A POSITION PAPER

AGAINST THE DIVORCE BILL

House Bill No. ___

“The Act of Absolute Divorce and Dissolution of Marriage in the Philippines”

Prepared by:

Pinky Molina

Derek Cordova

Orlando Tagulao

Reymond Ancot

Lilibeth Subayno

Jane Montenegro

Gretchin Parantar

Liza Irene Ochavillo

Diane Ghin Abaigar

Kathleen Marie Prosia

prohibited. Under the law, there are ways for married couple to separate to wit:

annulment and legal separation. Annulment seeks to dissolve the marriage and the

process is agonizing to both parties in terms of procedure, attorney’s fees, fees for

filing, and others. There must be a good reason why dissolving marriage through

annulment which is allowed in the Philippines, is agonizing, and well is not that

feasible. Honorable adjudicators, we respectfully present today a position paper

substantiating our stand against the passing of Divorce bill into law.

NON-NECESSITY

Current issue today about Divorce bill caught the attention of many, for such our

country the Philippines as one of the largest Christian nation, Divorce is regarded as

Taboo. We are here to question the necessity of Divorce bill to pass into law. The

Constitution upholds and protects the sanctity of family life provided under Section

12 of Article 2 of the 1987 Philippine Constitution, supported by Executive Order No.

209 of the New Family Code of the Philippines.

It is said that divorce bill seeks to protect the women and their children from abusive

husbands or father also known as Domestic Violence. Question is, are the countries

where divorce is legal free from domestic abuse?

The family as the basic unit of society whether it will succeed or will fail greatly

affects the balance of the community. Conflicts undeniably exist within the family

though it varies by severity a family could have. One of which is domestic violence.

We cannot deny the fact that this greatly affects not just the life of the offended
spouse but covers entirely the family as a whole. That’s the reason why the state

passed into law Republic Act 9262 also known as an Act Penalizing Violence against

women and their children. This law does not just protect any woman and their

children against domestic abuse. It also deter or prevent an individual to commit a

violation of this act provided that there is a law punishing it. In greater sense no one

would want their freedom be taken through imprisonment though. Therefore, we

should not use domestic violence as an excuse to adopt divorce law.

Irreconcilable differences? Incompatibility? Why did two people marry in the first

place?

As provided by law under Executive Order No. 209, “no one can enter into

marriage without having the essential and formal requisites provide for in

Article 2 and 3”. This ensures that a person before entering into a permanent contract

of marriage is aware of the responsibilities a vow of marriage has. That reason itself

simply proves that marriage is not mandatory not even necessary. It is upon your will

as a person capable of sound discretion. You are liable for all your acts. Besides, that

is why dating stage exists for us to determine whether or not both parties are ready to

enter into marriage. It is just a matter of responsibility.

Lastly, think about the a child living alone, not having a home (physical, mental,

emotional, and financial assistance) , yearning for a family who could be ruined by

Divorce. Would you take to have your child, sister, brother, or any family member to

suffer emotional torture through bullying?

scapegoat nor an option to avoid responsibility as a spouse or worse a parent. The

state already has an existing law. We just have to implement it properly and most

importantly develop sense of responsibility.

NON - BENEFICIALITY

From a legal perspective the Philippine Constitution in Art. XV, Sec. 2 states,

“Marriage is an inviolable social institution, is the foundation of the family and

shall be protected by the State”. Marriage is supposed to be forever. From an

idealistic non-legal standpoint, the sole reason for marriage should be love; the kind of

love that transcends time and withstands any impediments that life throws our way, For

this reason the negative effects of divorce on children depend on the age of the child at

the time of the divorce, infants and toddlers seem to experience the fewest effects from

a parent's divorce, though many may experience appetite suppression or moodiness.

Children older than 3, however, have greater difficulty adjusting to the separation and

might believe that they are somehow responsible for their parents' divorce. Both

elementary-aged children and adolescents might act out with anger or suffer from

mental anguish or depression. Some might experience divided loyalty between their

divorced parents. Divorce is the most difficult phase of a married couple’s life. As

adults, they might eventually get over the tough period, but children become a collateral

casualty. Their minds are tender and can slip into a state of shock on seeing parents split

forever and the adverse effects of divorce can be long-lasting on children and may

impact their own relationships.

solemnized outside the Philippines in accordance with the laws in force in the

country where they were solemnized, and valid there as such, shall also be valid in

this country provided that there is a valid marriage that has been celebrated

between a Filipino citizen and a foreigner; and valid divorce is obtained abroad

by the alien spouse capacitating him or her to remarry”.

Hence, the effects of divorce reach far beyond money. There are many health

consequences related to divorce that can affect a fragmented family both mentally and

physically. The divorced men in most developed countries have twice the premature

mortality rate of married men, and divorced women are also more likely to die at an

early age than married women. Additionally, the years following a divorce present a

greater risk of depression and other mental health disorders, and this was studied and

published in the "American Journal of Sociology" and the "Journal of Marriage and the

Family".

NON PRACTICABILITY

It is enclosed in Section 12, Article 2 of the 1987 Constitution that, “the state

recognizes the sanctity of family life and shall protect and strengthen the family

as a basic social institution”. The provision is intended to formalize the adoption of

an ideology which recognized the family as the basic social institution. This provision

also prohibits the state from adopting measures which can impair the solidarity of the

Filipino family. The family, being the basic social institution, is vital in uplifting the

community and the state.

Under Section 1, Article 15 of the 1987 Constitution, it was explicitly provided that

“The state recognizes the family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development”.

Section 2 of the same article further provides that “Marriage, as an inviolable social

institution, is the foundation of the family and shall be protected by the state”.

The law favors the validity of marriage, as stated in Adong v. Cheong Seng Gee: The

basis of human society throughout the civilized world is that of marriage. Marriage in

this jurisdiction is not only a civil contract, but it is a new relation, an institution in the

maintenance of which the public is deeply interested. Consequently, every

amendment of the law leans toward legalizing matrimony. Persons dwelling together

in apparent matrimony are presumed, in the absence of any counter-presumption or

evidence special to the case, to be in fact married. The reason is that such is the

common order of society, and if the parties were not what they thus hold themselves

out as being, they would be living in the constant violation of decency and of law.

Our family law is based on the policy that marriage is not a mere contract but a social

institution in which the state is vitally interested. Its preservation is not the concern

alone of the family members but also of the state. The passing of the a Divorce Bill

into a law does not carry with it the assurance that it will cure the defects of a failing

marriage. Divorce laws cannot be claimed as measures protective of marriage as an

inviolable social institution nor conducive to the strengthening of the family life.