Professional Documents
Culture Documents
Debaters:
De Jesus, Aijeen P.
Peña, Roselle D.
Udedike, Damian C.
Mendiola, Manila
BACKGROUND
In greek mythology, Zeus, the King of the Gods, was walking at the landscapes of
Hesperides, when suddenly he spotted Hera, the goddess of women, marriage, family and
childbirth, and fell head over heels in love with her. Zeus, in turn, anxious with the thought of
being unnoticed by Hera’s beauty, transformed himself into a cuckoo and placed himself outside
her window, pretending to be frozen by the cold. Hera felt sorrow and pity and took the bird
inside her house. Once inside, Zeus revealed his true identity and made love to Hera. Then, he
grabbed Hera and brought her to the mountain of Cithaeron to make her his legal wife, so that
The marriage of Zeus and Hera was celebrated with exceptional and sacrifices coupled
with singing hymns and praises. One of the invited guests was Gaea, the Goddess of the Earth,
who gave the couple a symbol of love and a tree with golden apples. Hera planted the said tree
Romantic as it may sound, as such in the case of celebration of most marriages in the
Philippines, there are opinions in which romantic love is not an enough motive for upholding the
sanctity of matrimony while others view marriage where partners should be carefully chosen.
Among the resolutions amidst the rising issues on these is the proposed House Bill No.
7303, otherwise known as “An Act Instituting Absolute Divorce and Dissolution of Marriage in the
Philippines”. It is a proposed preventive means by the legislature “to give the opportunity to
spouses in irremediably failed marriages to secure an absolute divorce decree under limited
to their parents’ constant marital clashes” and “grant the divorced spouses the right to marry
again for another chance to achieve marital bliss”. The bill further proposed under its guiding
principles that “the court proceedings for the grant of absolute divorce shall be affordable and
inexpensive, particularly for court assisted litigants or petitioners.” Meanwhile, among others, it
asserts that “the option of absolute divorce is a pro-woman legislation because in most cases, it
On the other hand, others are in favor of the passing of House Bill No. 7303 as they claim
that “ours is a government of laws and not of men” (Lukban vs. Villavicencio). As such, they claim
that the fact that majority of Filipinos are in favor of divorce shows that the will of the people is
to reintroduce and legalize divorce in the country. The government, as representative of the
We strongly believe that the enactment of the divorce bill is neither necessary, nor
beneficial, and unequivocably impractical as it may one way or another disrupt the state’s
recognition on the sanctity of family life. Furthermore, as much as we consider the possible
reconciliation between relationships under Article 26 of the Civil Code, there are other forms of
solution in the form of present laws and even more are being formed in the Philippines to cater
the problem of the grounds for separation of the legal ties in a marriage.
While most young women nowadays would be in a relationship at an early age to a man
roughly twice their age, falling in love, getting married, then eventually coming up to a divorce
should not be done as though they were similar in circumstances. Marriage, as some would say,
is not easy. It takes compromise and sacrifice. Thus, divorce may merely act as an avenue for one
of the parties who agreed to such marriage to severe it under the guise of the ground of
irreconcilable differences.
I. NON-NECESSITY
“The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution” (Section 13, Article II of the 1987 Constitution).
Passing of the divorce bill runs against the Constitutional policy of protecting the family.
Section 13, Article II and Article XV of the Constitution provides for the promotion and
protection of the family, as an inviolable social institution and the foundation of the nation. Mr.
Nolledo (1986) agreed with Mr. Suarez' observation during the Constitutional deliberations that
Article 216 of the New Civil Code is also the thrust of the Family Rights and that Article 218 of the
same Code which provides that "no custom, practice or agreement which is destructive of the
Although the status quo is not perfect, the problem arising from irreparable marriages can be
“Even presuming that absolute divorce would minimize the occurrence of the querida
system, there is no guarantee that it will eliminate it,” says Juco J.M (1966).
The negative side believes that divorce is not necessary. The Philippine laws allow forms
of marital separation through legal separation and annulment of marriage as provided in the Civil
Code and such laws could be further amended to suit the necessities of the Philippine society.
The grounds of the divorce bill also include the grounds for legal separation and annulment of
marriage with the exception of gender reassignment and irreconcilable differences. Grounds for
legal separation and annulment of marriage may be added making it so that divorce may not be
subsequently obtaining foreign citizenship shall likewise have capacity to remarry under
Philippine law when a divorce is validly obtained abroad by the alien spouse capacitating him or
There are other forms of solution in the form of present laws in the Philippines to cater
the marital problems including those enumerated as grounds in the annulment of marriages and
legal separation provided in the Family Code. Special laws such as the R.A. 9262, otherwise known
as “Anti-Violence Against Women and Their Children Act of 2014” recognizes the need to protect
the family and its members particularly women and children, from violence and threats to their
personal safety and security. The Act punishes the abusive spouse through imprisonment and a
fine. A protection order is also available under this Act to prevent further acts of violence against
a woman or her child and granting other necessary relief. Furthermore, the Revised Penal Code
The Filipinos are family-centered, which trait has been a real strength of the nation. The
framers of the Constitution noted the deep concern of Filipino parents for their children's
welfare, education and future, and in turn, the children take good care of their elderly parents
with personal sacrifice. (Records of the 1986 Constitutional Commission) Consequently, the
maintenance of the family system should be preserved in order that gradual collapse in the family
Furthermore, Congressman Elpidio Barzaga Jr., expresses his opposition to the divorce bill
by upholding the intent of the framers of the Constitution to preserve the sanctity of family life
for which is founded by marriage. "To have a strong nation we must have a strong society, which
depends on a strong family. We can have this only if there are laws that solidify and strengthen
The Constitution explicitly provides for the protection of the family as foundation of the
nation. Atty. James Imbong listed five (5) grounds for divorce which are:
1. If the couple has been separated at least 5 years and there is no more chance of
reconciliation;
2. If the couple has been legally separated for at least 2 years at the time of the filing for
divorce;
3. Psychological incapacity;
4. Abandonment, marital infidelity or domestic violence or any of the grounds for legal
separation; and
5. Irreconcilable differences.
These five (5) possible grounds for divorce will be easily availed of by any of the spouses
involve. Thus, it is violative of the Constitution where it protects the marriage. He further added
that his work experience in Office of the Solicitor General opened his eyes to all circumstances
to which legal practitioners and psychologist would abuse the grounds needed to grant
“Marriage is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life.”
Marriage is a civil contract, in the sense that it is entered into by agreement of the parties.
(Stevens vs. U.S.) However, it is a special contract as it is established in accordance with the law
wherein certain rights and duties incident to the relationship come into being, regardless to the
Marriage in this country is an institution in which the community is deeply interested. The
state has surrounded it with safeguards to maintain its purity, continuity and permanence. The
security and stability of the state are largely dependent upon it. It is in the interest and duty of
each and every member of the community to prevent the bringing about of a condition that
would shake its foundation and ultimately lead to its destruction. The incidents of the status are
governed by law, not by will of the parties (G.R. No. L-12790, 109 PHIL 273-277).
The House Bill 7303 or the Divorce Bill, however, allows the parties to severe the legal ties
of the marriage under the ground of irreconcilable differences referring to the existence of
overriding conflicts between a married couple that are so pronounced and beyond repair as to
make the marriage unworkable. Such irreconcilable differences have not been defined narrowly
enough and may be subject to the parties’ own definitions therefore giving them the power to
Divorce hinders society by dissolving families and weakening belief in the family as an
essential social unit. According to sociologists, the family does more than unite people by
marriage and blood or adoption; it provides the educational, financial and emotional support its
members need to thrive socially. Without such support, divorced adults and their children are
mentally and physically weakened, becoming less productive social participants. More broadly,
divorce leads people to question whether having a family is worthwhile. The Heritage Foundation
reports that children of divorced households tend to enter high-risk marriages. Even worse, says
researcher Patrick Fagan, these children often do not marry and start families of their own, a
According to Juco, J.M. (1966), divorce prejudices the normality of the lives of the
children. It may be a source of social embarrassment or insecurity, not necessarily for the
spouses, but for their children. In the countries where divorce is allowed, the system of divorces
Young children whose parents were divorced can develop anxiety disorder where there
they experience overwhelming fear of being abandoned. Such could lead other problems such as
eating disorders. Divorce causes irreparable harm to all involved, but most especially to the
children. This was supported by a study of Wallerstein, J. (1991), wherein children six years after
a parental marriage breakup revealed that even after all that time, these children tended to be
“lonely, unhappy, anxious and insecure. Furthermore, Amato (2000) states that though it might
be shown to benefit some individuals in some individual cases, over all it causes a temporary
decrease in an individual’s quality of life and puts some “on a downward trajectory from which
Meanwhile, when it comes to having their own family, children whose parents divorced
are slightly less likely to marry. According to Popenoe, the father of marriage in the United States,
they are much more likely to divorce when they do marry. Moreover, research says that divorce
risk nearly triples if one marries someone who also comes from a home where the parents are
divorced. The increased risk is much lower, however, if the marital partner is someone who grew
up in a happy, intact family. This is further proved by Hill (1993), in his study that teenagers in
single-parent families and in blended families are three times more likely to need psychological
help within a given year. Statistical comparisons of the mean moral maturity scores suggested
that male delinquents whose fathers were present attained higher moral maturity scores than
those whose fathers were absent, as Bieliauskas & Daum (1993) says.
Vrouvas states, on the other hand, In most functioning societies, an intact family helps
children develop strong moral character. Lacking such guidance, children of divorce are more
likely to behave as social deviants. Specific findings reported by The Heritage Foundation are that
these children are more likely to commit minor and serious crimes, run away from home, be
suspended from school, smoke cigarettes, abuse alcohol, carry weapons, engage in physical
fighting, and use marijuana and cocaine. And both male and female adolescents living in single-
According to Conger, R.D., Elder Jr., G.H., Lorenz, F. O. & Wickrama, K.A.S. (2006), in the
years immediately after their divorce (1991–1994), divorced women reported significantly higher
levels of psychological distress than married women but no differences in physical illness. A
decade later (in 2001), the divorced women reported significantly higher levels of illness, even
after controlling for age, remarriage, education, income, and prior health. Compared to their
married counterparts, divorced women reported higher levels of stressful life events between
1994 and 2000, which led to higher levels of depressive symptoms in 2001.
Furthermore, Vrouvas (insert year) states that, divorce breeds poverty, particularly for
women and children. In the first 18 months following divorce, between 77 and 83 percent of
mothers and their children live in poverty. With fewer economic resources, most children of
divorce experience disruptions – changes in child care, living arrangements and schools – that
Using data from the National Longitudinal Survey of Youth (1979), research shows
unemployment before and during separation and show that men’s unemployment during
separation, rather than women’s, reduces the likelihood of divorce, independent of pre-
separation unemployment and other characteristics. For men, unemployment during a marital
separation prolongs the divorce process, creating an extended period of uncertainty in marital
Reiterated by Churchill and Fagan (2012), divorce leads to a decline in the frequency and
quality of parent-child contact and relationships, and it becomes difficult for non-residential
parents, 90 percent of whom are fathers, to maintain close ties with their children. For example,
children spend significantly more nights with their mother than their father. Nearly 50 percent
of the children in one study reported not seeing their non-resident father in the past year, and
the small number that had recently stayed overnight at the father’s residence did so for a special
visit, not as part of a regular routine. An analysis of the National Survey of Families and
Households found that about one in five divorced fathers had not seen his children in the past
year, and fewer than half the fathers saw their children more than a few times a year. By
adolescence (between the ages of 12 and 16), fewer than half of children living with separated,
divorced, or remarried mothers had seen their fathers at all in more than a year, and only one in
six saw their fathers once a week. Contact with the father declines over time after a divorce,
though this pattern is less pronounced the older the child is at the time of the divorce. 32
Daughters of divorced parents were 38 percent less likely than their peers in intact families to
have frequent contact with their fathers, and sons of divorced parents were 20 percent less likely.
Divorce can save people from a bad marriage, but research has shown that it can also
debilitate a society. Divorced adults are more likely to become impoverished while their children
social and human capital. It substantially increases cost to the taxpayer, while diminishing the
taxpaying portion of society. It diminishes children’s future competence in all five of society’s
major tasks or institutions: family, school, religion, marketplace and government. Divorce also
permanently weakens the family and the relationship between children and parents.2 It
and for children, the early loss of virginity, as well as diminished sense of masculinity or femininity
for young adults. It also results in more trouble with dating, more cohabitation, greater likelihood
of divorce, higher expectations of divorce later in life, and a decreased desire to have children.
Divorce would be easy for the wealthy to obtain, since they will be able to afford it in spite
of the financial obligations which it may entail. Poor couples, on the other hand, may decide to
avoid the idea completely, in the belief that it will be cheaper and less bothersome to maintain a
third-party than to support two or more wives. Thus, a study by Juco (1996) concludes that
divorce would not afford an absolute and complete cure for the ills spawned by the querida
system.
III. NON-PRACTICABILITY
rather than protection and preservation. Likewise, it is not the best solution to the problems
The Family Code provides for three remedies on the dissolution of marriage bonds:
declaration of nullity, annulment, and legal separation (Paras, 1995). The proposed Divorce Bill
(H.B. No. 7303) has a resemblance with the provisions on legal separation. They both provide
grounds which may occur subsequent to the celebration of marriage. They provide separation of
the spouses in case of a final declaration of legal separation or divorce, as the case may be.
Legal separation is more consistent with the constitutional mandate of protection and
preservation of the sanctity of marriage and family life because its effect is just the separation in
bed and board of the spouses. It does not severe the marriage tie. In addition, legal separation is
open for the possibility of reconciliation of the spouses. The proposed divorce bill does provide
for a reconciliation period of six (6) months, however, after the expiration of this cooling off
period and the final decree of divorce, the spouses may not opt anymore for reconciliation.
Unlike in legal separation, it allows for reconciliation even if there is already a final decree of legal
separation. The period for reconciliation is not limited to just six (6) months. Thus, legal
separation is more practicable and more in line with our Constitution than having a divorce.
The Commission on Human Rights (2001) has declared divorce to be inconsistent with Article
16(3) of the United Nations Declaration of Human Rights (UDHR), for violating the rights of the innocent
spouse and children whom the guilty spouse is allowed to abandon or neglect. It will be a violation of the
children’s right to a stable family as a result of the irreversible breakdown of a family for the spouse can
resort to divorce immediately if he sees it fit do so, without considering the psychological effects to the
child.
Divorce causes more psychological and post-divorce problems among spouses and
children. Mothers frequently experience distress and increased rates of depression after
separation and divorce. Fathers demonstrate poorer mental health and psychological well-being
as well as higher rates of depression if they are the non-custodial father. The initial period
following separation is stressful for the vast majority of children and parents although this initial
stress reaction normally diminishes over 2-3 years (Wallerstein and Kelly, 1996).
The solution that divorce offers is the extinguishment of the marriage tie once irreparable
conflict or marital differences and such other grounds which may arise after the contracting of
marriage. Divorce is simply a means to shy or run away from the problem rather than actually
resolving it.
Divorce causes spouses to easily give up on marriage which the State tries to protect.
Divorce is “not the answer to marital woes, as even the opportunity to separate from an
intolerable spouse and subsequently remarrying will not assure a new marriage that will
Amato, P. (2000). The Consequences of Divorce for Adults and Children. Journal of Marriage and
Family 62.
Amato, P.R. & Sobolewski, J.M. (2001). The Effects of Divorce and Marital Discord on Adult
Bieliauskas, V.J. & Daum, J.M. (1993). Fathers' Absence and Moral Development of Male
Delinquents.
Commission on Human Rights (CHR), Position Paper on the Legalization of Divorce (2001), online:
Conger, R.D., Elder Jr., G.H., Lorenz, F. O. & Wickrama, K.A.S. (2006). The Short-Term and
Dizon, D. (2013, January 8). Divorce Unconstitutional says anti-RH lawyer. Retrieved from ABS
anti-rh-lawyer
Jimenez v. Cañizares. G.R. No. L-12790, [August 31, 1960]. 109 PHIL 273-277.
Juco, J. M. (1966). Fault, Consent and Breakdown—The Sociology of Divorce Legislation in the
Juco, J. M. (1966). Fault, Consent and Breakdown—The Sociology of Divorce Legislation in the
Judith S. Wallerstein and Joan Berlin Kelly, Surviving the Breakup: How Children and Parents Cope
With Divorce (1980; repr., New York, NY: Basic Books, 1996), 224-225. Citations are from
Lichauco, S. (2014, October 6). The fight to make divorce legal in the Philippines. Retrieved from
CNN: https://edition.cnn.com/2014/10/06/world/asia/philippines-legal-divorce-
battle/index.html.
Paras, E. L. (1995). Family Code of the Philippines: annotated. Manila: Rex Book Store.
R.A. No. 9262 (2014). Anti-Violence Against Women and Their Children Act of 2014.
Records of the 1986 Constitutional Commission. Journal No. 091. September 25, 1986.
Wallerstein, J. (1991). The Long-Term Effects of Divorce on Children. Journal of the American