Tuesday, July 30, 2013

assessment of divorce in the Philippines



ASSESSMENT

A.WELFARE OF THE PARTY INVOLVE

The couples that are deciding to be separated and break their marriages vows are not just the party comprising this dilemma of divorce. We should not exclude the children that will be greatly affected by this uncertain decision of married couples to end their relationship. The couples should take into consideration the effect it could inflect not just to themselves but to their children, their family and to their community as well.

Living in a country which majority of its population are Roman Catholics and bounded by the rules and religiously following the teaching of the church then divorce will never be applicable to our community. The insights or the discernment of the community which is highly conservative about this kind of issues will post great effect to the family involve and to what will be their decision.

The children of these couples should at top most to be taken into consideration if divorce will be legalized. Research shows that children from a divorced family are emotionally and psychologically affected as they became socially withdrawn and isolative of themselves to others. They also become envious to others who have complete family and result themselves to addiction of different vices. High possibility of teenage pregnancy and early marriage that will eventually will also suffer and result to a divorce.

B. RESPONSIBILITY OF THE GOVERNMENT

The Philippine Government has its duty to protect the interest of its people. They have an obligation to provide each citizen in the Republic a decent and a secure life but not just in the aspect and welfare of individuals but also in the affair of having a family. Our constitution strongly adheres that “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.” (Article 2, Section 12 of the Philippine Constitution). This statement simply means that having a family plays an important part and a distinctive role in the progress and in the foundation of having a stable and a capable state.

Allowing divorce to be ratified and pass as a bill will become unconstitutional as it will break the definition of marriage by the E.O No. 209 stating that “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.”
It is a fact that there are marriages that really can’t be worked out anymore but our country have laws concerning separation which we don’t need divorce anymore. Our law provides several options like: The Family Code of the Philippines (E.O No. 209 as amended by E.O. No. 222) allows non-Muslim Filipinos three ways to change marriage status: (1) legal separation; (2) declaration of nullity, and (3) annulment. Options that are morally acceptable and will never break the ratified laws in our constitution.

C.RESPONSIBILITY OF THE CHURCH

The main defender of our morality and the main institution that instil values to us is the church. The church will never mislead its believers and its followers on their stand against divorce. The church has a firm stand in marriage that couples should dwell in the teaching of the church as they become as one being bonded by the Holy Sacraments and stays with each other in fidelity until their death.
It is stated in the bible Matthew 19:6 What therefore God has joined together, let no man separate." It is a strong statement and a firm stand against divorce. Another statement is the matrimony vow "For better, for worse; for richer or for poorer; in sickness and in health; to love and to cherish 'til death do us part."  Breaking a vow or destroying what you promised is not being responsible it is simply an act of a man with no dignity. If we live centuries following this teaching and principles then there is no need for change, if the change being brought out instead of helping will deteriorate ourselves to become immoral citizens and to commit more mistakes then let us stick to our tradition which is our faith.

D. PARTY-LIST GABRIELA STAND ON THE ISSUE

The Gabriela Party is the one who advocates on defending the welfare of the women in our country and Filipinas abroad. They are the one who secures and file bills to protect the interest and dignity of all Filipinas and they are also the one pushing the divorce bill or the House Bill 1799. Passing this bill will not surely protect the welfare of each Filipina in reason that the sanctity of marriage is disregarded. A man could divorce them anytime without even conferring it with them. There will be no security of a lasting relationship and infidelity among partners will be rampant as they search for higher expectations to their partner then divorce will be just a mere tool to seek and destroy the sacredness of marriage.

E. MUSLIMS AND OTHER MINORITIES IN EXEMPTION

The Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083, 1977) allows divorce, where both spouses are Muslims or even if only the male is Muslim but the marriage was solemnized under the Muslim Law. Our Constitution respects this kind of customs and makes an especial provision for these laws. We can’t put it in an argument that “if they can why we can’t have divorce” it is in different perspective as to its facts bounded to their roots of deepest faith and tradition.




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