This is my second post in this blog and i have to admit, I'm actually having fun writing. This blog has become my refuge and my haven wherein I can say or be anything I want. So here goes nothing!
I've read almost half of the proposal already. I want to start this post with the remedies that the proposal is offering. HB 1799 offers the following remedies; “legal separation, declaration of nullity of the marriage and annulment and only adds divorce as one more remedy. Couples may choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs and emotional state. While divorce under this proposed measure severs the bonds of marriage, divorce as a remedy need not be for the purpose of re-marriage; it may be resorted to by individuals to achieve peace of mind and facilitate their pursuit of full human development”. The proposal gives us the following grounds for filling for divorce. According to “Title 2 Legal Separation and Divorce” under section 2, letter B, a person may petition for divorce based on any of the following grounds:
(1) THE PETITIONER HAS BEEN SEPARATED DE FACTO FROM HIS ORHER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OFTHE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;
(2) THE PETITIONER HAS BEEN LEGALLY SEPARATED FROM HIS ORHER SPOUSE FOR AT LEAST TWO YEARS AT THE TIME OF THE FILING OFTHE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;
(3) WHEN ANY OF THE GROUNDS FOR LEGAL SEPARATION UNDERPARAGRAPH (A) OF THIS ARTICLE HAS CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE;
(4) WHEN ONE OR BOTH SPOUSES ARE PSYCHOLOGICALLY
INCAPACITATED TO COMPLY WITH THE ESSENTIAL MARITAL OBLIGATIONS;
(5) WHEN THE SPOUSES SUFFER FROM IRRECONCIABLE DIFFERENCES THAT HAVE CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE."
First off, legalizing divorce in our country is a terrible idea for a remedy because divorce only complicates things with the family. Yes, complications and conflicts are indeed inevitable in the lives of couples but I know that there are no problems that can’t be solved. Divorce shouldn’t even be an option at all for a family. We all know that the legal processes here in our country aren’t really up to speed if you guys know what I mean. I could only imagine the time it would take just to even prepare a documents like divorce papers. Under the table transactions in government offices are as widespread as the poverty in our country. The only way I know how to speed things up in government offices is to give an undocumented “tip” or more popularly known as “lagay”. By the time the paper works for a divorce papers would be finished, people would have probably forgotten that they have filed for divorce. Another reason why divorce would just make things complicated between partners is the procedures it would take for them to determine the custody of their children if they have any.
There would also be a dispute over the assets of the couple when divorce is filed. It’s normally difficult for couples to come to an agreement when it comes to separation of assets. The provisions in the bill with regards to separation of property are as follows; The absolute community or the conjugal partnership shall be dissolved and liquidated AND THE ASSETS SHALL BE EQUALLY DIVIDED BETWEEN THE SPOUSES but the offending spouse shall [have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43
(2)] PAY TO THE INNOCENT SPOUSE ACTUAL, MORAL AND EXEMPLARY DAMAGES IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL CODE ON DAMAGES;
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code;[and]
(4) THE INNOCENT SPOUSE AND THE CHILDREN SHALL BE ENTITLED TO SUPPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE;
(5) THE CHILDREN SHALL BE ENTITLED TO THEIR PRESUMPTIVE LEGITIME WHICH SHALL BE COMPUTED AS OF THE DATE OF THE FINAL JUDGMENT OF THE COURT; AND
As I’ve stated above, there is no problem that couples can’t fix. I’m pretty sure that COUPLES WILL FIND A WAY TO SORT THINGS OUT IF THEY REALLY WANT TO. No matter how deep a problem they may encounter, there will always be a common factor that holds them together. LOVE. Yes I said it. Call me a hopeless romantic if you must but this is what I think what matters most in relationships. Obstacles are presented to us to test us if we can get through them or not. Couples should be open with each other and more importantly, they must have trust.
This is just my humble opinion. Couples should have the dicretion on what to do with their relationship. They would know best after all. But as for me, this is what I believe in.
No comments:
Post a Comment