Wednesday, July 17, 2019
Divorce Should Be Legalized in the Philippines Essay
I. Introduction join is meant to last ever and vows comm uglinessgle include the phrase, til death do us crack. These argon the words that close to of us believed. Marriage is regarded as a sacred altogetheriance in the midst of a man and a woman, thus, it must(prenominal) be cherished and valued with approve. But what if the love that a couple once shargond unneurotic fades a flair? What if the love hold outs weak and unstable as time passes by? What if everything changes and a person started to go a snappyness full of misery? superstar of their options to solve these problems would be the split. It should be implemented in the Philippines.Present short letter demands it. Reality tells us that in that respect atomic number 18 many failed, un happy matrimonial couples across the nation. Marriage is neer as blissful as people expect. break up is never as devastating as people imagine. break up endues people a blank start to lead better bangs. Living in a wedding where love, respect, friendship, and compatibility are g integrity is a life without hope. Let us think nigh other people allowing due to sorrowfulness brought by their wedding. What is the sense of being binded by a piece of paper when it is in reality ruining your all in all life? Divorce nullifies marriage, therefore, giving couples the freedom to conjoin and to escape from an unhappy family.Divorce should be legalized in the Philippines. II. Back commonwealth of the Paper This look for paper empower Divorce should be legalized in the Philippines aims to convince the readers by presenting different evidences that could change the readers spatial relation regarding the issue. The pieces of evidence that we gathered are from the articles of Evelyn Ursua (positively Filipino) and Anne Umil (Bulatlat) authorise wherefore the Philippines of necessity a decouple integrity? and Divorce apex, providing a fix for women in black marriages, an survival of the fittest from Sen. Pia Cayetanos privilege speech, annual relative statistics on frenzy against women (2004-2011) and a poll root in an online website.The projects of this research study are to befall decouple and its concepts and to better understand the proceedss of dissever when legalized in the Philippines. This paperwork similarly intends to review the issues and airs that are being raise by the Filipinos. Also, this aims to clarify points about the issue. This paper c everywheres the situation of fail and unhappy marriages in the country. Beyond all, this research paper is made to encourage and persuade the Filipinos to give birth the legalization of disunite in the country. A disassociate is a legal accomplish between espouse people to terminate their marriage relationship. It poop be referred to as dissolution of marriage and is basically, the legal action that ends the marriage earlier the death of either spouse.The purpose of a fall apart is to terminat e the parties marriage. Marriage is a legal require or a friendly mating that unites people of the opposite sex who meet to live as a husband and a married woman. It is a binding contract between 2 people who decide to join their lives, income and possessions. Marriage relationship forms a family unit that consists of a father, mother and children. It is also an mental hospital where people ac accreditledge interpersonal relationships, which is usually sexual and intimate. Most people and cultures formalize a marriage union by a union ceremony. Reasons for marriage include emotional, affable, legal, religion and spiritual obligations. An repeal is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. Cases where annulments birth been stick out in the ago based on dodge includes citizenship, sexual relationship, character, honesty, health, financial, and religion III.Body Divorce has become one of the major issues in our society for the past years. The social acceptability of part has varied widely across historical periods, religious faiths, and cultures and non in the Philippines. Other than the Vatican City, Philippines is the only nation that out laws disjoin. The Philippines is cognize for being a strong Christian nation, with over 80% of its population as Roman Catholics. They are the group that is known to be against the divorce issue. check to the article from Positively Filipino Magazine entitle why the Philippines Needs a Divorce honor by Evalyn Ursua, the Catholic church building will be the greatest opponent of the divorce bill.It was once struggle against the bill on moral grounds. But the Catholic Church does non have to worry. The institutions of marriage and the family defy 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. The law should only give people a natural selection, to be exercised concord to their own personal beliefs. We can understandably gossip that our Catholic orientation has been a dominant factor. Divorce is something that we should adopt. Remember that Spain is the root of Christianity yet divorce had been implemented. They are now benefiting from it. A lot of people guardianship that divorce might erode the values and teachings of the Catholic Church. The human faces of Italy and Spain (two Catholic countries which practice divorce) are clear evidences of its invalidity.In accordance with House Bill No. 1799 filed by the Gabriela Womens Party last July 27, 2010, Italy had only 7% while Spain registers 15% of divorce rate. In admittance to that, over 90% of the poll respondents are in favor of divorce. In an official poll that ran from celestial latitude 19 to January 3, 92.44 percent or 40,414 voted Yes to the question, Are you in favor of divorce in th e Philippines? This shows that the public, irrespective of their matrimonial status, is now more open to accept the gap of divorce. Everyone should piddle the right to escape from a severity marriage and be happy again. Falling into ill-use decision actually happens. If we legalize divorce in our country, people with fail marriage will be given a chance and freedom to admit the right one for them so they will non have to suffer from a marriage that is non working anymore.Moreover, theres no effrontery that people who gear up divorced inadequacy to mystify a new spouse. Everyday, there are Filipinos who get married, bear children, separate and get into other relationships, unheeding of what the law says. The lack of a divorce law for Filipinos complicates further the married and family problems of many Filipinos. Our Government has clearly failed to respond to their needs. If the country pauperisms to move frontward, it has to confront the realities of marital and famil y life of Filipinos in the Philippines. Lets give other people a nonher chance to live life with their desired happiness. The divorce law needs to be legalized in the Philippines now. The researchers also put together forward the claim that the process of revocation is allowed in the Philippines merely why non divorce? After all, annulment and divorce are right the same it targets separation. However, repeal only allows a legal separation by a legal settlement. This will not allow any of the parties to remarry. Because of the Family Code, some Filipinos think that we do not need a divorce for it already provides to arrest a marriage through and through annulment.This argument misleads. The damages of annulment is based on stipulate grounds that occurred at the time of the celebration of the marriage, much(prenominal) as lack of parental consent and small consent. The remedy of annulment expires, and the defect whitethorn actually be cured by ratification through free and voluntary cohabitation (Positively Filipino, 2013). When lay people let loose of annulment as a means of terminating a marriage, they actually refer to the remedy under expression 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 internal marital obligations. Under Article 36, a address does not terminate a marriage but only declares it void. One must prove psychological incapacity by presenting evidence on tether 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 shrink or psychologist to testify as an expert picture (Positively Filipino, 2013). Article 36 of the Family Code only nullifies a marriage when one has proved that he or she is psychologically incapacitated (Bulatlat, 2011).Therefore, annulment has no delimit grounds and scathe for terminating a marriage. Here is why the writers assert that divorce should be implemented in the Philippines. In support to this, Senator Pia Cayetano once tell in her privilege speech, Ill tell you why. Ive talked to lawyers, psychologists and psychiatrists and its so traumatic to go through annulment because under our Philippine laws, you have to saddle someone, you have to say youre incapacitated, youre formula that this marriage never existed, which is not true, A divorce law will provide a remedy that Article 36 does not. Divorce does not colligate itself-importance 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 chronic tenable, regardless of the spouses psychological constitution. A divorce law will provide a unequivocal remedy to a marital failure. It will benefit Filipinos wherever they are. Conforming to an article (Bulatlat, 2011), an annulment case take s two years or longer to bewilder at a conclusion.It could reach P250, 000 which includes attorney fees, apostrophize docketing fee and filing fees, etc. In 2010, a little over 7000 couples were granted annulment close of these are well-to-do, because it takes a lot of money to have an annulment (WordPress, 2011). A blogger whose marriage is annulled claims that she disbursed P100, 000 for the judge, solicitor everyday and initial investigator, as well as everybody conglomerate in the case since her annulment case is not moving after one year. After blast out P100, 000, the case was desistd within a month. The total cost of the process was P175, 000 (Bulatlat, 2011). Thus, if the law is passed, divorce will be cheaper than annulment. Given the fact that most of the people in our country are financially challenged to stop unhealthy married life, divorce is the way to get peace out of a ineffectual marriage. Divorce is the answer for both men and women who facial expression u sed, battered or tortured mentally in their marriage. Today, divorce is one way to lessen violence. Annulment is just a legal separation and does not allow women to have a right to be happily remarried. This completely rejects the idea of new life divorce does.The last and final argument that the researchers want to specify is the increasing rate of battered wife in the Philippines. The most common violence against women in the Philippines is the intimate partner violence but married women in the Philippines have no way out. The ridicule can be verbal, physical or psychological. harmonise to the Annual Comparative Statistics on Violence against Women (2004 2011), wife battery ranked highest at 49% of all forms of violence and abuse against women. This is one of the reasons why divorce should be legalized in the Philippines. Women, nowadays, lack confidence because they know that there are no laws to support them. Couples persevere living together due to the lack of a law that w ould allow them to legally and properly part ways, and seek the peace and happiness that they couldnt find in their present partner.It would be best for a couple to part ways rather than to live together under one roof and sin through their violence that will affect and outrage the innocent children. In millions of households, both men and women who are trapped in marital commitment invariably quarrel, often in front of their helpless children who invoke up in a confused and ferocious environment. Often, men turn to other women and bear whoreson children, and then aban take in their legal wives and children because of laxity of laws that should have held them accountable. As stated in an article entitled Philippines needs divorce law. by Val G. Abelgas, It is not a coincidence that those pushing for the divorce bill in Congress are women. It is also not a coincidence that all over the world, a large-minded percentage of those filing for divorce are women. It is not difficult t o understand that in most failed marriages, it is the women who suffer more victims of domestic abuse and violence, and neglected or abandoned by philandering or alcoholic husbands. many another(prenominal) of these women suffer in silence in the Philippines. And yet, they are confined to their hopeless situation because of the lack of a divorce law. It is obvious that most of people who are in favor in legalization of divorce in Philippines are women. We cannot pass over the fact that they are the usual victims of abusive marriages. Divorce might be the solution to these problems. It could provide protection to the battered women and their children. It could accomplish a wife from being beaten workaday by a drunken husband. Divorce wouldnt necessarily destroy the al-Qaeda of the family. It gives hope to the couples to remodel their lives and have a normal relationship. Its a reality that many are suffering from abusive marriages. Why let someone be stuck in a marriage where l ove and respect dont exist anymore? Why deny them the chance to regain their liberty and happiness? non legalizing divorce is a total injustice to these people. IV. prognosticate ArgumentThe opponents, particularly the Catholic Church, claim that What divinity fudge has put together, let no man put asunder or Marriage is sacred, what was bound by God cant be change state by man. They believe that God did not make man and woman to be join and then separated if they got into some problems. For this reason, Catholic Church argues that divorce is contrary to the law of God, Divorce breaks the contract to which the spouses freely consented to live with each other manger death. Therefore, people who opposed the divorce bill think it was only men who want it, not God. Furthermore, moralists feel that the divorce bill will just result to the breakdown of families. They concede that strong family bottom is the backbone of a stable society.Divorce terrorens this foundation that can le ad to the erosion of the society. It weakens the bond between the couple that tends to lessen the chance of facing the hardships and difficulties of a married couple. This instability of the families may yieldto the rearrangements and readjustments of the familial relationships that may bring psychological problems to the children. Children will become unadapted and potentially harmful or destructive adults. Hence, they articulate that divorce will make the value and institution of marriage meaningless. Moreover, critics said that divorce is unconstitutional. They contended that it is stated in the 1987 Philippine Constitution that Marriage is an intact social institution, is the foundation of the family and shall be protected by the deposit. Divorce will be a threat against the family which the constitution pledged to protect as an inviolable institution. Therefore, to be able to allow divorce, the constitution would need to be amended first. V. ConclusionWe, the researchers, t herefore conclude that divorce should be legalized in the Philippines because couples should have the option to choose for remedies that will help them in obtaining their self actualization. The remedy is divorce. They should have the right to escape from marriages that they entered before and let them live a new and happy life. Given the aforementioned evidences, the researchers strongly claim that legalizing divorce would be a big help for Filipinos. The lawmakers should range the divorce bill because the existing laws are not enough to address their needs.What we need is a divorce law that defines clearly and unequivocally the grounds and terms for terminating a marriage. Life is too short to be married to someone you dont want to be married to. Divorce is a choice and we all should have the freedom to make choices. change the divorce process and let the couples continue on with their lives in to find the partner they will be happy with to live their lives. Furthermore, in case s where a union is more harmful than beneficial, a divorce can be a benevolent and less unwholesome way of severing ties with your partner. When the marriage is no longer viable, divorce should be an option. .ReferencesAbelgas, V.G. (2012, May 29). Philippines needs divorce law. Global Balita. Retrieved from http//globalbalita.com/2012/05/29/philippines-needs-divorce-law/ Umil, A.M.D.(2011, June 14). Divorce bill, providing a remedy for women in abusive marriages. Retrieved from http//bulatlat.com/main/2011/06/14/divorce-bill-providing-a-remedy-for-women-in-abusive-marriages/ Ursua, E.G. (2013, February 1). Why the Philippines needs a divorce law? Positively Filipino Magazine. Retrieved from http//positivelyfilipino.com/magazine/ 2013/2/why-the-philippines-needs-a-divorce-law Statistics on violence against Filipino women. Philippine Commission on Women. (2012, October 2). Retrieved from http//pcw.gov.ph/statistics/201210/statistics-violence-against-filipino-women everywhere 90% of poll respondents favor divorce in PH. Inquirer News. (2013, January 3). Retrieved from http//newsinfo.inquirer.net/334579/over-90-of-poll-respondents-favor-divorce-in-ph
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