DEBATE: LEGALIZING DIVORCE (AFFIRMATION SIDE)

-Assertion: This house prefers legalization of divorce over not legalizing it.
-Argument: To give a LEGAL CHOICE
-WHY:
 What’s there to protect an already broken family?
 To avoid domestic violence and abuse (for mom/dad), to avoid toxic environments (for child)
-Context: status quo
-Explain: How does divorce avoid this?
-Wing: How is the motion having a legal choice prevent this --> u can easily get out of marriage
-what would change the ground if legalization of divorce is implemented

📌notes ----------------------------------------------------

DIVORCE
-destruc of PH families
-what’s there to protect an already broken family?
-we are fighting for divorce to break families, for women who are victims of domestic abuse, for children who are victims of
toxic environments

FOR BETTER GROUNDS

IN THE PH
> why dont we have divorce in the first place?
-PH is a very religious society with strong catholic influence that shaped social norms. “marriage” as a sacrament/ inviolable
-Family code: enacted 1978, which upholds sanctity of marriage

> what is the reason why it doesnt exist?

- PH society is composed of almost all percentage of citizens in the country are catholics, very religious culture

> what are the conditions that not having divorce helps satisfy in our society?
-family values, religious beliefs, resiliency/ reconciliation
-cultural consistency, social cohesion
-we already have options:
a. legal separation
b. annulment
c. nullification

IN OTHER COUNTRIES

> why do other countries have divorce? what is the reason it exist for them? what are the conditions that divorce helps satisfy in
other’s society? and why wala ta?

-indiv autonomy and freedom

-changing social norms
-protection from abusive relationships
-promotion of gender equality
-facilitation of marital dissolution
-reduction of stigma: other societies w divorce, there is less stigma & they have a more open and understanding attitude
towards individuals
-changing fam structured:
-freedom to remarry

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POSSIBLE ARGUMENTS AGAINST LEGALIZATION OF DIVORCE

1. PH AS A VERY RELIGIOUS SOCIETY, SOCIETY THAT UPHODLS VALUES + FAMILY CODE

—If contextualized na sa PH, unsaon man nimo pag justify sa mga religious sects knowing na more than
a majority jud sa citizens sa PH kay strongly grounded on religion?

*terms of religion
-PH religious country but we are also a secular state (one that does not consider anyone’s religion as an
official religion).
-all around the world, the vatican city and ph are the only ones that do not have a divorce..
- vatican DO NOT need divorce bcs 1000 population only 70% are clergy 50% not even citizens (search
more on thiss)

-highly religious (CATHOLIC) countries who have divorce:

1. Italy (majority catholics) & spain (95% catholic) - have divorce n it didn’t affect their religion
2. Argentina – w significant catholic population & legalization of divorce have been met w some
resistance but they have a secular govt and greater emphasis of individual rights
(search more on this and link to PH/ strengthen )

With a third world country that is similar to our position. After passing this dibo

- ang muslim divorce kay exclusively for muslims ra unya under sha sa sharia courts(sa qur an) against mn
sd na nila sa qur an ang divorce but it continues to be available for them (search more on this? Or I think
this is ok, strengthen )

*in terms of values

-As filipinos: we honor values, vows, decency, dignity
-BUT this cannot be manifested if marriage is empty, full of hate—so marriage will not become sacred

family must be nurturing and loving to have a healthy environment. for thr kids to have a best
environemnt, u have to do what is best for them. and sometimes what is best for them/ fam to separate
esp for toxic environments

(search more on case studies/ REAL LIFE where mas better off ang family, esp ang CHILD when
niseperate iya parents. like for child naa nay 2 loving house/ 2 loving fams, something along that line)

2. HOW CAN U ASSURE THAT LEGALIZATION OF DIVORCE WILL NOT BE ABUSED

--How can legalization of divorce address detrimental issues in PH?
—Given na uneducated ang most Filipinos, how can u assure na dili ni sya ma abuse? How "ready" is PH
for this new law? How "ready" are its people?

-its not imposed on anyone who wanted a way out. If the couple do not want to consider divorce in their
marriage, then they don’t have to. Legalizing divorce does not threaten harmonious families
- DOES NOT MEAN THAT passing the divorce bill will give every couple who has arguments/ negative
relationship to have a divorce. it is UP TO THE COUPLE.

-divorce is there as a LEGAL OPTION/CHOICE to break families especially for women who are victims of
domestic abuse/violence and for children who are victims of toxic environments. divorce gives those
involved a right to exercise their beliefs and protect themselves n others.

In other countries:
-breaking a family is NOT THAT EASY.
-last effort, exhausted all measures given that fam is the most valuable unit of society
-infact, gov’t in other countries kay mucounsel pa sila sa couple to ensure nga sure na ba jd sila sa ila
buhaton

(then mucite ug article/case/ statistics/ any real-life scenario to support this, na sa other countries kay
niprovide ug inani na support na mucounsel and alll )

The concept of not abusing divorce and so that PH will be ready for this:
-if the bill will be legalized, then it will follow that the government will strengthen this bill para d sha
maabuse
eg. muhatag ug public education/ awareness prog sa mga ppl? to inform the public of the implications of
divorce, legal processes involved and potential impact on the families. this is to allow informed decisions
among families. (then mucite ug article/case in the past na nihatag ug awareness prog ang govt esp
when they established a new law!! )

-it will follow that the government to ensure that there is assessment and monitoring of divorce cases
to identify any misuses of the legal process and so as to create adjustments as needed.

(then mucite ug article/case in the past na nay assessment and monitoring of cases to improve the
laws natooo. Real life scenario. And quickkk lng )

-also, it will follow that the government will establish the legal processes. and they will not be that
easy. there are specific grounds for a divorce to avoid baseless applications:
such as domestic violence, psychological incapacities

3. WHAT’S WRONG WITH THE CURRENT STATUS QUO? HOW GRAVE IS THE NEED?

—What's wrong in current SQ na mu resort na jud mo to a total change in the system?

— How pressing is the issue? How grave is the need?
—Makaya paba nig regulate?
(wa pani natarong.)

*status quo: more families are separated, gov programs/ legislation and bills supporting dissolution of
marriages

*whats wrong with the current issue not only with there are a lot of domestic abuse
*a lot of cases, a lot of issues regarding separation so long na ang legal processing bc of MANY cases.
Needs some time before mareach sha sa judge + muhigh ang expenses (expound. something along this
line.)

(wa pani natarong ang mga answs below this)

4. WHY DIVORCE? WHY NOT ANNULMENT OR LEGAL SEPARATION?

-annulment system

-too mahal. filipinos must have cheaper OPTIONS, give them a way out when wa nay ma run to. more
options when it comes to marriage & families w society being slowly more progressive given the laws
being presented in the house and with more advocates fighting for human rights

-annulment: u can, but not too fast to remarry

-divorce: can swiftly remarry n start over their lvies

Grounds in Annulment:
-include psychological incapacity (mental illness which may cause a grave domestic violence (under
Article 36), fraud, lack of parental consent, intimidation, force, impotence (helplessness), sexually
transmitted disease, or if one party was already legally married at the time of the marriage, among other
grounds as defined under the Family Code of the Philippines.

Grounds for Legal Separation:

-In the Philippines, legal separation can be based on various grounds, including adultery, physical
abuse, abandonment, drug addiction, or sexual infidelity.

4. WHY DIVORCE? WHY NOT EDUCATION & STENGTHEN FAMILIES FIRST?

—If abuse is the main cause of divorce, why not strengthen families BEFORE they enter into marriage? Or
give better support/education to families to better handle families? By this ma prevent unta ang worse
cases. Why not teach families to physiologically & emotionally handle their problems and not just give
them a one-time "escape" na mag divorce? How can u assure na di ni sya maka lead og more problems
—na mag marry sila, nya'g mapul-an or wa na ganahi kay "abusive" na kay i-end nalang? + What works
for other countries (legalizing divorce) may not work best for us. Why not address the main issue jud:
entering marriages na DILI pa diay ready in the first place (back to education chuchu)

Divorce is NOT the end all be all. This is a CHOICE. DIVORCE Is here to providr a legal option choice
especially for families na no other mapupuntahan/ no other choice. it does not destroy happy marriages.
perpetuates violence if one continues to stay

5. WHY DIVORCE? THERE ARE MORE PREVALENT ISSUES & IF MA FIX NI, THEN MAFIX ANG PROBLEM
SA FAMILY & THERE WILL BE HEALTHIER FAMILIES

—There are other heavy issues prevalent in the country that needs to be addressed: education, poverty,
malnutrition, healthcare, etc. If kani ma first addressed mismo, ma fix na guro ang problem sa family
(leik if sakto pa sila sa government support, medical & health needs, food & nutrition, education, etc, kay
healthier unta ang Filipino families)

----
Aynig storyaa kay akoy storya ani chz for last or smthng

REBUTT

anti: consti must uphold families, sanctity of marriage which is an inviolable social institutions that
desrves state protections.

In the long tin

legalization: essence of a law is FOR THE PEOPLE to have CHOICE. dor the benefit of the entire
population. what we need is to give filipinos a choice to what they need/want. A choice to choose
happiness, whatever ground that takes

---> DIVORCE AND POVERTY, EDUCATION SYSTEM, FILIPINO FAMILIES

 Legalization of divorce  this would follow government to establish supportive policies and
legal provisions that mitigate negative consequences
  Personal Growth  opportunity for the individualism of a person. to focus on personal growth,
self-discovery, and building a stronger sense of identity. It can provide a chance for self-
improvement and pursuing one's goals.
 Healthy Co-Parenting Relationships  While divorce signifies the end of a marital relationship,
it can also provide an opportunity for parents to establish healthier co-parenting relationships.
Effective co-parenting can contribute to the well-being of children.
 Opportunity for Healthy Relationships: Divorce can pave the way for individuals to establish
new, healthier relationships. It allows for the possibility of finding a partner who aligns better
with personal values and goals.
 Legal Protections:
In cases of abusive relationships, divorce provides a legal means to seek protection and escape
from harmful situations. It can help individuals secure legal safeguards for themselves and their
children.

Family (sanctity) vs freedom/rights

indiv choices vs relious doctrines
 DEBATE 101 (char)

HOW TO DEBATE
-play safe, use more points but tarongag rebut
-acknowledge cons, state the pros, then make solid by stating real life examples
eg.
pros - mga instances of legalizing divorce for impactful benefits
cons – provide recomms as to how to minimize these cons/ better avoid

HOW TO MAKE AN ARGUMENT

-point title (summarizes what u want to prove, thesis of argument
-analysis (reasons where u systematically explain n justify argument w logical reasoning/pros n cons)
-example (theory to real world, where it happens in real lIfe)
-wing / link to the motion (why it needs to be argued to win your round)
+compare arguments w others (to see whats more important)

LOGICAL ANALYSIS (mechanization & impacting)

-why is argument true?
-what is argument important?

PROPER ANALYSIS
-assertion: ask urself WHY is this important, WHY is this true -->> until good conclusion
ANALYSIS - why why why?
IMPACT – why does it matter

REBUTT
-when we look at our status quo, when we look at the status quo of tohers
-provide comparisons why yours is most likely or more true
-did the opening opposition have a sufficient mechanism in order to prove any of the actual consequences they said that could
cause this motion
-not only arguments but how arguments are built
- even if that point is important, then refute it other way. start in the cracks thrn talk abt later impacts
Eg. 1
This house would not legalize divorce.
> Once you legalize divorce, then every couple can easily get out/break their marriage ban child labor.
> Side opposition: First of all, we think that is internally untrue and that that is a false assumption. “Just because divorce is legalized, doesn’t
mean that every single couple having an argument can get a divorce. Divorce has grounds….
> Practical situations: explain kani na mga grounds

Eg. 2
This house would ban child labor
> Once u ban child labor, every child can go back to school
> Side opposition: First of all, we think that is internally untrue, we think that that is a false assumption. “Just bc u ban child labor, doesnt mean
that every single student have the ability to go back toschool”
> Practical situations: -families that the only person that can bring money is the child, so they have to find work, they cant go to school
----(weighing) is this more important than what we are providing in our side
-how much diff it makes:
*how likely is it that [sa annulment] its gonna happen, how likely is the difference it actually makes? Eg does this policy actually make
a difference? It would be great if it actually worked. If it does work, how often does it work? Does it work only for a small set of
privileged woman for example? Prod around

WHIP / LAST SPEAKERS

-close whole debate as if your side won the debate
-summarize own argu n opponents argu
-how ur team has taken down all of the other sides of argu n how they no longer stand
-how your sides argu still stand and how the oppositions have not fully taken down ur argus
----------------------------------------------------

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Annulment and divorce

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[Link]

PH ONLY

Is this smthng we really need in PH?

YES, PH should be GIVEN A CHOICE whether to avail a divorce law or not.

-doesn’t mean na nay divorce law then all marriages should end in divorce

WHY

-loveless marriages
-physical abuse, domestic violence
-terminate marriage kesa maimprison ang usa ka person sa relationship

AVAILABLE MEANS UNDER PH CONSTITUTIONS (3)

1. Petition of declaration for nullity of marriage

– marriage is null and void frm the v beginning/ NO MARRIAGE.

- (marry bro’s sis, marry first cousin. Marry someowhone who is psychologically incapacitated to
fulfill/ perform obligations of marriage, marry underage)
-“NO MARRIAGE EXISTED” only a ceremony
-Article 36: ground for psychological incapacity. If nay expert eg alcoholism is but a manifestation
of a disordered personality,

(but grounds are v stringent: prove root cause, incurability) (more common in PH)

Existed in the time of marriage, incapacity must be incurable, must be grave or seroious
-terms of evidence, more difficult to obtain ni
-how long? There are too many cases that are heard by the court so there is a need to ensure
that there is a proper sched, but there are factors beyond control.. year and a half is a MINIMUM

2. Petition of annulment of marriage

 – marriage is voidable
– marriage is valid UNTIL SET ASIDE.
-there existed a ground so it became voidable
-given a period of time (5 yrs – to file petition of annulment)
-eg one ground is lesbian tas wa sha niingon sa injured party during the time of marriage. Injured
party is given 5 years to FIND OUT the fraud within which to file a petition of annulment. IF NOT
FILED within 5 years, then marriage will be valid bc there is the presumption that u already
accepted, u already cohabitated (intercourse)
- if from that time of marriage and the other party really did not disclose abt that condition with
5 yrs (which is fraud). SO u have to FIND OUT WITHIN 5 YRS: u have to make a decision whether
u would want file an annulment or not otherwise u are trapped in that marriage
-or discovered 3 yrs later then count 5 from the discorver

-Article 36: ground for psychological incapacity. physical abuse/violence -> Mental illness >>
physical violence

W annulment – article 36, u donot recognize a marriage can start in a ve ry good and harmonious way
and something happened along thw way. U will recognize that psychological incapacity happened/ was
errcognized at the moment of celebration of marriage (unfair,, recognize that there were marriages that
dissolved DURING, happy in the first years and something ahppened)

3. Petition for legal separation

– grounds that existed that would allow parties to physically live apart
- but marriage is intact, cannot remarry (cannot have sexual relations w other ppl, bc of
adultery/ concubinage)
-vv seldom foor ppl to file here

DO WE REALLY NEED ANOTHER LAW that would impact the institution of marriage?

Legal sep – u doonot severe the marriage. How can u make somebody moveon/welcome another
relationship

W divorce – marriage ended so she can decide

W declaration of nullity – easier, w.o requirement of marriage, easier to declare nullity

W VAWC – separating parents, protection dli magkita

Its not easy to say im giving up, it takes a lot of courage, independence, financial capability. It’s like
burning the bridges and its not easy
DIVORCE
-u can terminate a valid marriage/ *tapos na
-all u have to proce: grounds existed during marriage
-psychological incapacity (same2 sa legal separation)
-is it easier to avail? U still are required to go to court based on the proposal(unlike other countries na
muadto ra sa ila city hall n by consent kay maok na )

-making it super easier: then the invioability of the marriage as aa social institution?
-do it slowly, until PH accepts it

WE Believe in the institution na marriage sanctity so there must haave REAL grounds
irreconcilable differences – MUST BE DEFINED so not subject to abuse

WE value marriage, but why would we allow ppl to stay stuck in marriage? We PROPAGATING SIN if we
allow ppl to get stuck in marriage

Divorce rate high = divorce juvenile delinquency

Marriage as SANCTITY/ SACRED – is sacred until all factors that are need in a healthy honest respectful
relationship, that defines sanctity

If one party is violating the obligation the duties within that sacred relationship then it no longer
becomes sacred.

Define legal remedy --? DIVORCE IS A ANOTHER OPTION, existing once can be USED. If u are happily
married, if u have this sancitiy then why do u have to avail?

Esp now, OFW fams who were forced to get out of country bc ofunemployment, there for more than
5yrs ,what fam are we taling abt? Unemployed who are forced to do child labor. Alr existing, issues of
abusive relations esp in our culture, perpetuation of dominance of men over women. REALITIES.

BASIS OF MORALITY-> SECULAR MORALITY  FOUNDATIONS OF RELATIONSHIOP

MORAAL BREAKDOWN
-advocates of ideal families: mother fqather children are living harmoniously
-then again there are now economic and social situations that force families to have real probs/ fathers
that are abusive

If they see how violent the father is or how bad the relationship is, it is a worse moral breakdown for
children. There are REASONS why u have to get out of relationship. Our bill is to make sure that the court
will see through all reasons why u have to avail ths law.
CONSTITUION: divorce bill run conflict w institution?

Marriage is foundation of our institution of our society, w/o marriage”

-> it will break family bale not the end all be all

Overcoming this
-bc constitution must provide that marriage is considered sacred n state will
protect fams
-opposition: essence of divorce is to break apart
-marriage is an iviolalbe social institution
- how can separating the marriage bond very easily (w annulment n psychological incapacity helps
preserve family when the very foundation of family is marriage

-the bill is an AMMENDMENT to the FAMILY CODE – it is constitutional

-we alr have legal separation, annulment, if u use “this wil; break the family, etc” on the issue of morality,
2 exitisting remedies are there already, this additional one can be availed alr

Institutions Is built by christian families

IF this nation is built through solid families  then GO ahead with the
solid families. But if a fam is breaking down then there should be
remedies. Lawmakers should be aware of this situa

---------------

Filing for VAWC – protecting abused but they ar still married

LEGAL SEPARATION – physicllay separated but they are still married
Divorvce offers grounds remarry, new life and to reclaim autonomy
Effect of divorce.. what has divorce done on the countryff between 2 parents earning.

If u reduce the situation of other countries and facting fivorce as one of the factors, it is overrated.
Realities SHOULD BE ADDRESSED REALLY. No.1 prob is poverty bc of existing policies. These affect
marriages and families, go into the reasons, and its impact on families. So as mentioned, relationships
that are so abusive to women already bc of the realtionsphips of SO MANY economic, political, cultural
issues that corrode values. Y NOT recognize a remedy that would not stigmatize them. That even
govt/ppl would understand na ok, we will end your relationship bcs u are in an abusive relationship.
Fluid n smooth transtion

PRESERVING THE MARRIAGE FOR CHILDREN

The more u maintain the relationship, the more it becomes worse for children. Why maintain in an
institution that perpetuates violence. If there is abusive relatonship

Seeing your father slapping the mother, big impact especially for the child, if we are pushing for unlawful
divorce bill. U have to study go to court have intervention to reconcile to hear both sides, in respect oof
how we uphold families. If there is ded end y not?

Institution protection the abuser

“safety net” maong mucontinue ang abuser

-before entering a marriage, individual relly thinks abt it, regardless of divorce or not, don’t
underestimate culture: love, support, should matter

-if u think that those are not in a relationship, why not have the right to get out of contract

-before individuals enter a relationship, individuals use intelligence and emotions relationship

We have families w/o benefit of marriage, there are single parents, don’t u think we should call them
families. These are realities. Realistically, so many families existing harmoniously without the benefit of
marriage

ABUSES AND ADULTERY

In our bill, we carry on the amendment of all the reasons for legal separation. Basis established by the
court. There should be basis, these basis established by court, go through process, makes this bill diff
from existing laws in the country

Don’t reduce getting good values into marriage. Define what MARRIAGE SHOULD [Link] should be
grounded on the basic premise of a good relationship (love,respect, survive). Should be healthy
w ocriminal offender - imprison

Foundation of family, family foundation of institution

State should be open to changes, recognize what rights to be upheld, rights to be established

Annulment increasing every yr

-annulment - -expensive
-divorce-wasier prove, not expensive ang process

-psychological incapacity – happening in time of celebration, u can be happy for the first years eh

Pushing for legislation of divorce is a venue to raise consciousness to the public of what a marriage
should [Link] should also Recognize realities, the whole structure of our society, consider economic
political cultural changes we have right now. Pushing for a legal remedy to an abusive or irreparable
marriage should be given and provide for for those in need.

If u are in a happy relationship u don’t have to use this.

Divorce is not something na, if you choose uraurada. Of course there will be a due process for it and there are
rules pa din naman. But the bottom line is that, it is there to help not to destroy. A lot of views in the past kasi
are so ancient na di na siya magwowork sa new age. That is why if something is not working the idea is to fix
it. Pero if for multiple times na di na talaga magawa, eka nga unrepairable na and it's not healthy but rather
fatal. Causing physical, mental and emotional detriment. The best way is to get to a conclusion that will benefit
both of the parties. Babae man o lalaki, still provided with due process and with legal basis.

That’s the first problem, you’re associating marriage with catholic teachings. Not everyone is catholic and
you’re demeaning children by saying they can’t handle separations.