Friday, June 10, 2011

Divorce Bill- In or Out?



The Philippines, is the only country in the world that bans divorce. There is an existing law that really do not provide for absolute divorce, but it was available in certain periods in Philippine history.

According to my research, from AttyAtWork.com, Divorce was allowed under the Divorce Law of 1917 (Act No. 2710) and during the Japanese occupation, pursuant to Executive Order No. 141 (1943). As the law stands today, a marriage between two Filipinos cannot be dissolved even by a divorce obtained abroad. In mixed marriages involving a Filipino and a foreigner (or former Filipinos), Article 26 of the Family Code allows the former to contract a subsequent marriage in case the divorce is validly obtained abroad by the alien spouse qualifying him or her to remarry.

It is not really accurate to say that there is absolutely no divorce in the Philippines. Under Presidential Decree No. 1083, also known as the “Code of Muslim Personal Laws of the Philippines,” divorce is allowed in certain instances, but this law applies only when both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law in any part of the Philippines. For the rest of Filipinos, therefore, divorce is not available.

Nowadays, we will notice that there are lots of family conflicts which are not curable and mostly couples and filing annulment wherein it is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.

Since these cases are in today, there was a proposed law which is the Divorce Bill, which was authored by Gabriela Party List Rep. Luzviminda Ilagan, this legalizes divorce as a course for individuals who wants to be out of their marriages.

Tomorrow we’ll be celebrating the Independence Day, June 12, and ABS-CBN will set the stage for a divorce bill.

This will be facilitated by Korina Sanchez, one of the best anchors of ABS-CBN. This will be called “the Harapan: Divorce Bill, Ipasa o Ibasura”. This aims to educate and inform the public on yet another issue that has significance and relevance to every Filipino.
Now since this law is being proposed, is it really appropriate for us to pass this bill or we should stick to what is already implemented.
We should have an intelligent thinking and be open minded for us to decide whether we need to pass this bill or not.

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