If you check the recent comments, this issue is pretty much alive. Please post your opinion here, but preferrably at the previous post. The poll is to the right.
Update (26 November 2007): Let’s close the poll. There’s a total of 68 votes. According to 14 votes (21%), divorce should not be allowed in the Philippines. On the other hand, 54 votes (79%) says that divorce should be allowed in the Philippines.
Related posts:
- Divorce – a call for arguments
- Senator Antonio Trillanes: Should he be allowed to post bail
- Allowing Absolute Divorce in the Philippines
- Using the Power of your Vote on the Divorce Issue (or any other Issue)
- Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers
- Ramdam ko ang Pag-Asenso
- Overkill in the Assault vs. Trillanes group?
by warrior
05 Nov 2007 at 09:51
Yes, divorce should be allowed. It would be the height of hypocricy to continue living with someone you don’t love anymore because of irreconcilable differences. The conventional wisdom is that our culture frowns on divorce and we expect the husband and wife to stick it out through thick and thin for the sake of the children.
While I agree to divorce, I am not sure if our culture is ready for it. If we go through the arguments against divorce, one will notice that they reflect the beliefs of our culture with some sprinkling of ideas from religion.
In the US, divorce is something that is part of decisions or options that has to be made when the situation arises. Children there would understand. However, in Pinas, it is traumatic for Filipino children to see their parents separate, or even to see them quarrel.
Anyway, like the bamboo, the Filipino is resilient. But let us not experiment with this resiliency all the time. There are other more pressing problems, specially those that deal with the economic upliftment of the majority of the Filipinos.
by Cristina Rogando
05 Nov 2007 at 11:08
Personally, for me I dont like divorce… annulment would do… In divorce you can marry again what for? to commit adultery?
by Joselito Basilio
05 Nov 2007 at 12:35
Our law does not prohibit relative divorce (annulment) and recognizes it under exceptional circumstances (Art. 26, para 2 of Family Code and Orbecido doctrine).
If the “divorce” in the question is to be taken to mean “absolute divorce”, I am inclined to vote in the affirmative.
When a husband and wife live an extremely unhappy marital life, is there a point in continuing to be married? It is best for the couple to divorce.
We have a right to happiness. We have only one life, so we should not waste it by staying with the one we do not love. We err in our choice of partner and we have the right to make it right.
Constant battles at home will have a deep psychological effect on children. Children who witness aggression and abuse grow up to behave in the same manner. History repeats itself.
When people break their promise to love, the marriage contract is broken and the couple no longer trusts each other. Why complicate life for themselves? What is the point?
Others may say “what God hath joined together, no let man put asunder”. God does not tolerate the joining of two strangers who are forced to marry by their respective parents and live unhappily ever after.
by DJB Rizalist
05 Nov 2007 at 21:26
No way! It would take all the fun out of…concubinage!
by Atty. Fred
05 Nov 2007 at 21:49
Dean, that’ s an inte resting way of putting it.
Lit0, Warrior, just to take the other side – that would lead to more impulsive cases of getting married because, anyway, its easy to get out. By comparison, would allowing divorce go against the provision for the State to protect the family?
by warrior
06 Nov 2007 at 09:41
You have an important point Atty. Fred. The principle of the State is to protect the family. It is the basic unit of society. From that point of view, I submit that divorce should not be allowed.
by Sha2x
06 Nov 2007 at 16:05
There is only a thin line that differs between a divorce and annulment. However, I’m okay with Divorce if it will be awarded by the court in ’special’ circumstances.
It’s obvious that it is the Canon Law serves as the blueprint of our Family Law, but we have to consider that laws are evolving and it should adapt with the times.
by Atty. Fred
08 Nov 2007 at 13:40
Warrior,
Again taking the other side, the Constitution doesn’t disallow divorce. There are couples right now that are separated and have separate families. There are spouses who suffer in silence, abused, even, simply because it’s expensive and difficult to get an annulment. Discord in the family, as when the parents are in a “cold-war”, also scars the children. Those who have less in life can’t afford the costs of annulment. Perhaps these instances, among others, would show that allowing divorce may serve to protect the family.
Sha2x,
It would be interesting to know what those “special circumstances” are, specially if we consider that even an attempt on the life of a spouse is merely a ground for Legal Separation. =)
by Joselito Basilio
09 Nov 2007 at 15:03
The Polls say 82% are in favor of divorce. Is that not revealing? Time has changed indeed.
by Atty. Fred
10 Nov 2007 at 10:21
Lito, very true that so much haS changed. The change, however, is not enough to get the votes in Congress. Why is that?
by Sha2x
14 Nov 2007 at 15:12
maybe it is high time to change the law, Atty…I don’t want to be bitter, all i have to say is that our laws are a bit sexist.
by Atty. Fred
14 Nov 2007 at 22:35
sha, it won’t happen soon. The church, for one won’t let it pass without vigorous ‘opposition’. As to the sexist laws, I’m interested to know what in particular you’re thinking of. =)
by Sha2x
15 Nov 2007 at 23:06
Let me point out a specific area that has made me think that our laws are sexist: Adultery vs. Concubinage…
As to penalties: Destierro is for the mistress/concubine of the guilty husband But in Adultery, Prision Coreccional is imposed on both lover and guilty wife.
As to the comission: concubinage can only be alleged if there is cohabitation of the huband with another woman not his wife in the conjugal dwelling or having sex in scandalous circumstances. On the other hand, sexual intercourse of a married woman to a man not her husband already constitutes adultery. Sakto bah?
So, Atty…Pwede na? Hehe…
by Atty. Fred
16 Nov 2007 at 13:08
Sha2x,
You’re correct that those laws are considered as “sexist”. In fact, you may add that it’s a criminal act for a widow to get married again within 301 days from the death of her husband (there are moves to amend it).
On the other hand, would you say that R.A. 9262 is blatantly against men? This leads some to comment that gender quality should be equal treatment under the law, not equal number of laws that discriminate against the other gender.
by Joselito Basilio
20 Nov 2007 at 14:03
There are 3 bills pending in Congress which seeks to punish marital or sexual infidelity, amending the crime of adultery and concubinage. I tackled this issue in my blog http://www.tokpisparkplug.blogspot.com.
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[...] post calling for arguments regarding the allowance of divorce in the Philippines, although the informal poll reveals that 79% favors divorce. Maybe we’ll get more substantial arguments and ideas this [...]
by Mariel
20 Apr 2008 at 09:45
its everyone’s right to be happy! when a marriage fails its not right to keep it and stay misserable just because filipinos value family.. dont be so hipocrite! we all know that most marital failures in our country are contented in practicing live in partnership because of that unreasonable no divorce law! a lot of us are crying for HELP! we need our voice to be heard! DIVORCE is one way to fix increasing number of filipinos practicing live in partnership.
If marriage fails and both agreed to live separate lives…its their right to get DIVORCE!
by joy baterna
27 Jan 2010 at 09:03
ya right mariel !!! when both husband and wife don’t want to live together they have the right to file a divorce . because our government is not the one who suffer . WE SUFFER . just imagine this every time you wake up in the morning you will see the face of lucifer beside you … ( husbands who having a mistress looks like demons)
by josephine baterna
27 Jan 2010 at 08:33
good day! in my own opinion i am in favor of divorce here in the philippines. my ex husband remarried after he got married to me for the period of 5 days . he abused me beat me a lot when i was with him sometimes be beat me almost to death i can’t complained since he locked the room till all my bruises gone. i filed my annulment 2 yrs ago the lower court approved my annulment but then the OSG filed an appeal to the court of appeals . the reason they said is wrong ground of petition. before lower court grant my annulment i asked my lawyer to amend my case into psychology incapacity coz the ground of my petition is fraud. but she never listened . so the OSG filed an appeal last june 2009 my lawyer filed a motion to dismiss my case but till now we dont have the resolution even though the OSG agreed to dismiss my petition for lack . i know many wives suffering from their husband they suffer from physical abuse, emotional abuse , many filipino men are womanizer, irresponsible . i just wonder why our govt do not agree the divorce law ? in spain where the catholic religion originated there is a divorce there . lots of christian countries have divorce . women in the philippines suffering much from their husband . why our govt still want a couple to stay together when both husband and wife don’t want to live together ? in my case my ex husband is now living together with other woman in our own house and he is not interested to fix our marriage he never filed any counter affidavit but then OSG dis agreed the court decision coz of wrong ground of annulment . i pray that the divorce law be implemented here in the philippines . or may i say hopefully divorce law in the philippines will pass in the congress . thanks ..
by josephine baterna
27 Jan 2010 at 08:55
yes i agree that family is the basic ground of our society but then how can a couple raise a good family when there are lots of arguments fights infront of their kids? there are lots of couples lost respect , love , care and the husband is immoral. out of 10 families ( 10 percent lang ang me matinong tatay . bat di kayo mag survey sa mga lower class family and even in higher class society lots of married men have mistresses . while their wives look after their kids their husband enjoying the company of his mistress. is that fair to his wife???? tell me if that is fair .
marami din asawa na bugbog sarado ng kanilang mister once they complained na late na umuwi ang mister nila , lasinggo , babaero, sugarol those behavior is not enough ground for annulment . puwede sampahan ng kaso ang mister makukulong pero it does not mean na di na siya asawa . sa kaso ko puwede ko sampahan ng bigamy ang mister ko at concubinage pero makukulong siya at paano na mga anak ko? if makulong siya sino ang bubuhay sa mga anak ko isa yan sa reasons why ang mga asawa magtiis na lang sa kanilang husband kasi nga ang mga lalaki ang pander di pamilya once makulong siya at wala naman work ang wife niya papaano na ang mga bata . kaya ang mga asawa nagtitiis na lang sa pambubogbog ng kanilang mister at isa pa mahal ang annulment di makaya ng middle class na wife . ang annulment para lang sa mayayaman as they say and that’s the truth . i knew na ang petitioner for annulment puwede kumuha ng lawyer frm PAO pero ayaw magtanggap my lawyers ng PAO kasi daw magagalit ang mga private practioner lawyers . so not fair again . if titingnan natin our judiciary system napakabagal kumilos even nasa harap na niya ang folder di pa mapirmahan kasi me kulang na ewan , malapit na mawala ang tiwala ko sa ating judiciary system . puwede kaya daanin na lang sa botohan ang divorce bill dito sa philippines? i think mas mabuti ang ganyang process.