Barbers pushing for additional ground for annulment
Published Jul 24, 2019 04:04 pm
By Ellson Quismorio
With divorce still not enforceable in the Philippines, Surigao del Norte 2nd district Rep. Robert Ace Barbers is proposing that a five-year separation period between couples be made an additional ground for the annulment of marriages.
Rep. Robert Ace Barbers (Photo from Ace Barbers website / MANILA BULLETIN)
This alternative remedy for unhappy couples is embodied in Barbers's House Bill (HB) no.502, which seeks to amend Title I, Chapter 3, of Executive Order (EO) No. 209 or the "Family Code of the Philippines."
The amendment comes in the form of the new Article 45-A which provides that "a marriage may also be annulled if the parties have been separated in fact for at least five years."
In his explanatory note, Nacionalista Party (NP) member Barbers said HB No. 502 seeks to acknowledge a factual and existing marital condition for many Filipinos.
"Without dwelling on the deeper reasons behind the separation, this bill offers a remedy without opening a Pandora's box or a can of worms that are usually present during annulment proceedings," he said.
Barbers argued that five years of actual separation would make the couples estranged enough that chances of a reconciliation is nil.
Five years should have also made the parties adjust and move on with their individual lives without further straining the relationship, according to the second-term congressman from Mindanao.
"Thus, 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, and thus avoid opening old wounds," Barbers pointed out.
The Philippines, a predominantly Catholic nation, is one of the few countries in the world that does not recognize divorce. But that hasn't stopped legislators from pursuing its legalization.
In the previous 17th Congress, the House approved on third and final reading House Bill (HB) no. 7303, which sought to legalize absolute divorce in the country. However, the measure did not prosper in the Senate.
It remains to be seen how pro-divorce measures will fare this 18th Congress.
Annulment remains a remedy for unhappy couples who want a way out of their marriage, but the process can be both lengthy and costly.
Rep. Robert Ace Barbers (Photo from Ace Barbers website / MANILA BULLETIN)
This alternative remedy for unhappy couples is embodied in Barbers's House Bill (HB) no.502, which seeks to amend Title I, Chapter 3, of Executive Order (EO) No. 209 or the "Family Code of the Philippines."
The amendment comes in the form of the new Article 45-A which provides that "a marriage may also be annulled if the parties have been separated in fact for at least five years."
In his explanatory note, Nacionalista Party (NP) member Barbers said HB No. 502 seeks to acknowledge a factual and existing marital condition for many Filipinos.
"Without dwelling on the deeper reasons behind the separation, this bill offers a remedy without opening a Pandora's box or a can of worms that are usually present during annulment proceedings," he said.
Barbers argued that five years of actual separation would make the couples estranged enough that chances of a reconciliation is nil.
Five years should have also made the parties adjust and move on with their individual lives without further straining the relationship, according to the second-term congressman from Mindanao.
"Thus, 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, and thus avoid opening old wounds," Barbers pointed out.
The Philippines, a predominantly Catholic nation, is one of the few countries in the world that does not recognize divorce. But that hasn't stopped legislators from pursuing its legalization.
In the previous 17th Congress, the House approved on third and final reading House Bill (HB) no. 7303, which sought to legalize absolute divorce in the country. However, the measure did not prosper in the Senate.
It remains to be seen how pro-divorce measures will fare this 18th Congress.
Annulment remains a remedy for unhappy couples who want a way out of their marriage, but the process can be both lengthy and costly.