PRO DIVORCE

CLAIM 1: It will be beneficial to spouses suffering from abuse

I am pro divorce because according to the family code of the Philippines, “Marriage is a special contract
of permanent union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life.” Marriage, being a contract, has obligations which are “to live
together, observe mutual love, respect and fidelity, and render mutual help and support.” Once the
contract agreements have been breached especially if the relationship has already been progressing into
an abusive one, it is only right to dissolve the agreement.

According to the 2017 National Demographic and Health Survey, one in four formerly married women
aged 15-49 has experienced physical, sexual or emotional violence by their husband or partner. One in
five women experienced emotional violence, 14 percent experienced physical violence, and five percent
experienced sexual violence by their husband or partner.

Despite the presence of The Republic Act No. 9262 or The Anti-Violence Against Women and Their
Children Act of 2004, this doesn’t ensure the dissolution of marriage and it is only applicable to legal
separation which doesn’t allow remarriage. According to Atty. Hanna Bravo, VAWC isn’t an automatic
ground for separation because you still must file a criminal case unlike under the divorce bill wherein
even without the conviction, if there’s an act, it is already acceptable.

REFERENCES:

https://psa.gov.ph/content/one-four-women-have-ever-experienced-spousal-violence-preliminary-
results-2017-national

https://www.smartparenting.com.ph/life/love-relationships/divorce-law-philippines-a704-lf-sa00177-
20190414-src-cosmo-lfrm

http://hrlibrary.umn.edu/research/Philippines/Exec.%20Order%202009%20-%20The%20Family
%20Code.pdf

CLAIM 2: Divorce provides relief and better end results for the petitioner compared to the already
present legal termination of marriage.

Legal termination of marriage is available in the Philippines. However, these means are costly, time
consuming and won’t guarantee the termination of the contract. Aside from that, these options have
different grounds and don’t have the same results.

The grounds for the proposed divorce bill are:

1. The grounds for legal separation under Article 55 of the Family Code of the Philippines, modified
so as the physical violence or grossly abusive conduct need not to be repeatedly done to be
considered as a ground. Unlike under legal separation which requires the physical abuse to be
repetitive, under the proposed divorce bill, only once is enough.
 2. Grounds for annulment of marriage under Article 45 of the Family Code of the Philippines,
provided that the grounds mentioned in numbers 2, 5 and 6 existed during or after the
marriage.
3. Psychological incapacity of either spouse under Article 36 of the Family Code of the Philippines,
modified to allow it to be a ground for divorce whether the incapacity was present at the time of
marriage or after.
4. All acts under section 5 of Republic Act No. 9262 or Violence Against Women and Their Children
Act of 2004
5. The crime of rape against the petitioner before the marriage. According to Atty. Bravo, this
ground is for those who decided to marry the person who raped them. Under our currently
existing laws, the offense would be erased if the victim decided to marry the person who raped
them. With this ground under divorce, the victim can now file a case against the person who
raped them even after marriage.
6. When one of the spouses has been sentenced by final judgement under Republic Act No. 9262,
Republic Act No. 9995 and Republic Act No. 9775. These laws are for those who are abused
physically, mentally, emotionally and sexually, whether the petitioner is the spouse or their
common child.
7. When the spouses are legally separated for at least 2 years
8. When the spouses have been separated for 5 years upon the filing for divorce.
9. Irreconcilable marital differences

The grounds stated above shows that it will be cheaper compared to the current options for legal
termination of marriage. According to Atty. Bravo, it will be more expensive if the grounds are
harder to be proven and under the divorce bill, the grounds are all based on the experience and the
act itself.

Under section 9 of the proposed divorce bill (summary judicial proceedings), it is also stated that it
will be a faster process because it will be considered as a priority by the court. The faster the
process, the cheaper it is.

REFERENCES:

http://www.congress.gov.ph/legisdocs/first_17/CR00640.pdf

https://www.smartparenting.com.ph/life/love-relationships/divorce-law-philippines-a704-lf-sa00177-
20190414-src-cosmo-lfrm

http://hrlibrary.umn.edu/research/Philippines/Exec.%20Order%202009%20-%20The%20Family
%20Code.pdf

CLAIM 1:

EVIDENCE (stats, analogies, references):

CLAIM 2: It may be argued that it may be seen as the “easy way out”

EVIDENCE:
Divorce may

ANNULMENT Vs. DIVORCE

ANNULMENT

- lack of parental consent

- psychological incapacity
- consent was fraud
- marriage by force or intimidation
- inability to consummate the marriage
- if one party has contracted a sexually-transmissible disease

 Varying judicial interpretations as to what constitutes psychological illnesses as well as the lack
of appreciation of evidence of physical, emotional and psychological abuse. 
 Expensive (approx. P250,00)
 Takes too long (1 to 10 yrs.)
 Can’t guarantee that it will be granted
 Allows remarriage

LEGAL SEPARATION

- repeated physical abuse from partner

- coercion to change religious or political affiliation
- attempt of respondent to corrupt petitioner or their child to engage in prostitution
- respondent meted with imprisonment of more than 6 years
- drug addiction of spouse
- lesbianism or homosexuality
- bigamous marriage
- sexual infidelity or perversion
- attempt against the life of spouse
- abandonment without justifiable cause for more than a year
 doesn’t allow remarriage