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The document discusses arguments for legalizing divorce in the Philippines. It notes that existing laws like annulment are inadequate and do not provide remedies for situations like abandonment, irreparable relationships, and domestic abuse. Several sources are cited that show public support for divorce is growing. Legalizing divorce could benefit women in abusive marriages by providing a clearer path to ending the relationship. It could also have benefits for children by removing them from environments with violence and lack of respect. Divorce may allow people to learn from mistakes and improve themselves and future relationships.

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0% found this document useful (0 votes)
239 views4 pages

Bibliography

The document discusses arguments for legalizing divorce in the Philippines. It notes that existing laws like annulment are inadequate and do not provide remedies for situations like abandonment, irreparable relationships, and domestic abuse. Several sources are cited that show public support for divorce is growing. Legalizing divorce could benefit women in abusive marriages by providing a clearer path to ending the relationship. It could also have benefits for children by removing them from environments with violence and lack of respect. Divorce may allow people to learn from mistakes and improve themselves and future relationships.

Uploaded by

toto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bibliography

TARUC, P (2015, March 25) a recent poll by Social Weather Stations (SWS) shows that in
the fourth quarter of 2014, more than half of Filipinos (60%) supported its legalization.
Retrieved December 5, 2017, from CNN Philippines:
http://cnnphilippines.com/news/2015/03/24/survey-pinoys-favor-divorce.html

ILAGAN, L (2011, June 14) We cannot deny the reality that there are marriages that turn
sour. There are marriages that are abusive, even violent and there are bigamous marriages.
We need to address this reality and give couples in these failed marriages the option of
divorce. Retrieved December 5, 2017, from Bulatlat:
http://bulatlat.com/main/2011/06/14/divorce-bill-providing-a-remedy-for-women-in-
abusive-marriages/

ILAGAN, L (2011, June 2) The sanctity of marriage is not based on the number of
marriages existing but on the quality of marital relationships. When a marriage is no
longer viable, divorce should be an option. Retrieved December 5, 2017, from Bulatlat:
http://bulatlat.com/main/2011/06/02/gabriela-solons-highlight-necessity-of-divorce-as-an-
option-for-unhappy-marriages/

CASTILLO, G (2015, April 2) Under annulment, my marriage is void. In divorce, you


recognize the marriage as valid. I think you would respect the sanctity of marriage if you
go for divorce. Retrieved December 4, 2017, from Rappler:
https://www.rappler.com/nation/88762-divorce-marriage-rappler-talk

URSUA, E (2013, February 1) A divorce law will provide a remedy that Article 36 does not.
Divorce does not concern itself with validity or invalidity of a marriage. It terminates a
marriage based on a ground that occurred during the marriage, which makes the marital
relationship no longer tenable, regardless of the spouse’s psychological constitution. A
divorce law will provide a straightforward remedy to a marital failure. Retrieved
December 5, 2017, from Positively Filipino:
http://www.positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-divorce-
law

RODRIGUEZ, F (2015, September 1) the number of VAW cases reported to the Philippine
National Police (PNP) has increased by over 500% in the past 16 years. Retrieved
December 5,2017, from Rappler: https://www.rappler.com/move-ph/issues/gender-
issues/85640-women-girls-violence-ph

LINABAN, L (2011, June 14) The divorce bill seeks to provide a remedy for couples who
have come to a point where their marriage is beyond repair. We trust that the bill will
especially benefit women who are in abusive relationships and want to get out of their
marriage but are constrained by the inadequacy of existing remedies concerning the legal
termination of marriage. Retrieved December 5, 2017, from Bulatlat:
http://bulatlat.com/main/2011/06/14/divorce-bill-providing-a-remedy-for-women-in-
abusive-marriages/

TARUC, P (2015, March 25) a recent poll by Social Weather Stations (SWS) shows that in
the fourth quarter of 2014, more than half of Filipinos (60%) supported its legalization. In
a report released Monday (March 23), SWS pointed out that the support for divorce has
been growing for the past several years. Last year, representatives Luzviminda Ilagan and
Emmi De Jesus of the Gabriela Women's Party filed House Bill 4408, seeking to legalize
divorce in the country. In their explanatory note, the legislators opined that "Even when
couples start out well in their marriage, political, economic, and social realties take their
toll on their relationship. Some are not prepared to handle the intricacies of married life."
Retrieved December 5, 2017, from CNN Philippines:
http://cnnphilippines.com/news/2015/03/24/survey-pinoys-favor-divorce.html

RICHARDS, N (2017) Divorce can be a positive thing when the marriage is in high conflict
and the children are exposed to violence, abusive substances etc. It is not healthy for
children to be in an environment where they see a lack of respect and trust. Divorce can
sometimes bring out the best in children especially older children who have siblings. They
want to protect their younger sisters and brothers and do so by making sure they are okay
and being compassionate towards them. Parents can be so focused on the problems in the
marriage that good parenting may not have happened. But it can return. Divorce can help
both parents become better parents as they learn to value their time with their children
more and get to re-connect with them. Retrieved December 5, 2017, from Wikivorce:
https://www.wikivorce.com/divorce/Wikizine-Parenting/Shared-Parenting/The-Positive-
Effects-of-Divorce-on-Children.html

GROSS, G (2014, April 13) This self-reflection and self-healing is one of the most positive
outcomes of divorce. By doing inner work, you can recognize and acknowledge your own
patterns that led you to a dysfunctional relationship in the first place. … by releasing
yourself from an unhealthy partnership, you not only can become healthier mentally and
physically, but also add years to your life through happiness. Finally, as difficult as the
process of divorce can be on your children, it also allows them to watch you make human
mistakes — and then grow from them. As you do your inner work and regain your true
self, your children are watching, and they can learn the importance of valuing yourself.
They also have the opportunity to learn how to properly behave and react should they find
themselves in a similar situation down the road. Retrieved December 5, 2017 from
Huffpost: https://www.huffingtonpost.com/dr-gail-gross/positive-outcomes-of-
divo_b_4768426.html
Abstract

Marriage in the Philippines is greatly valued by the state and frowns on the idea of
dissolving it once the marriage has been celebrated as the state sees marriage as the foundation of
the family life and vows to protect the foundation of the most basic unit of the society. Such stance
of the state which aims to protect the marriage from being dissolved has taken its toll on the
individual members of the family who has been constantly abused or abandoned by their spouse
or parent and cannot escape the nightmare due to the inadequacy of existing legal remedies to
address their problems. In order to provide a competent remedy to this problem, it is high time for
our nation to change their stance and to consider the idea of legalizing divorce in our country. The
intent of this thesis is to advocate the legalization of divorce as an alternative solution to annulment
which is costly and does not provide remedies for cases of abandonment, irreparability of the
marital relationship, and especially domestic abuse which is rampant in our society. Also, this
thesis aims to give an insight on the positive effects that divorce can bring to the aggrieved party
or to his/her family and is planned to be cheaper and more liberal in interpretation in order for
those of the middle/lower class to be able to avail this legal remedy without spending hundreds of
thousands and waiting for years just to be able to walk out of their dysfunctional relationships.

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