Divorce (Pro)

Topic: Legalizing Divorce in the Philippines (Pro)
Delegates: Jan Mikko Dulcero and Claire Tumapang
Introduction
“When two people decide to get a divorce, it isn’t a sign that they ‘don’t understand’
one another, but a sign that they have, at least, begun to.” –Helen Rowland, a journalist for
the New York World Newspaper. Divorce is often connoted as a word with a horrible
meaning that is why the legal system in our country does not allow it; however, we are here
in front of you to tell you otherwise and to convince you of the fact that divorce is
desperately needed here in our country. There are two types of divorce which are the fault
and no-fault divorce however in this context we would like to ascertain that we are
promoting only fault type of divorce which require grounds that would allow a person to file
an action.
Key Points:
1. Divorce is a remedy “for couples who want to put an end to their

dysfunctional/problematic marriage”1 provided that they qualify for the grounds for
divorce to be presented which are also the grounds for legal separation under Title II
of the Family Code of the Philippines.
 Grounds for legal separation as stated in the Family Code of the Philippines2
and Reiterated in House Bill No. 7303:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one
year.
 The grounds as stated in House Bill No. 7303 also includes more common
grounds like3:
1
Philippine Commission on Women. “Adopting Divorce in the Family Code”. pcw.gov.ph.
https://www.pcw.gov.ph/wpla/adopting-divorce-family-code
2
Family Code of the Philippines (1987), art. 55
3
House Bill No. 7303, “Absolute Divorce Act of 2018”, sec. 5
(11) Psychological Incapacity of either spouse.
(12) When one spouse undergoes gender reassignment surgery or transition from one sex
to another.
(13) Irreconcilable marital differences and conflicts which have resulted in the total
breakdown of marriage beyond repair despite earnest and repeated efforts at
reconcilliation.
2. Unlike annulment which is a costly and exhausting procedure financially, physically,
mentally and emotionally, divorce is a much simpler and cheaper process. In the
United States the cheapest cost for divorce is $50 in the state of Mississippi 4 or
around ₱2600 in the Philippines which could still be much more cheaper if legalized in
the Philippines, meanwhile filing for declaration of nullity in the Philippines cost
around ₱10,0005 or around $200 in the United States and this does not yet include
attorney’s fees and doctor’s fees for psychological evaluation as the primary ground
for annullment.
3. Divorce has a much shorter process than annulment. According to statistics in the
United States, the average time it took to complete a divorce- from filing the petition
to getting their settlement or the final court judgment-was about 11 months 6. On the
other hand, the processing time depends on the place where you will file the case.
For instance in Quezon City, it will take 3 to 5 years to conclude a nullity of marriage
case. While in Makati, Caloocan, Pasay, and, Pasig, it will take around 2 years.7
4. A lot of Filipinos actually want divorce to be legalized in the Philippines. In February

2016 the Seventeenth Congress, Second Regular Session submitted House Bill No.
7303 or otherwise known as “Absolute Divorce Act of 2018” with the following
objectives.8
 To provide oppurtunity to spouses in irremediably failed marriages to secure

an absolute divorce decree under limited grounds and well-defined judicial
procedures.
 To protect the children from the pain and stress resulting from their parent’s
marital problems.
 To grant the divorced spouses the right to marry again.
Following this presentation of the Bill, Social Weather Stations conducted a survey
entitled Agree – Disagree: “Married couples who have already separated and cannot
reconcile anymore should be allowed to divorce so that they can get legally married
4
Divorce Writer. “US Divorce Filing Fees”. Divorcewriter.com. https://www.divorcewriter.com/divorce-filing-
fees
5
iMoney. “How Much Do Annulments Cost in the Philippines”. Imoey.ph.
https://www.imoney.ph/articles/annulments-cost-philippines/
6
Michon Kathleen. “How Much Will My Divorce Cost and How Long Will it take?”. Nolo.com.
http://nolo.com/legal-encyclopedia/ctp/cost-of-divorce.html
7
iMoney
88
House Bill No. 7303, Objectives
again”9. The survey resulted to an An average 53% of adult Filipinos nationwide
support the legalization of divorce for irreconcilably separated couples, based on the
Social Weather Surveys of March 25-28, 2017 and December 8-16, 2017.10
5. The Supreme Court has already recognized a divorce of a Filipino citizen to a foreigner
filed abroad11. Manalo who was married to a Japanese national filed a petition to the
Regional Trial Court in Dagupan City that her divorce be recognized here in the
Philippines and that she would be able to marry again if she wishes so, unfortunately
the RTC denied the petition. The petition was then brought to the Court of Appeals in
which the RTC’s decision was reversed and that her divorce be recognized in the
Philippines. The petition was then brought to the Supreme Court for review on
certiorari, in which the Supreme Court affirmed the ruling of the CA and has
therefored recognized the divorce of Manalo.12
Conclusion
Therefore because divorce is a remedy for a dysfunctional/problematic marriage,
much cheaper than annullment, takes much lesser time to process than annullment
and the fact that Filipinos already agree to legalize divorce and that the Supreme
Court had recognized a divorce of a Filipino citizen filed in a foreign country, we can
truly say that the Philippines should already legalize Divorce. This is no longer a
question of the sanctity of marriage it is not even a question of is it Constitutional or
nor, but rather a question of the sanctity of the human dignity which have been
tarnished by irreconcilable differences and dysfuntionality. To firmly say our stand,
Divorce should be legalized in the Philippines.
9
Social Weather Stations. “Fourth Quarter 2017 Social Weather Survey: 53% of Filipino adults agree to legalize
divorce for irreconcilably separated couples”. sws.org.ph.
http://sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180309165548
10
ibid
11
REPUBLIC OF THE PHILIPPINES v MANALO, G.R. No. 221029 (2018)
12
ibid

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Topic: Legalizing Divorce in the Philippines (Pro)

Delegates: Jan Mikko Dulcero and Claire Tumapang

1. Divorce is a remedy “for couples who want to put an end to their

4. A lot of Filipinos actually want divorce to be legalized in the Philippines. In February

 To provide oppurtunity to spouses in irremediably failed marriages to secure

 To grant the divorced spouses the right to marry again.

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