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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 27-34
)
Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 68-73)

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 27-34
)
Chapter 3. Void and Voidable Marriages( ranging from Artcile 35-54)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE(ranging from Article 68-73)

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.

Thank you.

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