View Poll Results: Is it time to legalize divorce in the Philippines?
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yes
4 80.00% -
no
1 20.00% -
Maybe/undecided
0 0%
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Tsikoteer
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March 18th, 2005 03:00 AM #22
[SIZE=3]Bill allowing divorce filed[/SIZE]
By JODEAL CADACIO
TODAY Reporter
March 17, 2005 ABS-CBN.COM
A staunch advocate of women’s rights in the House of Representatives on Thursday pushed for the enactment of a law introducing divorce as an option for couples in failed or irreparable marriages, a proposal that could draw the ire of the Roman Catholic Church and other conservative religious denominations.
Party-list Rep. Liza Maza of Gabriela said her proposal would give Filipino couples in such situations the option to sue for divorce, instead of confining their options to legal separation or annulment.
"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," Maza said.
She said the problem with legal separation is that it does not give estranged couples the right to marry. The other option, annulment, which dissolves the existing marriage, is very expensive and inaccessible to many couples.
Maza said that many couples from the marginalized sectors, who have no access to the courts, simply end up separating without the benefit of legal processes.
She cited statistics from the City of Manila, where an average of three annulment cases are filed everyday.
"This figure is 10 percent of the 30 marriage licence applications filed everyday. Moreover, with unaffordable legal fees for marriage licenses and annulment applications, many couples in urban poor communities just opt to get out of their marriages and cohabit with the next. This is the reality that stares us in the face, a reality that we have the obligation to properly address," Maza said.
She stressed that her proposed divorce measure conforms with the local culture and traditions.
"What we are proposing is divorce, Pinoy-style. We will take into consideration not just the need for divorce as an option. This proposal considers our culture, religious and traditions that gives importance to the sanctity of Filipino marriages and the family," Maza said.
"We will not have Filipino couples do a Britney Spears, with marriages annulled in less than 24 hours after the ceremony. Moreover, in case the petition for divorce is granted, the courts will decide based on the best interest of the couple’s children."
"We will have safeguards against abuses. Divorce will be seen as the last resort of those in unhappy and abusive marriages."
In her proposal, couples who may apply for divorce include those who have been separated in fact for five years, or those already legally separated for two years.
The grounds for legal separation may also apply when these caused the irreparable breakdown of the marriage. In addition, psychological incapacity, causing one’s failure to comply with essential marital obligations and irreconcilable differences causing the irreparable breakdown of the marriage are also recognized as grounds for divorce.
Maza said the measure was crafted in consultation with women lawyers, and that it was inspired by studies and inputs of various women’s groups and the experiences of spouses gathered by Gabriela from its various chapters nationwide.
Maza said that foremost in the proposal is the issue on battered women. "Battered women invariably seek separation only after many years of trying to make the marriage work; separation only becomes imperative for them when they realize that it is necessary for their and their children’s survival. Divorce could actually provide protection to battered women and their children from further violence and abuse," she said.
Maza also stressed that the bill is sensitive to differing religious beliefs in the country. "It recognizes that the plurality of religious beliefs and cultural sensibilities in the country demand that different remedies for failed marriages should be made available," she said.
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March 18th, 2005 09:11 AM #24
Yup. Too long have the Filipinos been beholden to the Catholic Church on this matter. Point is:
1. The Church can't defend a woman who's being beaten by her husband;
2. The Church can't feed a woman and her kids if she separates from her husband de facto
3. The Church can't give shelter or livelihood to a woman, neither can they provide medical care if she separates from her spouse. Anything they do give is merely palliative.
4. Last and most important: The Church cannot guarantee the happiness of a woman who stays in an abusive marriage.
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March 18th, 2005 09:30 AM #26Originally Posted by Altis6453
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March 18th, 2005 09:47 AM #27Originally Posted by johnnyd
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Tsikoteer
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March 18th, 2005 10:03 AM #29
Hiwalay kung hiwalay!!! Ang decolor sa puti! Hehehe. Ako di favor sa divorse. kawawa naman yung mga anak. Magkakaroon ng Psychological effect.
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March 18th, 2005 10:07 AM #30
in favor, as long as the children's rights are protected.
people make mistakes. why pay for it by being miserable your whole life?
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