Anti Divorce Main Arguments

1.) Non necessity A. Existing remedies under the Family Code are sufficient.
(Zaragosa) (Cumigad)

Annulment/Declaration of Nullity – declares the marriage void, hence,

they can remarry if they so desire;

Legal Separation – may be filed on grounds of physical violence, sexual

infidelity, abandonment, etc. but does not nullify the marriage

VAWC Law – protects women and children against violence

(De Leon, Dela Pena)

a. Statistics shows that domestic abuse is still prevalent in

countries where Divorce is legal (De Leon # 2 )

Notes:

If the person does not intend to remarry, is there any other reason why
he or she would want to avail of divorce rather than just legal
separation? Admittedly, if there is no intention to remarry, and the party is
simply concerned with the dissolution of marital rights (i.e. parental
rights, property rights, right to support etc.), and the release from marital
obligations (i.e. duty to live together, maintenance of household etc.), the
aggrieved party may readily avail of annulment, or legal separation, as
the case may be.

B. It threatens the preservation of family

Is capacity to remarry so important as to be valued more than the duty to

preserve the sanctity of marriage, and consequently, the family?

Family as an inviolable social

Note:
In relation to Article II, Section 12
FC, Article 1

C. Downward trend for legally contracted marriage

(I don’t know if we can still focus on this)

De Leon #1, #5
 I’m still looking for stats; I think I was able to watch on a certain
docu na most of those who file for annulment in PH are millennials
verifying though

A. Adverse effects on children and parties involved

(Orcullo) (Cumigad) (Fabros) (Tio) (De Leon #3, #4, #5)

B. Certain Rights may be impaired

(Additional arguments)

When divorce is allowed in our jurisdiction, married persons acquire the

capacity to remarry. If they so enter into a subsequent marriage, and
produce new heirs, the rights of existing legitimate heirs are impaired.
This is so because the legitime of the compulsory heirs are reduced
depending on the number of additional children

2. Non Beneficiality
A. Divorce will not be a practical alternative for severing failed
marital unions
(De Leon #6)
Orcullo

B. It will be more practical to improve the existing remedies

(Fabros) (Tio par 5)

Note:
We may consider pre and post counseling as possible improvements
3.) Impracticability and amending the grounds of legal Separation
---we can do counter proposal if it is still possible and if we concede on
the idea that present remedies have defects and still needs to be
improved . Otherwise, we say that we stick to statusquo.