Lady Bianca E.
Valencia
HUMSS 11-MAKADIYOS
Should divorce be legalized in the Philippines?
Some people believe that when you marry, it will end up happily just like fairytales. However,
happily ever after doesn't exist. There are things such as violence that makes one of them want to be
free from each other. As much as they want to be free from their partner in the legal way, they cannot
do it due to the money that you will going to invest if your are going to file an annulment or a legal
separation. Therefore, I agree that divorce should be legalized in the Philippines because it is more
convenient than the alternatives laws kike legal separation and annulment.
Divorce is said to be the one of the controversial issue in our country. According to Legal
Dictionary, divorce is the legal termination of a marriage by a court in a legal proceeding, requiring a
petition or complaint for divorce (or dissolution in some states) by one party. Based on the SWS survey
conducted between March 25 to 28, 2017, and December 8 to 16, 2017, 53% of Filipinos agreed to
legalize divorce in the country. As of now, the Divorce Bill or House Bill 7303 in the Philippines has now
been filed in the Senate and has also been passed by the House of Representatives.
The grounds of the proposed law are marital infidelity, drug addiction, domestic violence,
abandonment and the homosexuality. According to World Health Organization, about 1 in 3 (35%) of
women worldwide have experienced either physical and/or sexual intimate partner violence or non-
partner sexual violence in their lifetime. If you will read the grounds of Divorce, it shows that pro-
woman is part of the bill's guiding principles. It is said that it is a pro-woman because it protects the wife
from its abusive spouse. Also, one of its objective is to protect the children from the pain and stress
resulting from their parent's marital problems. The proposed law will protect children from unwanted
circumstance like being abused and also because they are the one who is most affected to his/her
parent's problem. The divorce bill shows how woman and their children are being secured.
Aside from the grounds of divorce bill, it also promises to be a faster and cheaper option for
couples who no longer want to be married. Based on a research, if you will file an annulment, you have
to prepare more or less P500,000 and the process take for about 6 months to 4 years. Unlike annulment,
the divorce bill focus to indigent litigants who want to end their marriage will no longer have to pay
court fees and other expenses related to the proceedings. As for the couples who can pay for their bill,
Lagman said that it will be much less than spending for annulment. However, according to Lagman, it
doesn't have a particular time frame because it will be a case to case basis. In filing a divorce, it provides
a mandatory of 6-month "cooling off period" for petitioner spouses. In this provision, the couples have a
chance to stop the divorce process and reconcile, if they choose to do so. With the help of this 6-month
cooling off period, the petitioner will prevent indecisive and will be able to think about the divorce
carefully.
Others may opposed that divorce shouldn't be legalized in the Philippines because it will only
affect the children of the couple and it will just tolerate the people to file a divorce even if it was just a
simple problem. Also, others said that instead of having a divorce, why not just add grounds to the
annulment. First and foremost, if the child's parents stayed together under the same roof even if they
have no longer have feelings for each other and all of his/her parents just quarrel all the time or his/her
father abused physically his/her mother, wouldn't it also affect the child? Divorce or not, when one of
the parents outlaw the grounds of marriage like domestic violence and such will affect the child.
Secondly, the divorce bill that was passed in the congress have grounds that won't let couple to easily
approved their filed divorce if there is no sufficient reason. Lastly, even if we add grounds to the
Lady Bianca E. Valencia
HUMSS 11-MAKADIYOS
annulment, it won't change the fact that you need sufficient money to file one because it is very
expensive. Needless to say, divorce bill has been studied well even though it is inevitable that the people
around the couple will also be affected like their child.
Divorce bill have grounds that will help a spouse to free from his/her partner. These grounds do
not permit couples divorce without any sufficient reasons. Alternative to divorce law like legal
separation and annulment is very expensive that the indigent litigants can't afford. If the divorce will be
approved in our country, spouse who experience abusive marriage will be free from their partner and
the indigent litigants can also file one. Divorce is much convenient than legal separation and annulment
that is why it is the solution to the arising abusive marriages.
People may change in a period of time— it may be for the better or for the worse. No matter
how we think we truly know the person sometimes they will change. Marriage and divorce are serious
matter that we should think twice or thrice before deciding. In filing a divorce, you should carefully
consider that you have a valid reason so that you will no regrets. Also, you should consider the people
around that will most likely will be affected when you file one. The divorce bill should be approve as
much as possible because it will not just benefit the petitioner to live freely but also its child who will
still receive a custody and support from his/her parents even if they are no longer together. Therefore, I
stand that divorce should be legalized in the Philippines for it will not tolerate the Filipinos to divorce
with an unacceptable reason due to its well thought grounds and because this will help the abused
spouse to have freedom and take away their children from unhealthy environment where he/she sees
every time his/her parents quarrelling.