Legalization of Divorce in the Philippines
Every country
and nation in the world has divorce laws, except the Vatican City, which is an ecclesiastical sovereign city-state, and
the Philippines. While the
Philippines has currently what we call a relative divorce, or legal separation,
the country does not have the liberal divorce laws that the other countries
enjoy.
Many argue that the
Philippines does not need a divorce law because the Family Code of the
Philippines already provides for the termination of marriages through
“annulment”. Moreover, the Family Code also provides for the remedy of
declaration of absolute nullity of marriage and legal separation. It is my
contention that this argument is misleading. In the case of annulment, this
remedy is based on specified grounds that occurred at the time of the
celebration of the marriage, such as lack of parental consent and vitiated
consent (as when a person married another at gunpoint). The remedy of annulment
expires, and the defect may actually be cured by ratification through free and
voluntary cohabitation. Moreover, when it comes to the degree of legal
separation, said decree does not end the marital bond between the spouses and
the legally-separated couples are now allowed to remarry.
A divorce law
will provide a remedy that the current provisions on the Family Code do not.
Divorce does not concern itself with validity or invalidity of a marriage. It terminates a marriage based on a ground
that occurred during the marriage, which makes the marital relationship no
longer tenable, regardless of the spouse’s psychological constitution. A
divorce law will provide a straightforward remedy to a marital failure. It will
benefit Filipinos wherever they are.
Divorce protects
and strengthens the family; it is legal, constitutional, and in compliance with
the international human rights obligations of the Philippines; it answers the
issues on and inadequacies of the existing legal framework on nullity,
annulment, and legal separation; it is one of the solutions to decrease, if not
end, spousal violence; and its absence is discriminatory on the grounds of
social class, religion, and nationality.
You create sense out of the foremost complex topics.Michael White
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