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Position Paper - Divorce

Divorce is currently illegal in the Philippines except for annulment which is expensive and difficult to obtain. The author argues that legalizing divorce would protect families by giving people in abusive marriages a way to legally separate. It would not destroy families but allow people to preserve their life and future when a family stops being a safe and loving environment. Currently, many women cannot escape abusive situations due to the lack of a divorce law. Divorce should be an option available to those who need it as a way to protect themselves and their children from household violence.

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Lady Margarette Bitavarra
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456 views

Position Paper - Divorce

Divorce is currently illegal in the Philippines except for annulment which is expensive and difficult to obtain. The author argues that legalizing divorce would protect families by giving people in abusive marriages a way to legally separate. It would not destroy families but allow people to preserve their life and future when a family stops being a safe and loving environment. Currently, many women cannot escape abusive situations due to the lack of a divorce law. Divorce should be an option available to those who need it as a way to protect themselves and their children from household violence.

Uploaded by

Lady Margarette Bitavarra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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A Position Paper

In Favor of Divorce in the Philippines


by Lady Margarette G. Bitavarra
August 22, 2022

Divorce in its legal sense is the lawful termination of marital


relationship, often known as "dissolution of marriage" (Reuters, 2021). The
Philippines, even by the standards of former Spanish colonies, has an
extremely conservative social laws and constructs — that being said, it is the
only country, aside from The Vatican to outlaw divorce. In 2021, the
Philippine government announced that a bill proposing the legalization of
divorce in the Philippines had been approved by the Committee on Population
and Family Relations of the House of Representatives.

To heed the countless voices of men and women pleading for the passage
of this bill, the cry for progress through change,
and most importantly, to maintain the state's commitment to "defend and
strengthen the family as a basic autonomous institution," (Article 2, Section
12). I adhere to and support the legalization of divorce in our nation.

Divorce is a pro-family choice. A family is an institution that serves


as a foundation for everyone, it cannot be bonded just by contracts and
preserve only for sake of staying in marriage, it should be a safe, respected,
and loving space. Once a family stop being this way for everyone inside it, it
is the time to give its member a choice to cut the connections, to preserve
something more than the marriage: life and future.

Household abuse fosters generational trauma. Based on the preliminary


findings of the 2017 National Demographic and Health Survey (NDHS), one in
four (26%) ever-married women aged 15-49 has ever experienced physical,
sexual, or emotional violence by their husband or partner. Out of this, only a
small percentage can legally separate and protect themselves from their
abusive partners. Take into consideration the statistics of children
witnessing and being abused within the family. Household abuse subject every
member of it to a massive trauma which becomes an inescapable routine, a
lifestyle, because of the lack of options to legally separate themselves.

Annulment is only for the rich, it does not untie the bonds made. The
average annulment costs roughly PHP 250,000, which is not much less than a
family's annual average income in the country. Although annulment costs tens
and even hundreds of thousands, there is still no assurance that the courts
will support the separation. In a position paper presented to the House of
Representatives by Atty Clara Rita Padilla, it was discovered that claims for
nullity of marriage are unaffordable and out of the reach of poor women.
Domestic violence continues to be perpetuated because women in abusive
relationships find it difficult to finally leave their husbands due to the
lack of specific divorce legislation.

Divorce is an option, a choice, it is not imposed nor an easy out. It


does not destroy a family but protects one. Nobody is pushing anyone to have a
divorce if they do not need one; divorce is just for those who need it. But
the law must give individuals who seek and desperately need a divorce this
option, it should be their right.
References:

https://www.tatlerasia.com/power-purpose/ideas-education/philippines-stand-on-
marriage-and-divorce

https://newsinfo.inquirer.net/1625300/padilla-says-proposed-divorce-bill-to-
protect-families-wala-tayong-sinisirang-pamilya

https://www.hg.org/legal-articles/acknowledgment-of-divorce-in-the-
philippines-20090

https://www.academia.edu/8433702/
University_of_the_Philippines_Diliman_Prof_Jose_Bagulaya_Position_Paper_on_the
_Divorce_Law

https://newsinfo.inquirer.net/1625300/padilla-says-proposed-divorce-bill-to-
protect-families-wala-tayong-sinisirang-pamilya

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