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Divorce

The document discusses the pros and cons of legalizing divorce in the Philippines, highlighting arguments for protection from abusive marriages, individual rights, and alignment with global norms, against concerns about the sanctity of marriage, negative impacts on children, and cultural resistance. Current legislative efforts include House Bill No. 9349, which proposes absolute divorce and is pending in the Senate. The issue is complex, balancing legal practicality with moral, religious, and human rights considerations.

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11 views3 pages

Divorce

The document discusses the pros and cons of legalizing divorce in the Philippines, highlighting arguments for protection from abusive marriages, individual rights, and alignment with global norms, against concerns about the sanctity of marriage, negative impacts on children, and cultural resistance. Current legislative efforts include House Bill No. 9349, which proposes absolute divorce and is pending in the Senate. The issue is complex, balancing legal practicality with moral, religious, and human rights considerations.

Uploaded by

brionfaith
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DIVORCE IN THE PHILIPPINES: PROS AND CONS

PROS (Arguments in Favor of Legalizing Divorce)

1.​ Protection from Abusive Marriages​


Divorce offers a legal exit for spouses trapped in relationships involving domestic
violence, psychological abuse, or abandonment. Annulment is expensive and limited in
scope.​

2.​ Right to Happiness and Freedom​


Recognizes individual autonomy, dignity, and the right to pursue happiness and
emotional peace. The 1987 Constitution guarantees protection to life and liberty —
which includes freedom from a failed or harmful marriage.​

3.​ Alternative to Costly Annulment​


Annulments in the Philippines cost ₱120,000 to ₱500,000 and can take years. Divorce
would offer a more accessible and practical remedy for ordinary Filipinos.​

4.​ Legal Clarity for Separated Couples​


Many couples are de facto separated, yet legally bound — causing issues in property,
inheritance, and remarriage. Divorce provides closure and legal recognition of reality.​

5.​ Alignment with Global Norms​


The Philippines is one of only two countries in the world (with Vatican City) that does not
allow divorce. Legalization would bring Philippine laws in line with international human
rights standards.​

6.​ Protects Children from Toxic Environments​


Children in violent or high-conflict households may benefit emotionally and
psychologically if parents are legally separated and happier apart.​

CONS (Arguments Against Legalizing Divorce)

1.​ Threat to the Sanctity of Marriage​


The 1987 Constitution protects marriage as a social institution and the foundation of the
family. Divorce may weaken family bonds and promote a "throwaway" mentality toward
marriage.​

2.​ Negative Impact on Children​


Some studies suggest children from divorced families may face emotional,
psychological, and academic challenges. Stability of a two-parent household is often
emphasized in moral teachings.​

3.​ Religious and Moral Objections​


The Catholic Church, which has major influence in the country, strongly opposes
divorce. Many see marriage as a lifelong sacrament that should not be broken.​

4.​ Risk of Abuse of the Law​


Divorce might be used impulsively or irresponsibly, leading to serial divorces and
instability in society.​

5.​ Existing Remedies Already in Place​


Legal separation, annulment, and declaration of nullity are already available — though
limited, some argue they're sufficient.​

6.​ Cultural Resistance​


The Philippine culture values sacrifice, endurance, and family loyalty. Divorce may
challenge long-standing cultural norms.​

Current Legislative Efforts

●​ House Bill No. 9349 (Divorce Bill) was passed by the House of Representatives in May
2024. It proposes absolute divorce as a legal remedy with safeguards.​

●​ The bill is still pending in the Senate.​

Conclusion

Legalizing divorce in the Philippines remains a sensitive and complex issue, balancing:

●​ Legal practicality​

●​ Moral and religious values​


●​ Human rights​

●​ Child welfare​

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