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COR JESU COLLEGE

College of Law

AN ACT INSTITUTING DIVORCE IN THE PHILIPPINES,


PROVIDING FOR THE MECHANISM, QUALIFICATION, AND
EFFECTS FOR THE PURPOSE THEREOF

Proposed by:
RONALD R. CRUDA
LLB-1

PERSONS AND FAMILY RELATIONS

Atty. RIA CAGAS-FERNANDEZ


Professor
October 19, 2016

EXPLANATORY NOTE
The Philippines being the only country in the world without a
divorce law is clearly an indication that the country remains
passive and irresponsive to the realities of the present time.
Consequently, we are considered odd in the world for maintaining
our stand to deprive our citizens, particularly married couples,
effective remedies to correct and improve their deteriorating
quality of life brought by complete breakdown and disintegration
of marriage. This proposed legislation is designed to satisfy the
pressing need of our society to come up with alternative legal
remedies in terminating irreparable marriage relations and
providing second chances or redemption to deserving individuals.
It is the commitment of the State to uphold and value the
dignity of every human person as reflected in the constitution.
Thus, it shall be the interest of the state to provide liberty,
freedom, protection and legal remedies to individuals from
oppressive and unhealthy bondage of marital relations if and
when there is a complete disintegration of matrimonial life. The
state also recognizes the Filipino family as the foundation of the
nation and accordingly, it shall pave the way to strengthen its
solidarity and actively promote its total development. If the state
shall successfully further these aspirations, the country shall
enjoy the benefit of a strong foundation from families having
healthy and happy relations among its members.
The framers of our constitution did not expressly state of
generally allowing divorce neither prohibited such. It is therefore
delegated to the lawmaking body to plot the social agenda of this
country relative to the subject. Having allowed some form of
divorce in the Muslim and ethnic groups in accordance to their
religious and cultural practices and belief, it is more than justified
that divorce shall be made to all the citizens of the Philippines,
notwithstanding with their religious and/or cultural affiliations.

Indeed, conservative groups have fervently advocated


against divorce for reasons of religion, social norms and
traditions. The popular argument is that if divorce may be
allowed, theres a risk of total breakdown of the family as an
institution. To maintain the status quo means reducing social risks
for it has been the practice and the norm for generations and to
change it with a new paradigm would put the family in
unchartered territory that might adversely affect its sanctity. The
apprehension although unfounded contributes to the resistance of
adopting divorce as a viable solution to the ever growing problem
of marital relations with irreconcilable differences. On the other
hand, support on the subject of divorce has been slowly growing
in number over the years. The Filipino culture with its
conservative stance on marriage manifested signs on loosening
up based on the sharp increase in the number of petitions for
legal separation and annulment. This sheer number is indicative
and representative of the failed marriages of those belonging to
the upper class in the country and if those failed marriages in the
marginalized sectors will be considered, the gravity of this would
be very enormous.
This proposed bill is anchored on the premise that the
country is now ripe and mature enough to institute a divorce bill
given the complexities of the Filipino culture and the expected
benefit upon its implementation. The introduction of a faultbased and no-fault divorce action is believed to be more
proactive, practical and relevant to the current realities of the
Filipino family. This bill is therefore concerned on the redemption
of affected parties and ensuring the protection of the rights of all
stakeholders of the divorce action.
Furthermore, divorce might have some negative connotation
but for parties involved, it may mean a new leash on life. Divorced
people sometimes pursue enriching and confidence-building
activities they gave up during marriage and break free from the

emotional control or abuse that comes with unsuccessful


marriages. This renewed perspective in life will increase the
possibility of the development of oneself that will then greatly
contribute to the development of the nation.

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