Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, seeking for the legalization of divorce. This Congress (14th Congress), Gabriela again filed a bill to introduce divorce in the Philippines. Here’s the explanatory note of House Bill 3461, filed by GABRIELA Women’s Party Representatives Liza Largoza-Maza and Luzviminda Ilagan. Let’s open this topic for discussion by everyone. Let’s avoid name-calling and focus on the merits. If you support or oppose the bill, then perhaps you could talk to your respective representatives in the House.
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Underpinning this proposal is a commitment to the policy of the State to protect and strengthen marriage and the family as basic social institutions, to value the dignity of every human person, to guarantee full respect for human rights, and to ensure the fundamental equality before the law of women and men. The provisions of this bill are consistent with and in pursuit of those State policies.
In Filipino culture, marriage is regarded as a sacred union and the family founded on marriage is considered as a fount of love, protection and care. Philippine society generally frowns upon and discourages marital break-ups and so provides cultural and legal safeguards to preserve marital relations. Cultural prescriptions and religious norms keep many couples together despite the breakdown of the marriage. But the cultural prescriptions for women and men differ. Women are traditionally regarded as primarily responsible for making the marriage work and are expected to sacrifice everything to preserve the marriage and the solidarity of the family. While absolute fidelity is demanded of wives, men are granted sexual license to have affairs outside marriage. Yet when the marriage fails, the woman is blamed for its failure.
Reality tells us that there are many failed, unhappy marriages across all Filipino classes. Many couples especially from the marginalized sectors, who have no access to the courts, simply end up separating without the benefit of legal processes. The sheer number of petitions that have been filed since 1988 for the declaration of the nullity of the marriage under Article 36 of the Family Code (commonly known as “annulment”) shows that there are just too many couples who are desperate to get out of failed marriages.
Even when couples start out well in their marriage, political, economic and social realities take their toll on their relationship. Some are not prepared to handle the intricacies of married life. For a large number of women, the inequalities and violence in marriage negate its ideals as the embodiment of love, care and safety and erode the bases upon which a marriage is founded. The marital relations facilitate the commission of violence and perpetuate their oppression. Official figures support this. The 2003 report of the Philippine National Police shows that wife battering accounted for 53.6 percent of the total 8,011 cases of violence against women. About three of ten perpetrators were husbands of the victims. Husbands accounted for 28 per cent of the violence against women crimes. The Department of Social Welfare and Development reported that in 2003, of the 15,314 women in especially difficult circumstances that the agency serviced, 25.1 per cent or 5,353 were cases of physical abuse, maltreatment and battering.
Given these realities, couples must have the option to avail of remedies that will pave the way for the attainment of their full development and self-fulfillment and the protection of their human rights. Existing laws are not enough to address this need. To quote the Women’s Legal Bureau, Inc., a legal resource NGO for women:
“The present laws relating to separation of couples and termination of marriage are inadequate to respond to the myriad causes of failed marriages. Particularly, the remedies of declaration of nullity and annulment do not cover the problems that occur during the existence of marriage. Legal separation, on the other hand, while covering problems during marriage, does not put an end to marriage.”
“Though both divorce and a declaration of nullity of a marriage allow the spouses to remarry, the two remedies differ in concept and basis. A declaration of nullity presupposes that the marriage is void from the beginning and the court declares its non-existence… Beyond [the] grounds specified [in the law], declaration of nullity is not possible. ”
“In annulment, the marriage of the parties is declared defective from the beginning, albeit it is considered valid until annulled. The defect can be used to nullify the marriage within a specified period but the same may be ignored and the marriage becomes perfectly valid after the lapse of that period, or the defect may be cured through some act. The defect relates to the time of the celebration of the marriage and has nothing to do with circumstances occurring after the marriage is celebrated. In annulment, the marriage is legally cancelled, and the man and woman are restored to their single status. ”
“Since August 3, 1988, couples have been given a way out of failed marriages through Article 36 of the Family Code…The remedy provided under Article 36 is declaration of nullity of the marriage. The article voids a marriage where one party is “psychologically incapacitated” to comply with the essential ofmarital obligations. Consistent with the concept of void marriages (where the remedy is declaration of nullity), the law requires that the incapacity must have existed at the time of the celebration of the marriage In practice, Article 36 has become a form of divorce, as valid marriages are declared void every day in the guise of “psychological incapacity.” The innumerable Article 36 cases brought to trial courts is an indication of the elasticity of Article 36 to accommodate the needs of many couples desiring to terminate their marriages. It is proof that divorce is needed in the Philippines. Article 36 provides a remedy only for spouses who can prove “psychological incapacity”. The concept certainly cannot accommodate all cases where divorce would have necessary. What we need is a divorce law that defines clearly and unequivocally the grounds and terms for terminating a marriage. That law will put an end to the creative efforts played daily in courtrooms across the country to accommodate a wide range of cases in order to prove “psychological incapacity.” (Women’s Legal Bureau, Inc., The Relevance of Divorce in the Philippines, 1998)
Thus, this bill seeks to introduce divorce as another option for couples in failed and irreparable marriages.
This bill was crafted in consultation with women lawyers and inspired by the studies and inputs of various women’s groups and the experiences of spouses gathered by GABRIELA from its various chapters nationwide.
The bill seeks to introduce divorce in Philippine law with a strong sense of confidence that it will be used responsibly by Filipino couples. This confidence stems from the experiences of Filipino families that show that separation is usually the last resort of many Filipino couples whose marriage has failed. Cases of battered women also support this. Battered women invariably seek separation only after many years of trying to make the marriage work; separation only becomes imperative for them when they realize that it is necessary for their and their children’s survival. Divorce could actually provide protection to battered women and their children from further violence and abuse. With the predominance of the Catholic faith in the Philippines, the fear that divorce will erode personal values on marriage appears unfounded. The experience of Italy, where the Vatican is located, and Spain, two predominantly Catholic countries which practice divorce, supports this. Those countries have a low rate of divorce. Italy registers a 7% rate while Spain registers 15%. The figures reflect the strong influence of religious beliefs and culture on individuals in deciding to terminate marital relations.
Historically, divorce had been part of our legal system. In the beginning of the 16th century, before the Spanish colonial rule, absolute divorce was widely practiced among ancestral tribes such as the Tagbanwas of Palawan, the Gadangs of Nueva Viscaya, the Sagadans and Igorots of the Cordilleras, and the Monobos, Bila-ans and Moslems of the Visayas and Mindanao islands. Divorce was also available during the American period, starting from 1917 (under Act No. 2710 enacted by the Philippine Legislature), and during the Japanese occupation (under Executive Order No. 141) and after, until 1950. It was only on August 30, 1950, when the New Civil Code took effect, that divorce was disallowed under Philippine law. Only legal separation was available. The same rule was adopted by the Family Code of 1988, which replaced the provisions of the New Civil Code on marriage and the family, although the Family Code introduced the concept of “psychological incapacity” as a basis for declaring the marriage void.
In recognition of the history of divorce in the Philippines, the framers of the 1987 Philippine Constitution left the wisdom of legalizing divorce to the Congress. Thus, the 1987 Constitution does not prohibit the legalization of divorce.
This bill is respectful of and sensitive to differing religious beliefs in the Philippines. It recognizes that the plurality of religious beliefs and cultural sensibilities in the Philippines demand that different remedies for failed marriages should be made available. For this reason, the bill retains the existing remedies of legal separation, declaration of nullity of the marriage and annulment and only adds divorce as one more remedy. Couples may choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs and emotional state. While divorce under this proposed measure severs the bonds of marriage, divorce as a remedy need not be for the purpose of re-marriage; it may be resorted to by individuals to achieve peace of mind and facilitate their pursuit of full human development. This bill also seeks to make Philippine law consistent in the way it treats religious beliefs with respect to termination of marriage. Philippine law through the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083 [1977]) allows divorce among Filipino Muslims, in deference to the Islamic faith which recognizes divorce. Non-Muslim Filipinos should have the same option under Philippine law, in accordance with their religious beliefs.
The bill proposes five grounds for divorce. All the five grounds are premised on the irreparable breakdown of the marriage and the total non-performance of marital obligations. Thus, the bill provides that a petition for divorce may be filed when the petitioner has been separated de facto (in fact) from his or her spouse for at least five years at the time of the filing of the petition and reconciliation is highly improbable, or when the petitioner has been legally separated from his or her spouse for at least two years at the time of the filing of the petition and reconciliation is highly improbable.
Not all circumstances and situations that cause the total breakdown of a marriage could be defined in this proposed measure. Thus, the bill also provides that divorce may be granted when the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage. Spouses living in a state of irreparable marital conflict or discord should be given the opportunity to present their marital contrarieties in court and have those differences adjudged as constituting a substantial ground to put an end to the marriage.
Another ground for divorce included in the bill is when one or both spouses are psychologically incapacitated to comply with the essential marital obligations. This provision will consequently repeal Article 36 of the Family Code. The bill seeks to include “psychological incapacity” in the grounds for divorce in the belief that the concept is consistent with the termination of marital ties rather than with a void marriage.
The bill seeks to eliminate “condonation of the act” and “consent to the act” as grounds for denying a petition for legal separation and, by extension, a petition for divorce. Many spouses especially women ignore the offense because of the social and economic conditions they are in. Many women in the marginalized sectors tend to condone the offense because they are economically dependent on their spouses or because of the stigma attached to failed marriages. Some women who are perceived to be condoning the acts of their husbands actually suffer from the cycle of spousal abuse such that they have become so disempowered to address their situation.
Under this proposed measure, a decree of divorce dissolves the absolute community or conjugal partnership of gains. The assets shall be equally divided between the spouses. However, this bill also proposes that in addition to his or her equal share in the assets, the spouse who is not gainfully employed shall be entitled to support until he or she finds adequate employment but the right shall only be effective for not more than one year. This provision is meant to address the economic deprivation or poverty that many women experience as a result of a marital break-up.
The bill also proposes that the custody of any minor child shall be decided by the court in accordance with the best interests of the child and their support provided in accordance with the Family Court provisions on support. Actual, moral and exemplary damages shall be awarded to the aggrieved spouse when proper in accordance with the provisions of the Civil Code on damages. The proposed measure also provides that parties shall be disqualified from inheriting from each other by intestate succession. Moreover, provisions in favor of one spouse made in the will of the other spouse shall be revoked by operation of law.
The Philippines and Malta are the only two remaining countries in the world without a divorce law. This bill is being introduced based on indications that Philippine society is ready for the legalization of divorce.
The sanctity of marriage is not based on the number of marriages existing but on the quality of marital relationships. When a marriage is no longer viable, divorce should be an option.
Thus, the approval of this bill is urgently requested.
A formal hi to all the readers of this forum. I chanced upon this blog and the bill interested me. I do not belong to the Philippines, but still would like to post a comment on the proposed bill.
I do not favor divorce as a person, as it breaks the foundation of families. Going through various religions, it is seen that divorce is a taboo,be it Jewish,Christianity,Islam or other religions and beliefs. I do not want to base my comments on religious views as it makes things more complex.
Let us for example take a couple who married out of love under the oath, in front of adequate witnesses. After years of married life if the love dies out and steps to revive the love and understanding fails, does the society still want the couple to be together causing growing discomfort and agony between the couple? I have met many Filipinos in life and see that they stay away from marriage and still have kids just because they do not want the hassles of divorce, is the society not taking into that account? I might be wrong in my judgment or rational thinking, but the governments of Philippines should pass the law of Divorce. There are again incidents where the spouse of a lady is working abroad and staying with other woman, but then still knowing the infidelity the woman can`t get a divorce. There has to be a system that looks into human nature and life pattern scientifically and not base judgments on the mere thinking of a group of people. People do suffer due to the absence of laws. If the society thinks that passing of divorce bill would make the whole of Philippines get divorced than there must be a problem in the prevailing institution of marriage existent in the society.
People should be given a chance, or relationships would be taken for granted, and it would be women who would suffer more. If we think of a woman as my wife I would try to impose no divorce rule on her, as I would like to have my seal on her fate, But were it be my sister who was married to a man and she cant bear the behavior of her husband and no love exists, then I will press that divorce should exist. Unless the males who form a majority of the population and form a substantial say in government policies press forward thinking the womenfolk as their sisters, then divorce bill is impossible and it would be so if only they are afraid of their own relationship at stake. It is one`s deeds and understanding to keep a marriage flowing with peace and should not be for grant. Relations will improve with passing of such laws, as it empowers a women equally to file for divorce. Today is not a closed world but an open world where thoughts are rational, and every religion is also accepted due to their goodness…
It is just a thought from my end, saying them I do not want to criticize any prevailing laws of the Republic of Philippines but ask readers to comment on what they feel, as in their life time they must have come across hundreds of couples who lives with agony and dies with agony cause the society did not give them a chance with a second chance.
According to Prof. Balane in his Civil Law Review class, when the Family Code Commission set about creating the Family Code, they went around the country to ask people if they were in favor of restoring divorce. They figured that women who were stuck in poor marriages and/or with unfaithful husbands would strongly support such a proposition.
To their surprise, the biggest opposition to the proposal came from Catholic women’s groups, who allegedly felt that the divorce restriction was the only weapon they had against their husbands’ mistresses. If there was no divorce in the country, they reasoned, then their husbands should (1) think twice before they did something they would regret; and (2) always come home to them in the end. The mistress to them was some passing fancy and deserved no attention nor respect.
I guess my point is this: if the most ardent supporters of the divorce proposal are concerned women’s groups, other women’s groups are ready to stand in their way. Not to be sexist, but it is sad that the largest obstacle to women’s progress, as usual, is other women-folk. Go figure.
Greetings everyone, I can get legally divorced in a simple way within months.
Issue: How can I obtain legal divorce, as a Filipino, here in the Philippines with its present laws?
1. I can change my Christian religion to any religion at anytime because No less than Section 5 of the Bill of Rights of the 1987 Constitution declares, thus:
“Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”
2. Since our marriage goes wrong, I can settle with my spouse on the prospect of divorce, its arrangements on our common properties together with custody our child or children.
3. For purposes of divorce, We or I, will convert my religion to Islam so that I can avail divorce as provided under Presidential Decree 1083, which only applies to all Muslim-Filipinos.
4. Under PD 1083, we have 7 grounds for divorce to choose from depending on the situation.
5. After converting, We will Petition for Divorce in a Sharia’h Court pursuant to our settlement or arrangement on our children and properties.
6. Then it is done, WE ARE DIVORCED and we will then convert again to Christian for the purpose of marrying again.
our muslim brothers and foreigners have more rights than the christian citizens of this country. there’s a divorce law in the muslim world and divorced foreigners are legally recognized. this makes the rest of the citizens of the republic of the philippines a bunch second class citizens of their very own country. this is really very distressing. why in the world there’s not a single lawyer who will petition the supreme court on the inequality of the situation? why can our muslim brothers have a divorce law and the rest have none? does this mean that the rest of the citizens of this country are all dumb? this is the only country on this planet who gives more better treatment to foreigners than its own citizens. recognizing their divorce while the rest of the citizens have to go through hell just to get an annulment. no wonder this country is going nowhere.
Hi I have a question regarding my status. I applied abroad as single mother and never used my husband name but my mothers name and my kids follow what Im using right now? Do I still need to file divorce and is my status now is it separated? common law partner or never married? And my boyfriend wants to marry me in canada. I need your reply as soon as possible thank you.
I hope divorce bill in the Philippines will be approved soon. By stating this, doesn’t mean that I don’t acknowledge the sanctity of marriage, I personally do. But to keep marriage sacred, both husband and wife must be responsible enough in their commitment and treat it with utmost respect. Once unfaithfulness and all other unwanted nightmares in a relationship creep in, can it still be regarded as sacred? We were given just one life to live. No one would want to waste it by living miserably by enduring the beatings, nagging, emotional and psychological pains. After all, when a couple entered in a marriage with genuine love and it’s God’s Will, there will be no room for separation even beyond grave.
what is the practicability of divorce? do you think it is a wise decicion?
I mean, decision…I badly needed your opinion guys, this is for my project..thanks in advance!
Good Day!
A referendum would be an ‘end all, be all’ on this subject.
The reasons why this law needs to be passed presented here are:
1. promiscuity of MEN
2. inequality of the law because of religion
3. abusive nature of the husband
4. absentee spouse
5. mental capacity to keep a marriage
and believe or not..
6. cause we’re 1 of only 2 countries who doesn’t have one!
the list could go on..
Though some of the above reasons are undeniable and would merit the passing of this law, I would like to bring to attention that we have existing laws which could address several specific concerns such as promiscuity and abuse. These laws can be amended if some groups feel they are insufficient. I feel the problem points to our country’s incapacity to enforce our laws (especially to the more privileged). What good will it do us if we pass another law which would be bent sideways, thrown up and down by our ‘creative’ countrymen? If we continue to present to the masses actors, men in uniform, wealthy individuals, mayors, governors and even a president who are above these laws; why should the masses be made to abide to these laws?
Hi
I’m an Australian citizen and will be granted my certificate of divorce in April 2011. My Philippina Fiancee and I would like to get married in May 2011 in the Philippines and I would like to know what the Philippine laws are with regard to these questions:
1. Being her first marriage and my second, given I’m also a Catholic, will we be able to get married in a church? My Fiancee has made some inquiries and was told that I would need to get a decree of NULLITY, which effectively means my previous marriage did not exist or never happened….
2. Can I be granted a long stay in the Philippines without having to apply for the 59 day extended visa?
Thanks. J
i hope this bill will be approved soon,GABRIELA please please do your best to pass this bill in the Congress, most women in the Philippines will be happy once divorced is legalized here. I hope that CBCP will not interfere on this again, take note there are only two countries without divorce (Phils and Malta), no wonder why where not progressive as the other ASian Countries
i hope that DIVORCE in the philippines will push through…hope the GABRIELA will fight this bill …
i’m against it. Marriage is the symbol of having a good family. i understand the feelings of those marriage fails but getting a divorce is not a solution. You separate and have annulment if you really cannot save your marriage. What do you need to get a divorce? How about those marriage that still can save but they already decide to get a divorce? this is selfish. Foundation of the family is what makes us a good Filipino then thats it? because of this bill, u want to erase that and be like the other countries? Divorce is an act of adultery.
i’m against it. Marriage is the symbol of having a good family. i understand the feelings of those marriage fails but getting a divorce is not a solution. You separate and have annulment if you really cannot save your marriage. Why do you need to get a divorce? How about those marriage that still can save but they already decide to get a divorce? this is selfish. Foundation of the family is what makes us a good Filipino then thats it? because of this bill, u want to erase that and be like the other countries? bear with this: Divorce is an act of adultery.
para sakin, hinde sana mapasa ung divorce, sinisira nito ang natural law, pilipino tayo diba? Kristiyano tayo. Bakit kinakalimutan na ang pagiging Kristiyano? Dahil moderno na lahat? FREEDOM BA? ganun ba? Eh hinde dapat ganun. dapat sa kasal pa lang, dapat sincero ka sa mga “I DO” mo. lahat na mention na ng pari eh, tulad ng “Till death do us apart” , “In health and in pain”. ETC.. epekto na yan ng ating pagka balewala sa diyos. ung pagkalimot natin sa kanya dahil natapakan na tayo ng human law., kung anu nalang i implement ng mga tao. tulad EQUALITY. hinde solusyon yan. a life of a christian is a life of sacrifice dba? baket hindeng makaya mag sacrifice para magka intindihan? mamahalin kapag ikaw ay sinasakit/ minamaltrato. lalambot dn yan eh. pag mamahal yung kulang at saka c Lord?, ang nangyayari ngaun ay parang aftershock yan ng pagkabalewala natin. kaya nga nag kakaguluhan eh. Tayo may kagagawan nito. Hinde divorce ang solusyon, ang DIYOS ang solution natin
I want divorce to be legalized in the Philippines, but yes I do acknowledge the sanctity of the marriage but we have only one life in this world and are you going to waste it living with your spouse in one house that has no harmony, understanding nor love? If either spouse is unfaithful to you, are you hero enough to accept her/him for that? Yah I know that when your marriage will go in a problematic situation of course you both are going to do all the means to try and fix it but what are you going to do if all the ways and means fails and your marriage will be in trouble, are you going to bear and stay with that situation? As for me, as a child that came from a broken family, it is better to be came from a broken family than to live in a broken one. It is more difficult and traumatic for the children to see their parents arguing, fighting and even hitting each other, so, for the child’s sake, please, get divorce and be free.
i hope this divores bill well be approved soon.guys plz do suport this divores bill,para sa mga kababaehan na kagaya ko its helps alot kung maipatupad ito at alam nating lahat na maraming mga babae ang may problema about s pakikipag hiwalay ng legal sa kanilang mga asaw.sana pahaagahan nio ang bawat babae na humihingi ng pkikipag divores sa kanilanh mga asawa.plz plz suport this divores bill thank you.!
I am AGAINST DIVORCE because i believe in the sanctity of marriage… why get married in the first place then got divorce… that’s y we have counseling before marriage so that we will be enlightened if to continue or not to be bind in front of GOD… if your marriage is unsuccessful why just APPLY FOR ANNULMENT… pls let us not adopt the trend of LIBERATED COUNTRY coz as you can see their lives are ” lahi”…
We have been living here in US for more than 4 years now, my daughters are ages 10 & 13 yrs. old. Every school year I would asked them, Ilan sa mga parents ng classmates nyo ang divorce na? Normal answer I usually got from them were…marami po daddy. Minsan sabi nga nila ay more than half against the total number of students/class.
General view pa lang po yan…as an aded info…sabi ng mga anak ko marami sa parents ng mga classmates nila…it’s either the father has gone through more than 2 divorces or vice versa. In short, a father who has 3 divorces before meaning 3 ex-wives is living with a wife who has 2 ex-husbands. Are you getting this picture?
Dadagdagan ko pa po…what if yung both partners ay may tig-1 o 2 anak on their previous marriages!! Are you still with me? Maliwanag pa ba o magulo na sa inyo??? Now…we should go on the most important part…the children, which actually are the real victims. Sabi po ng mga anak ko, sabi daw ng mga classmates nila…mostly they don’t want the situation they have right now and how they wish it shouldn’t have been like that.
I have a question to those Divorce Bill advocates…Kung kayo po yung mga bata..gugustuhin nyo kaya yung sitwasyong ganoon kung saan …2,3,4,5 o 6 ang half bother o half sister nyo..not to mention the different father or mother you have to live with each time your parents had gone to another divorce?
By instinct, humans tend to look or would want to experience a better life…not necessary a financial freedom but simply means a life with less problems, without stress. And if your married life is in turmoil, instead of solving the problem wholeheartedly…pero kung may DIVORCE na…it’s a good scapegoat!!! Some of you might say…mababaw na argumento ito! But we should remember that MARRIAGE is always a work in progress, we have to make it work…oras-oras, araw-araw kasi individually we grow as a person emotionally, intellectually and spritually as we live our daily lives. It usually takes a lifetime to accomplish this. Anyway, staying married and be successful with it is altogether another issue to tackle.
The principal role of society is to protect the family which is it’s basic unit. Sometimes, we have to protect it against itself. AT yan ang ibinibigay na proteksyon ng KASAL sa atin bilang mga tao na may mga responsibilidad sa ating lipunan, at di ito parang kulungan gaya ng tingin ng iba. Di ka basta-basta pwedeng lumabas dyan, kailangang ayusin mo ang gusot hangga’t maaari. But we should remember, our laws and the church would still allow us to get out of our wedlock only if…our very own life was being threatened. Sa kahulihan, ninanais pa rin ng ating mga Batas at Simbahan na manatili tayo sa kasagraduhan ng KASAL. And if we don’t recognized our laws and the role of the Church in our families, we should remember that we all fall under the Universal Law or GOD’s Laws. Kung ayaw nating kilalanin ang mga Batas at ang ating Simbahan, dapat nating kilalanin ang kapangyarihan ng Maykapal sa ating lahat bilang kanyang mga nilalang.
Sa ating paningin o maaari sa paningin ng karamihan…kagyat at madaliang solusyon ang DIVORCE sa ating lahat pero sa kalaunan ay alam naman natin ang masamang epekto nito sa atin. Madali lang malaman ito…tanungin mo lang ang mga bata na siyang magiging BIKTIMA mo kung isusulong mo ang batas na ito. Mga bata na…sa pagdating lang ng ilang panahon ay magiging MAGULANG ding katulad mo. At sa iyong paningin, di kaya gawin nya rin iyon sa kanyang magiging mga anak gaya ng GUSTO MONG GAWIN NGAYON SA KANYA!!!!
BERNARD M. MAGSAKAY of La Plata, Maryland
it doesnt really mean na kapag nakipag divorce ka, ur against God or against the law ka. Yes, God wants that marriage should last for a lifetime. But for some inevitable cases, it doesnt really happen. Pano nalang ung mga taong biktima ng pagkakataon? biktima ng abuso or panloloko? surely, even the God almighty would understand the real thing about those situations.God doesnt really honor divorce. pero who has the evidence na God statd a thought that says na dapat kahit magkasakitan, magkaabusuhan, magkapatayan eh mag sama pa rin kayo because that’s marriage. may ganun ba? Marriage is all about LOVE, SACRIFICE, and RESPECT. hindi pwdng sacrifice lang. hindi pwdng respect lang. and u dont consider na love mo ang tao kung walang respect hindi ba? Marriage is a tough decision to make. but tao lang tayo diba, kahit sa puntong ito nagkakamali tayo. and isn’t God ever forgiving? its definitely true that marriage is sacred. super true. but what’s sacred sa relasyon na nag aaway, naglolokohan o kaya nagkakasakitan?yes u promised na magsasama kayo habang buhay, ngunit hindi bat pinangako nyo rin magmamahalan kayo habang buhay? hindi pwede na isa lang sa kanila ang totoo. wud u even accept that kung ikaw ang nasa ganyang sitwasyon? divorce doesn’t really break marriages. it addresses ALREADY BROKEN marriages, hnd ba? and divorce here in the philippines is being proposed na may tmang process na pagdadaanan.. it doesnt mean na kapag nag decide ka ngaun eh bukas makukuha mona ung gusto mo.
ang twist kasi dito ikinokompara niyo ung divorce sa ibang bansa at ung divorce dito sa Pinas. magkaibang issue po yun. madali ung divorce sa ibang bansa dahil “sariling kagustuhan” system ung umiiral don. eh ung dto po sa pinas, may 5 grounds na kino consider for divorce. hindi u instantly na divorced kau. focus lang tayo sa divorce system in the philippines. may sariling system naman tayo, hindi tayo coppycat. just to make ur mind clear lang guys. i think kasi karamihan sa mga NO to divorce eh dahil sa kumukuha sila ng conclusion based sa mga resulta ng divorce ng bansa kaya nagiging complicated lang ang isyu!
even if u asked attorneys who are dealing with cases for separation, karamihan po ng bata eh masaya pa na nagkahiwalay ang mga magulang dahil ligtas na sila sa abuso. eh ung kasi namang mini-mean nyo na naapektuhan na ang bata sa divorce eh yung mga hiwalayang SINASADYA. gaya nalang ng kung anong nangyayari sa ibang bansa. to repeat it again, may grounds for divorce ang philippines on its proposal. why not read about it? then saka niyo ilagay yung sarili nyo sa sitwasyon bilang anak, bilang asaawa o bilang magulang.
“The sheer number of petitions that have been filed since 1988 for the declaration of the nullity of the marriage under Article 36 of the Family Code (commonly known as “annulment”) shows that there are just too many couples who are desperate to get out of failed marriages.”
-i believe that annulment is different from declaration of nullity.
I was taught by our professor in law school that ANNULMENT is for VOIDABLE MARRIAGES (valid marriages which have defects) whereas the DECLARATION OF NULLITY is for VOID MARRIAGES (invalid marriages)
I am definitely againts it.
Why do we need divorce when there is annulment and legal separation if the only excuse to legalize it is to escape from an unredeemable situation? I’m not saying that annulment and legal separation is better but my point is, why is there a need of making another law of abolishing the legality of a marriage when there is already an existing law that can do that? And besides, using divorce to solve the problem of unhappy marriage is evading the real issue of why there is fighting, of why a situation like that arises. It is like resolving the pain of a wound in the foot by breaking the arm so as not to feel the pain from the foot because the pain is greater in the arm.
Professional studies both here and abroad show that street children, juvenile delinquent prisoners, prostitutes, criminals and the likes are most often than not a product of broken families. Therefore, it is only a figment of imagination that children were being spared from the destructive effect of broken homes by divorcing.
Legalizing divorce will encourage and or provide excuse for others to change partners from one to another as if they are only changing their clothes and allowing them to abuse the sanctity of marriage and surely, broken homes will abound all the more. Legalizing it will not make it moral either so it will be insanity if we consider it moral because everybody is doing it.
Lastly, legalizing divorce will only breed selfishness and self-indulgence. Why is that? Just listen on the reasons of the people pushing this bill, don’t I have the right to seek a first, second or third happiness? It is always I, I think that’s one of the unspoken reasons why the Church is against beside divorce will diminish the true spirit of marriage which is giving and taking in the name of love and which in the first place the reason why they entered into the union of marriage.
The people who are pushing this bill always says that the divorce bill here in the Philippines is different from the divorce bill in other countries. My question is, tell me a bill that was put into law that Filipinos didn’t abuse? what gals me is that they did it within the law so they didn’t break it somewhat. I believe that after ten years of legalizing divorce, the true meaning of Filipino style will manifest its ugly head.
im against divorce bill.
simple lang mga tol, kung hindi ka siguradong magpakasal, huwag kang sasabak. problema kasi sa marami panay puso lang ang sukatan, baka pwedeng gamitin ang utak? try mo. . .
ang pagpapakasal, hindi gaya ng mainit na kanin, na kapag napaso ka ay iluluwa mo na. aba mga pinoy, manindigan ka naman sa desisyon mo.
oo ngat may limang proseso/grounds bago ma-aaprove ang divorce, pero teh, sa bawat gusto mong asawa na nais mong palitan, aba, talagang gagawa ako ng paraan para masunod lang ang 5 grounds para maaprubahan ko ang divorce bill.
1 pa, may iba pa tayong mga batas na nagsusulong ng proteksyon ng mga kababaihan. ang dapat siguro, gisingin ang diwa ng tapang ng mga babae gayundin ang diwa ng kanilang mga utak, ng nalalaman nila ang dapat nilang sa mga asawa nilang umaabuso sa kanila.
hindi ba’t masakit din yun sa pride ng babae? ikaw na nga ang inabuso, kaw na ang nagfile ng divorce, at right after ng divorce, aba, si kuya, mas may advantage pa para magbuhay binata. as though, para mo na rin siyang binigyan ng insentive sa kanyang pang-aabuso sa’yo. thanks nga naman sa divorce bill, o db?
o sige, iba daw ang konteksto ng divorce bill dito sa pilipinas, e teka, san ba nanggaling ang konseptong yan. bakit teh, anong assurance mo na hindi sa ganong tahak ng daan tayo tutungo gaya ng landas ng mga supah liberated countries?…isipin mo nga.
oh, heto pa para sa mga may nais ng divorce bill, kung gusto niyo, irevise niyo na rin ang mga vows/promises sa kasal. nang sa ganon ay hindi naman nakakahiya sa yo na nangako ka pa sa harapan ng Diyos para lang masabi na may naganap na kasalan.
hindi ka nga nahihiya na makipaghiwalay ka, pero, hindi ka rin nahiya na may pinangako ka pa sa Diyos na tinuturing mo. ano nga ba kaya ang mas nakakahiya, ano?
galing talaga ano, grabe..ang dami-daming dapat na isatupad na mga lumang batas na mukha namang mas karapat-dapat na ipatupad, bakit kaya hindi mas pinagtutuunan ng pansin———siguro, magandang ihain na lang to uli, kapag naman may say na ang gobyerno na marami na silang batas na mas makabuluhan ang naisabatas at naisagawa.
dagdag na lang ng dagdag na mga bills, samantalang marami pang mas nauna nang mga batas ang naisabatas na, pero pagdating sa implementasyon? BULOK. utang na loob, wag nio ng dagdagan.
BAKIT BA TAYO TAKOT SA BATAS?
DI PA BA NATIN MAISIP NA PROTECTION ITO PARA SA LAHAT?
SANCTITY OF MARRIAGE DI NAMAN NATIN KAILNGAN NA BALIWALAIN YAN PERO PAANO YONG NAG DUURUSA DAHIL FAILURE AND MARRAIGE LIFE NILA?
WE NEED A LAW FOR EVERYONE ND ONLY THE LAW THAT ONLY RICH CAN AVAIL.
SA ANNULMENT MALAKI ANG GAGASTOSIN KAYA YONGMAY KAYA LANG HALOS ANG NAKAKA AVAIL NITO.
BAKIT BA MADAMOT ANG HUSTISYA PARA SA LAHAT!?!
SABI NILA JUSTICE WILL PREVAIL! SAAN?
IF WE HAVE DIVORSE IT’S A PROTECTION FOR ALL THE PILIPINOS…
WE NEED A LAW NA KAYANG ABUTIN NG KAHIT SINO MAHIRAP OR MAYAMAN.
ITO NA ANG PANAHON NG PAGBABAGO.
SUPPORTAHAN NATIN ANG DIVORSE TO SEE THAT WE ARE (PILIPINOS) ARE MATURED ENOUGH.
WE HOPE THAT GABRIELA WILL FIGHT FOR THIS TO MAKE A LAW AND MAKE IT A HISTORY FOR THE FILIPINOS.
WE SUPPORT YOU!!!
teka bkit parang favor sa girls lng ung divorce?
ei panu nmn ung mga lalaki na kinaliwa ng mga asawa nila???
I hope the divorce law will soon be passed. There are a lot of women in the Philippines suffering from their failed marriages. I would rather have a marriage legally dissolved than have women oppressed because the partner they decided to spend the rest of their lives have decided to go out of their promised fidelity.Natural law has been modified over time in all parts of the world. The time for change is now. Ignorance of this change will only cause irrepairable damage to whatever comes from a failed marriage. Saving a failed marriage is a fantasy saved for fairy tales. Reality is that humans are not perfect and not everyone are born with the biological tools to stay faithful.
Women suffer more because of nullity of marriage law which is the only remedy for them to seek. The threat of divorce will make a philanderer either to think twice about his actions or go ahead and face the reality of dissolving a failing marriage. Suffering a failing marriage need not be the proving grounds for one’s fidelity to their Christian beliefs. God implements natural law, not human laws.
Let us face reality. What are the things that the world can see about this issue that Malta and Philippines can’t see? We are now in New Generation and we must move together with changes to get it better. Let us open our eyes and brain.
Philippines is pro family. I am sure that when this bill is passed. this will not be a burger that every one will take a bite. I am sure divorce is not a good thing to do. I am sure that people will do everything to save marriage before going to this last option.
We are always looking at Filipino idealism about keeping family together. I accept that. But let us also face reality. When it is not really working, why this whole family need to live in darkness? Is it the same people we are trying to protect? To give a normal life? Normal family as well? Re-marrying is also a family that we want to built right?
Looking at present law, what are the problems that a lot of us are tying to close our other eye just to keep this idea about religion is always trying protect.
Reality:
1. Family leave in darkness forever. Instead of protecting the people.
2. How many people are separated and having other family now?that even both are all living with different families now? Why we can not protect those people as well?
3. How many illegitimate child need to be born and receive less acceptance in this society because of this old idealism?
4. Annulment is for rich people. So where is equality?
5. Corruption from some government officials, lawyers and judges who are taking advantage from this suffering couples. Why we open that window here? if it is legal and affordable, do you think people will find ways how to make money out of it?
6. How many crime committed for murder that is connected to these issues? How many people get away and criminals was not convicted due to careful planning and not obvious to public that the lead was due to unhappy marriage. Why we need to open up this threat? Is it easier to talk about it to find solution rather than committing a crime????
7. How many people committed suicide because of this??? Are we blind???
8. Is it good that law if for all? rich and poor can afford it?
All of these happens because of what??? Idealism.. “Filipino people preserve the right of keeping the family together” Hellooooo… let us open our eyes… and accept reality… same as the whole world that Malta and Philippines choose to close their eyes….
GABRIELA.. Please fight for the right of people to live a normal life even for the innocent kids… we will support you.. Divorce is not the option that people will pick-up first to solve a family problem. Same as other country, there are alot of ways that will take place first before a couple decide to this. Counselling, talk it over, family assistance… i am sure no one wants divorce but if this is the best solution for all. Why we keep it hard for everyone?
Welcome to 2011 those who are not agreeing to this… maybe you are one of the lucky family… but give a chance to those people who are not.. do not dictate to them how they should live their life and just pray for their happiness too.
I realy support divorce,, why? it is legal in the eyes of GOD,,,
compared to annulment it seems it contains something immorality,, why?
ex. you had child with your husband then youve got annulled,,, means that you NEVER GOT MARRIED after all then you have a child? its like premarital sex…. it is not good for you to be called ex-wife and ex-husband be never married right?? “no marriage after all if annulled”
ex. when both of you got divorced, means you have a child with your husband legally because youve got married but it was terminated only. “there was marriage but terminated that’s divorce”
kailangan nating suportahan ang divorce bill. last week, galing ako sa marillac hills, haven for abused women. sila ang mga batang sa murang edad ay namaltrato na at nasexual abuse either ng tatay nila or kaya ung mga taong nsa paligid nila. parami na ng parami ang mga battered women. papayag pa ba tayong madagdagan pa.. hindi natin puedeng sabihin lalambot din ang puso nian dahil papaano kung at the first place demonyo na pla yang asawa nio… i have 5 sisters and i dont want such things to happen to them and if that happens, nde ko alam ang kaya kong gawin… merong mga special cases naman ang divore bill,, nde porket nagaway,magfifile na kaagad ng divorce.. nakasulat din naman sa statement kanina na marami na ang nkafile na cases ng annulment dito sa pilipinas at karamihan sa mga ito ang hinde pa nareresolba.. annulment requires a lot of time and a lot of money.. paano naman ang mga marginalized,,, nde sila makakaafford ng annulment,, paano na sila..
last 1965, the vatican ended their revision of the Vatican II… there is this certain “Aggiornamento” or keeping up to date and coping up of the church’s doctrines to the current or more likely to say modernization of the world. hinde lahat ng “dating” sinabi ng simbahan ay puedeng tama pa rin ngayon kasi maraming bagay ang nagbabago.. i am not questioning the authenticity of the Christian Bible but at this point of time, meron na tayong paradigm shift at kailangan na nating magcope up sa shifting na ito….
Good Day to all.
I got married to a British national in NOV 2006 in angeles pampanga, and after only 3 months he left after we had argument about his real person and never saw him again. He have threatened me through chat and email, financially and emotionally crippled me. When i heard from him late DEC 2007 only to receive email with copy of his marriage certificate to another woman in UK. And when i ask him why did he not get divorce first his reply was he never registered our marriage in UK so no reason for him to file divorce and he does not plan to come back and pay for annulment he wanted me to suffer and not be able to re-marry or have a life. I was told that if he gets divorce in UK it will be honored here. So one time i was able to scare him of bigamy and get him to talk to divorce lawyer in UK but after they sent me draft of proposed divorce and after i sent them documents they ask for i got message from his solicitors saying that my ex or husband did not go back and not pushed through with the case. He knew i do not have the capability to file case because i don’t have enough money, so he just played and fooled me to believing that he was going to take care of it. What kind of law or country do we have if it can not even protect the rights of it’s citizens. I am financially broke, i have one daughter from previous relationship who is in college and can not afford to file annulment or even bigamy since i do not know how he can be persecuted, it has been almost 5 years am suffering from abandonment and not being able to move on and have new life due to our Philippine laws. And because i had been in the news long time ago, i am so ashamed to even file a case afraid of what people might say. I am BEGGING GABRIELA please don’t stop pushing divorce law, and if anyone can help me. I need advice. Is there a way for me to file bigamy and annulment without having to pay big money? Can a PAO help me? I hope that our bishops and priest consider and think of cases like mine before they say NO to divorce. I’ am a catholic, but sometimes I even think of becoming a Muslim just so i can get divorce and have fair chance in life like foreigners do. May God Bless Us All…. Thank you very much..
Dapat lang maipasa na iyan! Dahil unfair sa asawa na niloko ng kanyang kabiyak…nakipagsex ng iba. Kahit sa Bible malinaw na sinabi na pwede hiwalayan ang asawa pag-ang issue is about adultery.
DAPAT MA PUSH NA YAN ASAP!!!!AM AN OFW AND MARRIED 5 MONTHS AGO BUT MY PRODIGAL WIFE BACK PHILIPPINES STOP COMMUNICATING WITH ME AND CUT ALL OUR COMMUNICATION,SKYPE FB,MOBILE.SHES SEPARATING ME DUE TO HER OWN REASONS INSPITE OF FACT THAT I SEND MONEY EVERY MONTH.SHE THREATEN ME IF I STOP SENDING HE’LL FILE R.A.9262 CASE IN THE COURTS THATS WHY I HAVE NO CHOICE.SHELL BE GIVING BIRTH THIS YEAR AND PLANNING TO GO TO LONDON TO HER EX BOYFRIEND AND SHE PLAN TO DIVORCE ME THERE.I PLEAD HER TO STAY AND FIX EVERYTHING FOR THE PAST 3 MONTHS BUT SHE REFUSED TO COOPERATE. DIVORCE IS THE ONLY OPTION FOR ANNULLMENT IS TOO COSTLY
PLEASE GIVE ME ADVISE THANK YOU
i definitely agree with this petition..:)