Happily never after report

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A study on the possible legalization of Divorce in the Philippines

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Happily never after report

  1. 1. HAPPILY NEVER AFTER: A study on the possible legalization of Divorce in the Philippines De Leon, Arjuna D. Foja, Xeus D. Esquibel, Edan Marie B. Galgo, Ma. Lee Ereno, Justine
  2. 2. HAPPILY NEVER AFTER  Marriage and ‘Divorce’  By Arjuna D. De Leon  Legal Separation, Divorce, and Annulment   Why the Hiatus? : Status on Divorce Legislation   By: Xeus D. Foja By Edan Marie B. Esquibel Deal or no deal? The opposing views on the Divorce Bill  By Ma. Lee Galgo  Third World Separation: Manifestations of divorce in developing countries and the Philippines as a prospective case  By Justine Ereno
  3. 3. Marriage and ‘Divorce’
  4. 4. MARRIAGE  “socially recognized and approved union between individuals, who commit to one another with the expectation of a stable and lasting intimate relationship (Skolnick, 2005).”
  5. 5. DIVORCE  “legislatively created, judicially-administered process that legally terminates a marriage no longer considered viable by one or both of the spouses and that permits both to remarry (Levy, 2005).”
  6. 6. Blame the British  Divorce, as a legal concept, rooted from the history of Britain starting in 1857 as they abolished the ecclesiastical courts and rejected the Roman Catholic origins of English domestic-relations law (Levy, 2005).
  7. 7. I want a Divorce…? - Patriarchal Society - Divorce = No Stress
  8. 8. CBCP for Life  “ensure that absolute divorce remains unacceptable in the Philippine legal system, and maintains that legal separation can be availed of by spouses in troubled marriage, as provided under the Family Code, so they live independently of each other but without the right to remarry other persons.” - Anti-Divorce Bill
  9. 9. Legal Separation, Divorce, and Annulment Differentiating Annulment from Legal Separation and Divorce
  10. 10. Grounds for Annulment  Minority  Lack of authority of solemnizing officer  Absence of marriage license  Mistake in identity  Incestous marriages  Void by reason of public policy  Psychological incapacity
  11. 11. Grounds for Legal Separation  Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child,, or a child of the petitioner;  Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;  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;
  12. 12.  Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;  Drug addiction or habitual alcoholism of the respondent  Lesbianism or homosexuality of the respondent;  Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;
  13. 13.  Sexual infidelity or perversion of the respondent  Attempt on the life of the petitioner by the respondent  Abandonment of petitioner by respondent without justifiable cause for more than one year
  14. 14. Grounds for Divorce (GWP Version)  Includes the grounds for legal separation  Added are:  Separation between the spouses for at least five years or are legally separated for at least two years and their reconciliation is highly improbable;  When any grounds recognized by the law for legal separation has caused the irreparable breakdown of the marriage.
  15. 15. Pros  ANNULMENT  Restores single status of the spouses  Allows spouses to re-marry  Children are legitimate  Dissolution and liquidation of conjugal property  Removal of right to inherit properties to the offender
  16. 16.  LEGAL SEPARATION  Dissolves conjugal partnership  Gives spouses to live separately  Gives custody of the child to the innocent spouse  Removal of rights to inherit properties to the offender
  17. 17.  DIVORCE  Has same effect with legal separation except that the marriage has been terminated.  Solves the problem of irreconcilable differences among couples
  18. 18. CONS  ANNULMENT  Costly  Time consuming  Does not cover physical and emotional violence  Does not terminate marriage
  19. 19.  LEGAL SEPARATION  Does not terminate marriage  Does not allow spouses to re-marry  Time consuming
  20. 20. Why the Hiatus? : Status on Divorce Legislation  Legislation is the process or act of making law or a set of laws by the legislative body or governing body in a country.  Philippines has the Senate and the House of Representatives. Through this process, all bills are proposed, ratified and even denied.  One of the most controversial bills to be passed in the HOR, together with RH bill (passed) and Gay or Same Sex Marriage and FOI bill.
  21. 21. Why the Hiatus? : Status on Divorce Legislation  “Divorce” has been present in the Philippines long before the arrival of the colonist (Spanish, American and Japanese)  After the enactment of Civil Code of the Philippines on June 18, 1949, absolute divorce was prohibited.  Legal separation became the means of separation between married couples.  Adultery (wife at fault)  Concubinage (husband at fault)  Attempt against the life of the spouse
  22. 22. Why the Hiatus? : Status on Divorce Legislation  Instances where “Divorces” is ‘allowed’  Revised Family Code Marriage between Filipino citizen and a foreigner Divorce can be done abroad by the alien spouse  Code of Muslim and Personal Laws (February 4, 1977) under the Presidential Decree 1083 Allowed divorce or talag but only for MUSLIM unions between Muslim parties, or when the male party is a Muslim and the marriage is honored according to Muslim law and culture
  23. 23. Why the Hiatus? : Status on Divorce Legislation  Attempts on/against Divorce Bill  1999-Rep. Manuel C. Ortega’s House Bill No. 6993  2001- Sen. Rodolfo G. Biazon’s Bill No. 782 - Hon. Bellaflor J. Angara- Castillo’s Bill No. 878  2005- Rep. Lisa Masa- “the annulment process has been expensive for most Filipinos and has not been responsive to the needs of women, particularly the suffering from marital abuse”  2013- Marikina Rep. Marcelino Teodoro’s “Anti-Divorce and Unlawful Dissolution of Marriage Act”
  24. 24. Deal or no deal? The opposing views on the Divorce Bill  In the Philippines…  There are instances where ‘divorce’ is legal  80% Catholic  Philippine culture is largely founded on it familial relations
  25. 25. Deal or no deal? The opposing views on the Divorce Bill CHURCH VS. WOMEN’S RIGHTS ACTIVISTS
  26. 26. Deal or no deal? The opposing views on the Divorce Bill  Church  Why Divorce, when there’s annulment? (Family Code)  Divorce can destroy the very cultural structure of the Philippines  Sabi ni GOD :P
  27. 27. Deal or no deal? The opposing views on the Divorce Bill  Women’s Rights  Psychological, Physical and emotional harm  Freedom of marriage and family
  28. 28. Third World Separation: Manifestations of divorce in developing countries and the Philippines as a prospective case - Poverty - Crimes and Violence - Health and Education

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