HRA – Debate Paper

Topic 3 – Pro
 Divorce helps in addressing the inadequacies of legal remedies available to the country
a. Adopts to changing condition of society
b. Addresses the unequal burden in the termination of marriages
One of the arguments of those rallying against divorce is that under the Philippine laws,
couples undergoing a tumultuous time are given the option of annulment and/or legal
separation. However, these remedies prove to be insufficient.

Annulment as a remedy is provided for under Article 45 of the Family Code. It provides
for 6 legal grounds for annulment: 1) Lack of parental consent (if either one or both of
the parties are at least 18 but below 21 years old) 2) Psychological incapacity 3)
Fraudulent acts 4) Consent for marriage obtained by force, intimidation, or undue
influence 5) Impotence / Physical incapability of consummating the marriage 6)
Serious sexually transmitted disease.1 The list being exclusive, it does not cover all the
areas of possible cause of rift between the couple’s marriage. Hence, most Filipino
couples applying for annulment would tend to over-use and abuse psychological
incapacity as a ground for annulment. Article 36 of the Family Code provides that a
marriage is void ab initio when one or both of the spouses are psychologically
incapacitated to perform the essential marital obligations. In proving psychological
incapacity three essential elements must concur: 1) that it already existed before the
marriage 2) that it is grave or serious 3) and that it is incurable.2 In the case of legal
separation under Article 55 of the same code, which in our view, is not really an option
as it is essentially only a separation of bed and board. It does not affect the validity of
marriage. In essence, the victimized party is not entirely free from his or her partner.3

As mentioned, annulment as embraced in the Family Code does not comprise all
possible grounds of problems between married couples. As there are times when the
marriage would work in the first few years but somewhere along the line, the parties
would drift apart for reasons abound and reasons they only know. Divorce will provide
a remedy that annulment does not. It is not concerned with mere validity or invalidity
of a marriage. Under House Bill 6027, marriage may be dissolved based on
irreconcilable differences and severe and chronic unhappiness, either one as the cause
of the irreparable breakdown of the marriage.4 There are only two grounds provided
under divorce but both of which, in our argument, would be easier to prove in court
and would not cause the case to be dragged on for years as what essentially happens in
annulment in cases. Hence, this bill will terminate 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 capacity or incapacity. A divorce law will
provide a straightforward, easier and quicker remedy to a marital failure.

1
Article 45 of the Family Code
2
Article 36 of the Family Code
3
Article 55 of the Family Code
4
HB 6027
 As divorce provides two general remedies, it would easily adapt to the changing
conditions and trends of the Filipino family. In this day and age, specific and limited
grounds for separation would not certainly do justice to modern couples. Today,
relationships tend to be more fragile and family life more complicated. Similar to the
changing society, people tend to change easily as their world compartmentalizes due to
modernization. As such, couples who once were so connected may sooner or later find
themselves estranged. Hence, irreconcilable differences as a remedy would be a light
for their lost souls. Also, severe and chronic unhappiness, as generic as it could be,
would help individuals in unhappy marriages for their continued pursuit of happiness.
Our society has changed and now knows how to deal with divorce and adapt so that it
no longer has such a negative impact. Divorce is “not truly threatening the fabrics of
society; as the negative effects are not solely caused by divorce, considering that there
are other contributing factors. Overall, society itself plays a role in the acceptance of a
divorce. The ways in which family and friends interact with a couple define how
commitment is perceived. This interaction allows for the option of a divorce if a
marriage does not work out, which in turn allows for the acceptance of divorce.”5
(Glaeser, 2014)

References
Glaeser, K. (2014). Threatening the Fabric of Our Society: Divorce in. Oglethorpe Journal of
Undergraduate Research, 3-6.

Glaeser, K. (2014). Threatening the Fabric of Our Society: Divorce in. Oglethorpe Journal of
Undergraduate Research, 3-6.