Fight for divorce law in Philippines continues

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Fight for divorce law in Philippines continues
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THE fight for the enactment of a law allowing divorce in the Philippines continues as three senators, including two newbies, filed their respective bills pertaining to the matter.

* Fraudulent consent, including non-disclosure of either party of a material fact before marriage, such as pregnancy by another man or a sexually transmitted disease* Physical inability to consummate the marriage The agency said over 50 percent of the petitioners were women, and among the reasons for seeking the nullity of their marriage with their spouses are abuses.

“Saan, halimbawa, kukuha ng pambayad sa lawyer’s acceptance and appearance fees, court filing fees, professional fees ng mga eksperto gaya ng psychologist at iba pa, ang isang minimum wage earner o wala pa gaya ng security guard, factory worker, kasambahay, at simpleng empleyado? Sweldo pa lang nila kapos na para sa pang-araw-araw na pamumuhay,” said Tulfo.

This may need a psychological examination by a licensed psychologist that may also include the witnesses, which may be presented by the petitioner.“Yan kasi ang lalong nagpapamahal at nagpapatagal sa proseso ng paghihiwalay nang matiwasay -- yung kailangan pang patunayan sa korte na ang isang partido ay may ‘psychological incapacity.’ Maraming kaso na kailangan pang magsiraan ang dating nagmahalan, gumawa ng kwentong-kutsero, at umupa ng psychologist para lamang mapanindigan ang kaso,” he said.

The other factors that affect the speed of reaching the finality of an annulment case include retirements or promotion of judges, difficulties in scheduling the hearing considering the availability of the witnesses, opposition by the other party and issues such as custody, support or property and court inventory.

* When the spouses are separated in fact for at least two consecutive years at the time of the filing of the petition for divorce;

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