to simply capable of complying with their marital obligations. You dis-incentivize couples to
rennet on our promises specially when this promise is not only to another avail of the plethora options that we have in saving that particular marriage such as
spouse but also with respect to the state. That is why we concede your VAWC such as even counseling.
honors that there is some value in dissolving certain marriages. But this
should only be the exception rather than the general rule. Because our Judge: Considering that divorce among Filipino Muslims is allowed, doesnt the
present system recognizes that when the situation is already of that extent constitutional mandate of equal protection demand the same treatment?
that you have to sever the marriage due to psychological incapacity then
sever the marriage ladies and gentlemen. Speaker: It should not sir because there is a difference with the marriage within the
Muslim clause. It is something integrated in their culture and within their person.
Ill discuss why divorce is not beneficial in better preserving and protecting that is why equal protection applies to them if you are a Muslim because it applies to
the interest of our major stakeholders. I will nuance this first on the level of all of them but not necessarily to a Catholic or other individuals.
the state. Marriage is after all a special contract vested with public interest. Judge: are you saying that you think there is no discrimination when we allow
Second with respect to the couples and the family, the active players in the Muslims to have divorce and non-Muslims not to have divorce?
marriage and the formation of a family, the institution to which a social
fabric is actually based upon. lets proceed to the first level. The state through Speaker: There is no discrimination.
the government is a third party in every marriage.
Interpellation from the affirmative
Marriage as a contract is a matter of privilege rather than a right. Thus, the
requirements that are strict in its perfection once entered into forms part of a Interpellator: Id appreciate yes or no answers to these series of question, please. So
social contract between the citizens and the state. You have the responsibility first question, negative effects arise from separation, do they not?
towards the state that the by-product of the union which is the family is
supposed to be an incremental element in the formation of a strong citizenry Speaker: Yes.
towards nation building. This particular wisdom is embedded in a lot of
jurisprudence. Interpellator: Now, these negative effects extend to legal separation, annulment, and
declaration of nullity, do they not?
Speaker: Yes, it is not mutually exclusive. Interpellator: Is there post counseling in declaration of nullity?

Interpellator: Yes, these policies do not provide mandatory counseling, do they? Speaker: No, it doesnt provide.

Speaker: No, as of the moment, but we can add. Interpellator: Then it doesnt exist. Then those studies that you cited earlier are
based on separation, correct?
Interpellator: They do not, okay. So counseling mitigates or eliminates negative
effects, does it not? Speaker: No.

Speaker: It can, but it cannot eliminate state law. Interpellator: Isnt divorce a mode of separation?

Interpellator: However, it mitigates effects, does it not? Speaker: Yes, it is a mode of separation.

Speaker: We are not so sure where it can mitigate. Interpellator: So those studies are based on the US?

Interpellator: But thats s a yes or a no? Speaker: No.

Speaker: Yes, it can. Last speaker from the affirmative side

Interpellator: Okay, thank you. But the effect of possible mitigation is non-existent Why should we let couples stay together when each of them treats the other
in status quo, correct? not as their better half, but their bitter half, to the point that one is abused
and that human dignity is not respected?
Speaker: It can be present if you avail of that particular
The practicability of passing a divorce law in the Philippines is anchored on
Interpellator: Yes or no, please. Its not present, is it? the following principles:

Speaker: It is present. First, it fosters expediency and convenience to the parties. Divorce law caters
to the myriad causes of marriage breakdown during the existence of
Interpellator: Is there post-divorce counseling in status quo? marriage, as such, the need to prove that the marriage is void or defective
from the very beginning or at the time of the celebration of the marriage is
Speaker: There can be counseling. not necessary, therefore, can be dispensed with.

Interpellator: Yes or no? But more importantly, divorce proves to be practical because it is a remedy
available to the existing marriages in the Philippines that have arrived at an
Speaker: Yes, it does exist. unfortunate end. This would favor those who are separated in fact by reason
of grave spousal abuse or domestic violence. This means to say that couples
Interpellator: Is there post counseling in annulment? are given the opportunity to sever an already broken marriage.

Speaker: No. Judge: Is it your position that the regime of legal separation with the ten grounds
therefor is practically useless? Why or why not?
Interpellator: Is there post-counseling in legal separation?
Speaker: No, but the remedy provided in legal separation is not sufficient because it
Speaker: No. does not actually sever the marital bonds, so the danger that the spouse might again
condone the act of the husband or wife is still present in the status quo.
Practicability requires adherence to public policy. A feasible statutory law
upholds the core ideals of society. By passing a divorce law, deeper sense of Interpellator: What s the value then of your external bill if we can address your
societal responsibilities is advocated, and these are the prevention of illegal problem of no counseling and not buffering the effects to the spouses themselves?
cohabitation and illegitimacy of children. Reality proves us that a person
who is separated in fact or legally separated, seeks another arms for love, Speaker: We have forwarded a lot of benefits and necessity of passing a divorce bill,
comfort and support. Of course, this is inevitable because of human tendency and were not only focusing on post-counseling.
to desire for love and to be loved. However, as we have said, the present
laws make it difficult for that to happen, because legal separation means only Interpellator: Should the State stand by a workable marriage, in your opinion?
a separation from bed and board, while annulment and declaration of nullity
of marriage rarely accommodates the causes of marriage breakdown during Speaker: Of course.
the existence of the marriage.
Interpellator: In a divorce, is it not true that a marriage is valid for all intents and
Judge: Because you want a divorce here in the Philippines, could you give me at least purposes until something goes wrong?
10 grounds in order that there will be a valid divorce?
Speaker: Yes.
Speaker: We can only give two: grave spousal abuse, and psychological incapacity,
which will effectively repeal Article 36 of the Family Code. Interpellator: So there is an interval in the marriage, where the marriage was
workable in the running to the breakup of this particular marriage?
Needless to say, illegitimate children are less favored by law, i.e. their shares
of legitime, right of representation, stringent proof of acknowledgement. Speaker: Yes, but we cannot foresee
These are the things that we want to avoid. With the passing of divorce, the
consequences will at least be minimized, if not totally prevented. As weve Interpellator: Should the State find it more practical to prevent the breakdown of a
said, the couples are given the opportunity to marry without legal marriage before it even becomes that bad?
impediments that will affect the status of the relationship, and the status of
their innocent children. With that, the affirmative has proven the necessity Last speaker from the negative side
and the practicability of divorce law.
This is what we have to say why divorce is flawed in principle. We say that
Interpellation from the negative side the model is inherently impractical on three main levels. It creates a
dangerously open-ended paradigm because it expands the idea of
Interpellator: It is your case that there is no mechanism for pre- or post-counseling psychological incapacity. More than that, its redundant, and more than that,
in existing laws, and because of this, it is necessary to have a divorce bill? its hinging on the case that there is no pre-imposed marriage counseling,
which is rather non-sequitur to begin with. We say that its predicated on the
Speaker: Yes. notion that existent legal remedies arent enough, so divorce, as an added
alternative is the silver bullet to any and all marital problems. We say thats a
Interpellator: So in essence, youre using the lack of a counseling mechanism to problem-solution mismatch.
hinge and forward the case of divorce?
Such solution is unresponsive to the real problems and its redundant. The
Speaker: No, we have also eliminated the necessity of proving juridical antecedence. irreparable breakdown of a marriage happens in a timeline. In a divorce,
nothing is previously wrong with marriage when it was celebrated it was
Interpellator: If your problem is the lack of counseling, do you not think that it is valid for all purposes until it breaks down. Does not happen overnight but it
practical that we can simply amend annulment grounds to allow for this, instead of happens because of events that arise during the pendency marriage. These
a divorce bill? are problems that add up over time. This presupposes that there was an
interval of time prior to marital collapse where issues where not hopeless or
Speaker: We wanted severance of marital bonds.
unworkable. The state could have stopped the marriage from breaking down side of marriages validity because we can prevent it from breaking down in
during this interval of time. the first place.

Judge: If you were a battered wife would you not file a divorce if we had divorce law Interpellation from the affirmative side
in the Philippines?
Interpellator: They have already conceded the laws insufficiency. The insufficiency
Speaker: No, I would look at the other remedies that we currently have already. This of status quo. Marriage is founded on love, respect, happiness, mutual help and
is what the state should encourage me to do. support?

This is where we feel the state should step in. During the interval where the Speaker: Yes.
marriage is not yet unworkable and where the marriage can be saved so we
dont have to get to the point where we need divorce. We should prevent the Interpellator: If a husband beats his wife? Is there respect?
conflict, encourage reconciliation, and save the marriage. This is the
difference between annulment and their set up of divorce. Annulment means Speaker: No but not answerable by divorce.
the marriage was never valid to begin with because there was an
impediment during the marriage is celebrated. In divorce, the time reckoning Interpellator: If a husband abuses his wife is there love?
is from the time the problem occurs till the marital collapse, which we say we
can do something about in the interim. Speaker: No, but not answerable by divorce.

Judge: Do you agree that psychological incapacity is actually used as a divorce Interpellator: If a child sees their parents constantly fight, is there happiness for the
provision? family? Does divorce make them more agreeable families?

Speaker: Yes. But you have there are safety measures such as proving gravity, Speaker: No.
juridical antecedence and incurability. In divorce, they cut out all these restraints to
make the process quicker. Interpellator: Without love, happiness and mutual respect, there is no marriage or
family for the state to protect.
So we say it is not practical to incentivize the tragedy by simply waiting till
the problem becomes that bad when you could have prevented it in the first Speaker: I dont agree.
place. Impractical to say a state could dissolve a marriage that it could have
saved in the first place. Its a misaligned thrust. If you want the new option Interpellator: Is that the kind of family that the state seeks to protect?
because you think you dont have counseling, then amend your laws. If you
think its hard to procure, give your OSG the sufficient machinery to resolve Speaker: The State seeks to protect all valid families. That answer isnt answerable
cases quicker. We have around 800 of these cases per month. There is only a by yes or no.
delay because the OSG doesnt have the machinery to quickly investigate
collusion. If the problem is violence and battered women according the Judges deliberations
statistics of house bill 1799, your penal laws are sufficient. You need only to
exhaust the remedies. If your problem is a lack of a clear idea of the Affirmative side: Had quality arguments. Wise to have circumscribed the
intricacies of marriage ten we say the answer to the problem is not divorce parameters of your proposition and you limited the grounds and you even
but to educate your people. It is redundant on this level. 1 st, we think the provided post-divorce decree remedy. You moved away from the concept
mechanism merely mirrors some already existing mechanisms. In fact, these presented by the House Bill and that way you were able to mitigate the
existing mechanisms are better. It is intrinsically disagreeable. We heard no impact of your opposition. More importantly you were able to minimize
standards or assurances from them that this will mesh with the culture of the exposure from various frauds from interpellation.
Filipino people. This will go against the constitutional mandate to err in the
Negative side: I would like to commend the Bedans for presenting solid
arguments. You also gave out laws and jurisprudence. You were very good
in your interpellation.

Affirmative side wins.

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