Affirmative

PRACTICABILITY OF DIVORCE

The practicability of passing a divorce law in the Philippines is anchored in the

following principles: (1) divorce provides more options or remedies; (2) it does not

infringe on the right to religious profession; (3) it is in line with the Convention on

the Elimination of all Forms of Discrimination against Women; (4) It is expedient

and convenient

First, the institution of divorce in the Philippines will provide more options or

remedies for spouses. The passing of the bill of divorce will not repeal the existing

mechanisms such as declaration of nullity, legal separation and annulment. Instead,

divorce will be added as another option or remedy for spouses that they can avail of,

If their case does not fall within the aforementioned mechanisms.

The affirmative side believes that for some spouses or couples, the present system

may work. However, there is no perfect system, and by introducing another

mechanism, it may better cater to the specific needs of couples.

Second, the affirmative side strongly believes that the divorce law does not infringe

the religious beliefs and freedom of the people to religious profession as a

constitutional protected right. While it is true that religious freedom, although not

unlimited, is a fundamental personal right and liberty and has a preferred position
in the hierarchy of values. The court reiterated in Imbong v. Ochoa that the principle

of separation of Church and State is based on mutual respect. The state cannot

meddle in the internal affairs and dogmas or dictate upon it. At the same time, the

Church cannot impose its beliefs and convictions on the state and the rest of the

citizenry. It cannot demand that the nation follow its beliefs, even if it sincerely

believe that they are good for the country.

It can neither be said that divorce will erode the personal values of a predominantly

Catholic Philippines because the experience of Italy, where the Vatican is located

and Spain which are two predominant Catholic countries, the rate of divorce is low.

Enacting a divorce law will not force Catholics to abandon or go against their

religious beliefs, because the other remedies (legal separation, declaration of nullity

of marriage, and annulment) will still be available. Instead, what the government

endeavors is to provide an additional remedy to failed and irreconcilable marriages,

and to give couples the right to remarry if they see fit, whether they be Catholic or

an atheist, as prescribed by law.

Third, under the Convention on the Elimination of All Forms of Discrimination

against women to which the country is a signatory, the Philippines is committed to

take all appropriate measures to ensure the full development and advancement of

women for the purpose of guaranteeing the exercise and enjoyment of human rights

and fundamental freedom on the basis of equality with men.

In Garcia v. Drilon, the Court recognizes the plight and struggle of women in

Philippine society, where historically, women have been disadvantages as compared

to men. This is why the Court upheld the constitutionality of the RA 9262 or the
Violence Against Women and Children (VAWC) law. The VAWC Law protects women

and Children from abuse against partners or husbands who are violent either

physically or emotionally. Moreover, the first paragraph in Art. 55 of the Family

Code providing grounds for legal separation states that repeated physical violence

or grossly abusive conduct against the petitioner, a common child, or a child of the

petitioner as one of the grounds.

Lastly, Divorce is expedient and convenient, Divorce law caters to marriage

breakdown during the marriage. Whereas in other options that we have under our

laws is that you have to prove that the marriage is ineffective from the beginning or

at the time of the marriage. But we must stress that Divorce is practical because it is

a remedy available to existing marriages in the Philippines that has reached its

unfortunate end. As mentioned, divorce will favor those who are separated in fact

by reason of spousal abuse or domestic abuse. Therefor, the woman who has been in

an abusive relationship with her husband has a remedy to sever her ties from her

abusive husband. Divorce is practical because it simplifies the process in application

Therefore, based on the foregoing, it is the policy of the affirmative to pass

the divorce law because it is necessary, beneficial, and practicable.