Part Four
NONE other than the highest law of the land—the 1987 Constitution—recognizes the Filipino family as the foundation of the State.
It also mandates the government to protect marriage as an inviolable social institution.
However, while some of the country’s lawmakers believe that most marriages are supposed to be solemnized in heaven, there are also solons who accept the reality that there are many marriages that plummet into hell—in irremediable breakdown, spousal abuse, marital infidelity and psychological incapacity, among others, which bedevil marriages.
In the 17th Congress, there are bills easing the annulment or separation process, as well as introducing absolute divorce in the country.
But all these measures are still under debate at the committee level in the lower chamber. In House Bill 1062, Rep. Robert Ace S. Barbers of the Second District of Surigao del Norte said a marriage may also be annulled if the parties have been separated for at least five years.
Barbers said his proposal seeks to acknowledge a factual and existing marital condition that plague not a few unions.
“Without dwelling on the deeper reasons behind the separation, this bill offers a remedy without opening Pandora’s box or a can of worms that are usually precedent during annulment proceedings,” he said.
Adjustments
ACCORDING to Barbers, five years of actual separation would make the couples estranged enough that a reconciliation is nil.
“Besides, five years should have made the parties adjust and move on with their individual lives without further straining the relationship. This, they should be granted the best relief that they can have, annulment. This way, they can go on separate ways peacefully, as no other reason is needed to justify the annulment this avoid opening old wounds,” he added. HB 1062 seeks to amend Title 1 Chapter 3 of the Executive
Order 209, or the Family Code of the Philippines.
Also, Rep. Gwendolyn Garcia of Cebu and Rep. Yedda Marie Romualdez in their HB 1629 and HB 3705, respectively, both seeking to legalize church annulment or dissolution of certain marriages.
In her proposal, Garcia said, although marriage is an institution that the State is interested in, it is also a religious act.
In fact, she said for the predominant Catholic of the country, it is a sacrament, and marriage is not considered valid insofar as Catholics are concerned, unless celebrated in accordance with the solemnities of the church.
“Marriage, therefore, is an element in the exercise of religious freedom. So logically if the marriage insofar as the contracting parties are concerned, is validated by the laws of the Church, then it necessarily follows that by the same laws, such marriage can also be
invalidated or annulled,” she said.
Solemnity
GARCIA added that the law recognizes as valid a marriage solemnized in accordance with the laws of the Church, saying the State respects the laws of the church.
“To give full force and effect to this principle of State recognizing the law of the church, it is but proper, if not logical, that the state must also respect the annulment of a marriage that results from application of church laws. This holds true to all other established churches or religions,” he added.
Under the Garcia’s bill, whenever a marriage, duly and legally solemnized by a priest, minister, imam, rabbi, or presiding elder or an established church or religion in the Philippines, is subsequently annulled or dissolved in a final judgement or decree by said church or religion, in accordance with the canons or precepts of the latter, the said annulment or dissolution shall be recognized and given full force and effect in the Philippines.
It also added the final judgment or decree of annulment or dissolution shall be recorded in the appropriate civil registry within 30 days from issuance of said final judgment or decree of annulment or dissolution
In HB 3705, Romualdez, meanwhile, said in the Philippines marriage is viewed as a sacrament and can be validly contracted only under the approved rites of the Church. “On the other hand, persons married under the laws of the Church, must likewise be recognized as married under the laws of the State,” she said.
“A marriage solemnized by the Church, therefore, should have not only canonical but civil effects, as well. Priest, pastors, imams and rabbis who solemnize granted by the State. Therefore, if marriage can be legitimately contracted under the laws of the Church, then it follows that under the same laws, such marriage can also be nullified or annulled,” Romualdez added.
Streamlining
RECENTLY, Romualdez said significant reforms in the canonical procedure in marriage nullity cases have been introduced in the Catholic Church by Pope Francis in the document Mitis ludex Dominus lesus (The Lord Jesus, Clement Judge).
According to Romualdez, the Apostolic letter Motu propio streamlined many of the steps involved in the nullity process, such as the elimination of an automatic second review by an appellate tribunal; concession to the diocesan bishops in granting the annulment themselves in certain circumstances, such as spousal abuse of when extramarital affairs has occurred and ensuring that the process should be free, except a minimal administrative cost.
“Same procedures are also available in other religious denominations subject to their own rules and traditions,” she added.
Vatican documents said the Apostolic letter Motu propio seeks to start a reform in the Church’s procedures for determining the nullity of marriage cases.
“The Family Code of the Philippines recognizes as valid marriage solemnized under the laws of the Church. If marriages so solemnized are recognized by the State, it is only proper that the very Church that solemnized the marriage should also have the power to rule that attendant infirmity that rendered a marriage null and its effects binding on the State. This is also same to all other established churches and religions,” Romualdez said.
Under Romualdez’s bill, whenever a marriage, duly and legally solemnized by a priest, minister, imam, rabbi or presiding elder of an established church or religion in the Philippines is subsequently annulled or dissolved in a final judgment or decree by the said church or religion, in accordance with the canons and precepts of the latter, the said declaration of nullity, annulment or dissolution shall be recognized and given full force and effect in the Philippines.
Absolute divorce
THE principal author of the reproductive-health law, Rep. Edcel Lagman of Albay said the 17th Congress is the right time for the enactment of a law on absolute divorce, as the Philippines is the only country in the world which has no law on absolute divorce.
“It is because of the existence of failed marriages beyond redemption that all countries in the world, except the Philippines, have legislated the grant of divorce in varying liberality and stringency. In fact, it is said that the advent of divorce is contemporaneous with the institution of marriage,” Lagman added.
Presently, Lagman said the grounds for legal separation and annulment of marriage provided for in the Family Code of the Philippines have been adopted as among the grounds for absolute divorce.
The law said the existing grounds for legal separation are marital abuse, sexual infidelity, attempt against the life of the other, abandonment, de facto separation, conviction for a crime when the sentence is more than six years, contracting a subsequent bigamous marriage, drug addiction or habitual alcoholism and lesbianism or homosexuality.
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