(Our Constructive speech on the proposition “Resolved that absolute divorce be legalized in the Philippines” during the First Inter-University of the Philippines Critical Thinking Festival 2002 in UPLB)
The question of whether or not divorce should be legalized in the Philippines will always be debatable in our soil. In all their efforts, both the Congress and the Senate tried to have bills on this form of dissolution of marriage, had it passed and voted upon, but it proved only that more efforts were exerted by the Catholic Church to have it voided. And admit it or not, many Filipinos look at divorce in an unfavorable point of view.
Morally, we say that absolute divorce is IMPRACTICABLE because it breaks the holy rule being referred to in the Book of Matthew 19:6, “So they are no longer two but one in flesh. What God has joined, man must not separate.”
We also rationalize that absolute divorce is already UNNECESSARY in the Philippines since we already have annulment taking effect. Likewise we justify that divorce is unconstitutional in reference to Article XV Section 2 of the Philippine Constitution of 1987, “Marriage, as an inviolable social institution is the foundation of the family and shall be protected by the state.” Hence, why then should the state, as ‘protector of marriage’, execute a law that would dissolve this ‘inviolable social institution’?
And thirdly we say that absolute divorce is UNBENEFICIAL because it entails psychological and moral damage and emotional disturbance to the children needing to grow up in, if not parentless, incomplete or better yet broken family.
With the analysis of all these premises considering the materials in reference to the disadvantage of divorce, we then arrive at the stand that ABSOLUTE DIVORCE IS STILL PRACTICABLE, NECESSARY AND BENEFICIAL hence we say that absolute divorce should be legalized.
Here are our counter premises to complete the synthesis.
First, on the moral and divine issue regarding the impracticability of divorce, the Philippines, being the only Christian nation in Asia, need also to look into the Book of Matthew 19:9, “I tell you that whoever divorces his wife, EXCEPT FOR UNFAITHFULNESS, and marries commits adultery.” Should you notice the emphasis on unfaithfulness being the only exception to divorce your spouse it would then be ecclesiastically allowable to dissolve marriage only if it is due to infidelity which, mind you, is the only ground to grant absolute divorce.
Second counter argument is on divorce’s necessity due to the current implementation of annulment. Let us define annulment and divorce in legal civilly. Annulment is the dissolution of marriage by declaring it null and void because a flaw happened before the celebration of marriage (wedding) that is unknown to one of the couple. An instance would be homosexuality discovered after the wedding, thus the term null. On the other hand, absolute divorce is the legal dissolution of marriage due to a flaw taking place AFTER the celebration of marriage (wedding) yet limited only on one ground – INFIDELITY. Since the blemish of annulment and divorce happens on different sides of matrimony, one before and the other after, then would it not be philosophically and morally correct that man is never perfect and commits mistakes regardless if outside or within the vows of marriage?
Now constitutionally speaking, according to the book, The Constitution of the Republic of the Philippines Explained by Jose L. Nolledo page 200, “…Section 2 mandates that marriage shall be protected by the state, but this does not mean that no absolute divorce may be granted by Philippine statue. The protection here means its preservation whenever possible, thus our law leans towards the validity of marriage and its indissolubility but even the Civil Code allows legal separation and annulment of marriage.”
Finally on the issue of the benefits regarding the children being affected negatively, Ladies and Gentlemen, we must understand the fact that there can be ex-husbands and ex-wives but there can never be ex-parents. The foundation of the child’s growth lies not solely on the strength of the marriage. Deliberately, this is no longer an issue of good husbands and wives but an issue on responsible parenthood. Nevertheless, our constitution, as well as our laws, has already aligned appropriate regulations to vanguard the children’s welfare. You may therefore refer to Article XV, Section 3 No. 2 of the Philippine Constitution.
We’d like to end this debate with a challenging quote. According to Mary Pickford, “If you have made mistakes, even serious ones, there is always another chance for you. What we call failure is not the falling down but the staying down”.
Ladies and Gentlemen, with all of the premises, thesis and anti-thesis presented, we stand firm that absolute divorce is practicable, necessary and beneficial; therefore, absolute divorce should be legalized in the Philippines.
