You are on page 1of 24

1.

CURRENT LAWS THAT ALLOW FOR LEGAL SEPARATIONS AND


ANNULMENTS ARE FLAWED.
For couples who want to dissolve their union or live apart, there are two
options: legal separation and annulment. A legal separation allows a couple
to divide their properties and live apart, but it does not dissolve their
marriage, i.e., they cannot re-marry. In annulments and declaration of nullity
of marriage, you have to prove that the marriage was invalid from the start
according to a certain set of reasons such as impotence, homosexuality,
mistaken identity, or psychological incapacity, among others.
Both are options are flawed. In legal separations, everything but the
marriage is dissolved. Quite literally, the couple remains married only on
paper. In an annulment, you must prove that your reason for wanting to
nullify the marriage existed even before the marriage--this requires one to
declare and prove that his or her partner is incapable of functioning as wife
or husband.
The idea of couples wanting to end their marriages is not a new to Filipinos.
As womens rights advocate Beth Angsiocowrote in her column, "We
already have laws for those who only want property settlement, and those
with void and voidable marriages. Why not a law for valid but failed
marriages?"
2. 2. DIVORCE USED TO EXIST IN THE PHILIPPINES
According to Atty. Fred Pamaos, thePhilippines once had a law on
divorce. Before the Spanish colonial rule in the early 16th century, absolute
divorce had been widely practiced among our ancestral tribesthe
Tagbanwas of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot
of the Cordilleras, the Manobo, Bila-an and Moslems of Visayas and Mindanao
islands, to name a few.
During the American period and Japanese occupation, some form of divorce
was already in place. It was actually the 1950 Civil Code of the Philippines
that abolished these laws.
3. 3. THERE ARE SECTORS IN PHILIPPINE SOCIETY THAT PRACTICE
DIVORCE.
The Code of Muslim Personal Laws of the Philippines allows for divorce
however, with stipulations: namely, a man can divorce his wife, but a
woman cannot divorce her husband.

4. 4. IT IS A RECOURSE FOR WOMEN WHO ARE IN ABUSIVE


RELATIONSHIPS.
According to the Philippine Commission on Women website, physical
injuries and/or wife battering remains to be the most prevalent case across
the twelve-year period, from 19972009, accounting nearly half (45.5
percent) of all reported violence against women (VAW) cases nationwide.
In the Philippines, spousal abuse and infidelity are not grounds for the
annulment of marriage.
5. 5. THE STIPULATIONS OF AN ANNULMENT ARE DESTRUCTIVE.
The most commonly used reason for an annulment is psychological
incapacity. It requires that you prove that your spouse (or both of you) is
indeed psychologically incapable of performing the responsibilities that come
with being married. In legal terms, that means presenting evidence that
proves this allegation. To back up your claim, you need to get a psychological
report which can be expensive.
6. 6. DIVORCE HAS NO RELIGIOUS BIAS.
Because of the separation of Church and State, getting a civil annulment will
only mean that your civil union has been dissolved. This is fine if you were
married in City Hall, but if you had a church wedding, this means that your
church union is still intact. To nullify your church wedding, you need to go
through the whole process again, this time with the archdiocese. This action
will cost more and take longer.
Many opt to get only a civil annulment, but the drawback is that if you chose
to re-marry, you cannot do it in church.
7. 7. PEOPLE ARE IN FAVOR OF DIVORCE.
According to a Social Weather Station survey conducted in March 2011,
50 percent of adult Filipinos agree and 33 percent disagree with the
statement: 'Married couples who have already separated and cannot
reconcile anymore should be allowed to divorce so that they can get legally
married again. In 2005, a similar survey was conducted which showed that
43 percent of adult Filipinos were in favor of divorce and 44 percent were
not.
This shows that the public, regardless of their marital status, is now more
open to accept the possibility of divorce.

8. 8. AN ANNULMENT IS AN EXPENSIVE PROCESS THAT NOT EVERYONE


CAN AFFORD.
The cost of proving grounds for an annulment, such as psychological
incapacity, requires the hiring of specialists and the like, which can cost
thousands of pesos--not something everyone can afford.
Clare Padilla, Executive Director of EnGenderights, an NGO that provides
legal services, pointed out that the current situation [no clear law on divorce]
puts wives in abusive relationships in a bind: Many women end up
cohabiting with their current partner without having their marriage nullified.
And because of this, some women are dismissed from government service
precisely because of these 'immorality issues.'
9. 9. DIVORCE DOES NOT DESTROY THE FAMILY.
Divorceon any law, for that matterwill not destroy the family. It is only
the members of the family who can do that. Putting a clear divorce law in
place recognizes that some marriages work and some dont. In cases where
a union is more harmful than beneficial, a divorce can be a benevolent and
less hurtful way of severing ties with your partner.

Two completely opposite divorce bills are pending in the House of Representatives. Marikinas Rep.
Marcelino Teodoro filed an Anti-Divorce and Unlawful Dissolution of Marriage Act, seeking to
guarantee a ban on any law facilitating or recognizing divorce. Another bill coauthored by Gabriela
Representatives Luzviminda Ilagan and Emerenciana de Jesus would amend the Family Code to include a
divorce provision. It is backed by no less than Speaker Feliciano Belmonte. Following the enactment of the
reproductive health law, the divorce bills promise to stir up a new controversy involving the Catholic
Church and its supporters. Below is an op-ed supporting the legalization of divorce. This wont be the last
well hear on the subject from either side. Editors)

People who say that divorce is not advisable for the Philippines forget or ignore our history. The
ethno-linguistic communities of the Philippine archipelago before the Spanish conquest
practiced divorce. We had a divorce law from 1917 until August 30, 1950, when the Civil Code
of 1950 took effect. The latter law prohibited divorce for Filipinos, and the prohibition continues
under the present Family Code. But Muslim Filipinos have always practiced divorce, which
Philippine law allowed. Today, divorce continues to be available to Muslim Filipinos under the
Code of Muslim Personal Law of the Philippines (Presidential Decree No. 1083), promulgated in
1977.
So to say that divorce does not exist in present Philippine law is not accurate. The prohibition
against divorce under Philippine law applies only to Filipinos whose marriages are not
governed by the Muslim Code. Since Philippine law on marriage applies to all Filipino citizens
even though they are residing in a foreign country, the prohibition against divorce for nonMuslim Filipinos is also a concern of Filipino expatriates.
We are the only country in the world that has no divorce law for all its citizens regardless of
religious belief or affiliation.
Some think that we do not need a divorce law because the Family Code, which applies to nonMuslim Filipinos, already provides for the termination of marriages through annulment. This
argument misleads. Annulment is a legal term that has a specific meaning. The remedy of
annulment is based on specified grounds that occurred at the time of the celebration of the marriage,
such as lack of parental consent and vitiated consent (as when a person married another at
gunpoint). The remedy of annulment expires, and the defect may actually be cured by
ratification through free and voluntary cohabitation.
Gabriela representatives Luzviminda Ilagan (above) and Emerenciana de Jesus are planning to
include a divorce provision in the Family code. (Photo by Ruby Thursday More/AKP Images)
Misconceptions About Annulment
When lay people speak of annulment as a means of terminating a marriage, they actually
refer to the remedy under Article 36 of the Family Code. Article 36 declares that a marriage is
void from the beginning when one or both spouses are psychologically incapacitated to perform
the essential marital obligations. Under Article 36, a court does not terminate a marriage but
only declares it void. One must prove psychological incapacity by presenting evidence on three
essential elements of the condition: that it already existed before the marriage; that it is grave or

serious; and that it is incurable. To do this, one usually needs the help of a psychiatrist or
psychologist to testify as an expert witness.
But what if the marriage worked in the first ten years, but later the parties drifted apart for some
reason or another? What if the other spouse was violent, unfaithful, indolent, or an alcoholic or
a drug addict? What if one spouse abandoned the family? These may not be used for
annulment, or for a marriage to be declared void under Article 36, unless it can be proved that
these are manifestations of psychological incapacity that predated the marriage.
A divorce law will provide a remedy that Article 36 does not. Divorce does not concern itself
with validity or invalidity of a marriage. It terminates a marriage based on a ground that
occurred during the marriage, which makes the marital relationship no longer tenable,
regardless of the spouses psychological constitution. A divorce law will provide a
straightforward remedy to a marital failure. It will benefit Filipinos wherever they are.

The law should only give people a choice, to be exercised according to their own
personal beliefs.

Pending Bill
A divorce bill has been pending in the House of Representatives for the last six years, sponsored
by the representatives of the Gabriela Womens Party. The bill lists five grounds for divorce,
among them: when the spouses have been separated in fact for at least five years or have been
legally separated for at least two years, and their reconciliation is highly improbable; when any
of the grounds recognized by law for legal separation has caused the irreparable breakdown of
the marriage. The bill has not progressed beyond the Committee level because the energies of
many were focused on the reproductive health bill that was recently passed into law.
There is no more time to pass a divorce law in the current Congress since elections are
scheduled in May. But the bill will be filed again in the next Congress. Can it pass? Yes,
definitely, eventually, with the support of enlightened Filipinos. The lesson we have learned
from past initiatives is that a relevant and much-needed measure that has strong popular
support will pass. Just as sustained citizen support carried the day for the reproductive health

bill, so too will strong popular support make possible the enactment of a divorce law. People
have to make their voices heard in support of the divorce bill.
It is time to give the remedy of divorce to those who need it, even as we respect the decision of
those who want to stay married despite their miserable marital life. To be sure, the Catholic
Church will be the staunchest opponent of the divorce bill. It will once again argue against the
bill on moral grounds. It will invoke the constitutional provision directing the State to protect
marriage and the family, and another that refers to the sanctity of family life. But these
constitutional provisions were never intended to prohibit Congress from legalizing divorce.
Church Need Not Worry
The Catholic Church need not worry. The institutions of marriage and the family have survived
to this day, as they will survive a Philippine divorce law. We are a secular state, where no
religious group has the right to define law or policy for the entire population. There is not one
but a plurality of beliefs in Philippine society. The law should only give people a choice, to be
exercised according to their own personal beliefs.
Every day, Filipinos get married, bear children, separate and get into other relationships,
regardless of what the law says. The lack of a divorce law for non-Muslim Filipinos complicates
further the marital and family problems of many Filipinos. Our government has clearly failed to
respond to their needs. If the country wants to move forward, it has to confront the realities of
marital and family life of Filipinos in the Philippines and abroad. It has to pass a divorce law
now.

My name is zain, in this proposition I am in favor that 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 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.

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. Like our neighbor, (this is an evidence) the
wife and husband had a conflict between them. But the husband had a power, he
hurt 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.

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.

Divorce

1) n. the termination of a marriage by legal action, requiring a petition or complaint


for divorce (or dissolution in some states, including California) by one party. Some
states still require at least a minimal showing of fault, but no-fault divorce is now
the rule in which "incompatibility" is sufficient to grant a divorce. The substantive
issues in divorces are division of property, child custody and support, alimony
(spousal support), child visitation and attorney's fees. Only state courts have
jurisdiction over divorces, so the petitioning or complaining party can only file in
the state in which he/she is and has been a resident for a period of time (as little as
six weeks in Nevada). In most states the period from original filing for divorce,
serving the petition on the other party and final judgment (or decree) takes several
months to allow for a chance to reconcile.

By definition divorce is a legislatively created, judicially administered process that


legally terminates a marriage no longer considered viable by one or both of the
spouses. Divorce is also known as dissolution of marriage. 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. This system was adversarial in nature. Even if both parties wanted a
divorce, one party had to allege wrongdoing by the other. In the 1970's this system
was reformed and a "no fault" system was put in place.

There are advantages to doing your own divorce. You might think the most obvious
is the financial savings. Don't be fooled. A poorly structured settlement agreement
can be more costly to correct after the fact. Keep in mind that this agreement will:
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.

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.

The best solution for having separation is divorce.


Report this Argument

Con

To start off with first, I noticed that you threw a hit at the Catholic Church and then
immediately stated that "ONE OF THE PARAMETERS OF THIS DEBATE IS WE WILL
NOT INCLUDE RELIGIOUS CONOTATION". How can you throw a punch and then say
"no violence" because this is pretty much what you are saying.

You say that divorce is needed when couples have a conflict and need "freedom".
This is not at all what marriage is for. With marriage, mind you, it is a RELIGIOUS
CELEBRATION, you vow before everyone there that you will take them "for better or
worse, in sickness and in health, and til death do you part". It says until death do
you part, not til your first fight gets you angry.

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. Most conflicts that result in divorce here in
the United States are ridiculous. Instead of working it out like two mature adults,
they act like babies and just want out. This is unacceptable as divorce is often
scarring for the children. The family is falling apart and as children, their world is
crashing apart.

"Incompatibility" is not a valid reason in getting a divorce. That is why you have a
dating period and an engagement period before you get married. Dating can range
from several months to several years, and an engagement is usually about 9
months. This is plenty of time to figure out if the two of you are compatible or not.
Granted you will not know every aspect about this person in this time, but, you will
NEVER know everything about your spouse.

You say it yourself "children become pawns in divorce". Then why do you want to
make it legal? Divorce is harmful to the children as you say yourself. You realize this
but you believe it should be made legal. How can you justify this? Throughout your
entire opening debate, you don't even give good reason for divorce, just "if it
doesn't work out". That is not a good enough reason to divorce somebody, if
anything that is a cop out.

Divorce is not the best solution for separation, even separation is not the best
solution. If a marriage is having difficulty there are plenty of ways you can have it
be resolved. First off, you can try to resolve the problem yourselves. Try to find out
what you are doing is bothersome to your spouse, and tell your spouse what they
do is bothersome to you. If that doesn't work, there are plenty of books out there
that talk about the subject. There is also counseling available. There are plenty of
ways to resolve a dispute, its just a matter of finding it in your heart to make an
effort to go out and fix what was at one time a beautiful relationship.
Report this Argument

Pro

Thank you for accepting my debate Mr. Brave Yankee 87. I just want to clarify that
in the Philippines Catholic Church doesn't want to have a DIVORCE in the country

itself but the "BIG BUT there" is we will not include any RELIGIOUS CONOTATION.

I just also want to clarify that divorce is a solution for a couple if only if there was a
conflict and for them to have "FREEDOM". The word freedom their means that the
conflict was WORST!. Because CASE IN THE PHILIPPINES were the husband and wife
have big problems. And they chose to have separation. And this ITseparation is
good for DIVORCE because DIVORCE have agreements such as 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 etc.
hes
This was your statement in your first argument : "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, because the conditions for this
debates are when COUPLES have a problem AND HAVE DECIDED TO HAVE
SEPARATION. And also the parameters that you have stated above.

You have just misunderstood what is my point. I just want you to know that most
cases here in the PHILIPPINES are problem in COUPLES and decided to have
separation. E SHOULD CONSIDER THESE CE PHILIPPINES.This is 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.

In the Philippines, it is best to have divorce compared to have BIG conflicts that

may more affect them and with the child. Will you choose to have BIG PROBLEMS
than to have a divorce that you have AGREEMENTS and it is LEGAL and have
WRITTEN DOCUMENTS that may serve as an evidence for your AGREEMENTS?????

YOU SHOULD CONSIDER NOW THE PRESENT EVENTS HAPPENING IN PHILIPPINES.

Now lets go to the Constitution of the Philippines:

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 2734
)
Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 6873)

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)

These Laws, will be discussed and the lawyers will be 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.


Report this Argument

Con

I don't think that you are understand what I am trying to say. Why can the couple
not talk it out? I've pointed out numerous examples of how a couple can resolve an

arguement. Absolutely nothing can break a marriage vow. A divorce can not break
a marriage vow, it is that simple. As I said before, when you get married you are
making an agreement before God, and all of those attending, that you will stay with
this person TIL DEATH DO YOU PART.

To legalize divorce would allow for the decay of the family. It has happened in
America, it WILL happen if you legalize divorce. By creating "no-fault" divorce, you
are essentially getting rid of the sacred vows of marriage. When you and your wife
engage in the act of love, both of your souls fuse together. A divorce would try to
remove this fusion, which can not be broken. The only way that this can be broken
is the death of one or another.

You can not divide children. How can that be? Because people can not be divided.
Children are extremely fragile and they can feel as if they are at fault. When the
mother and father get divorce, the children are FORCED to pick which parent they
want to be with, which as we all know, one of the parents is going to be hurt
painfully. You can not do this. Divorce is painful for everybody and to allow it for
non-life threatening reasons is disgusting.

Part of a marriage is to work whatever problems you have out with your spouse.
Your spouse is your best friend, well, hopefully they are. I don't know about you, but
when I get into a fight with my best friends, I want to work it out, because their
friendship is important to me. To just disregard everything we've done over a fight
is ridiculous, or at least it should be. However, we live in a world where people are
becoming selfish, and they only care about themselves and not about others. I
would hope that you would want to work everything out with your friend, otherwise,
what kind of friend are you?

The same applies with marriage, if something is wrong, you work it out. You said

you would be with this person for better or for worse, and right now its for worse,
so you would be a liar if you were to seek a divorce. The only valid divorce is if your
life is in danger.

To divide money up, that is ridiculous. If both spouses are working, then they should
not "split up" the money, they can support themselves, and lawyers do not care
about both parties, they just want as much money as they can get their hands on.
Report this Argument

Pro

You know MR. BRAVE YANKEE 87 we are not talking about PEOPLE or what we call
DIVORCE in AMERICA!, Situations in AMERICA are REALLY DIFFERENT in the
PHILIPPINES and PEOPLE in the PHILIPPINES are really different in AMERICA.
CULTURE in the PHILIPPINES are also REALLY DIFFERENT COMPARED to AMERICA
and PROBLEMS about FAMILY in the PHILIPPINES are REALLY different COMPARED to
AMERICA. CONSTITUTION or THE LAWS are really DIFFERENT IN THE PHILIPPINES
COMPARED to AMERICA.

"WHY ARE YOU GIVING EXAMPLES or SITUATIONS IN AMERICA????" in fact this


DEBATE FOCUSES in the PHILIPPINES.

I DID UNDERSTAND YOUR ARGUMENTS Mr. BRAVE Yankee 87. BUT YOU
YOURSELF!!!..did not understand if what I am explaining to you. I am explaining to
you SITUATIONS OF THE PHILIPPINES not IN AMERICA. DIVORCE is just a CHOICE for
a FAMILY if they have VERY VERY VERY BIG PROBLEMS....and THIS is HAPPENING in
the PHILIPPINES..

AGAIN BIG PROBLEMS ARE OCCURING NOW IN THE PHILIPPINES Mr. Brave Yankee
87. So, BIG PROBLEMS is HARD TO SOLVE Mr. Brave Yankee 87. 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
if DIVORCE WILL BE LEGALIZED IN THE PHILIPPINES. So, I strongly BELIEVE that
DIVORCE SHOULD BE LEGALIZED in the PHILIPPINES Mr. Brave Yankee 87.

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.

They will be having AGREEMENTS, and THESE agreement is the GOOD FOR THE
FAMILY, THEY WILL BE DECIDING FOR THE GOOD of the either sides,so it will not be
PAINFUL TO THE EITHER SIDE. This will be the work of the LAWYERS.

"If only your life is in danger" as you've said in your 2nd argument. So this is one of
the REASON to LEGALIZED DIVORCE in the PHILIPPINES. So we should legalize it
because if that will be the case and there is no divorce this may harm you. So we
Should legalize it in the PHILIPPINES. BUT this is not only the reason, 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, if they may have a PROBLEM and in the
PHILIPPINES most of the cases, they HAVE BIG BIG PROBLEMS and they want to
DIVORCE but they can't because it is not LEGALIZED, so DIVORCE again SHOULD BE
LEGALIZED IN THE PHILIPPINES.

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;

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 2734
)
Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 6873)

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)

" PLEASE READ THESE LAWS FOR YOU TO UNDERSTAND!!! Mr. Brave Yankee 87"
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!!!!!

You know Mr. Brave Yankee 87, Do you know what is a PARAMETER??????...

As, Mr. JEMUAL said : "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 Mr. Brave Yankee 87. 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.

And Mr. Brave yankee 87, FOCUS THE SITUATIONS happening IN THE PHILIPPINES
NOT IN THE AMERICA.

" I STRONGLY BELIEVE THAT DIVORCE SHOULD BE LEGALIZED IN THE PHILIPPINES "

With that, I end my speech.

You might also like