FINDING ANSWERS

At last week’s Kapihan sa Manila Prince Hotel news forum, discussion focused on divorce and it became clearer why the dissolution of the permanent bond of marriage must not be legalized in the Philippines.

Retired Supreme Court Justice Adolfo Azcuna said that House Bill 9349, passed recently by the House of Representatives on third and final reading, violates the Article 15, Section 2 of the Constitution which states: “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.”

“Inviolable means cannot be touched, cannot be infringed, cannot be destroyed,” explained Justice Azcuna who was also a member of the 1986 Constitutional Commission that drafted the 1987 Constitution.

He said that even the title of HB 9349 runs counter to the Charter’s intent. “It says ‘An act reinstituting absolute divorce as an alternative mode for the dissolution of marriage.’ Reinstitute, ibig sabihin gawing social institution din ito (which means make it also a social institution). At dalawa na ang (and then there’ll be two) social institutions: marriage [and then] you have absolute divorce. Magbabanggaan ito (These will clash).” he explained. 

The other guest at Kapihan sa Manila Prince Hotel, SAGIP Party-List Rep. Rodante Marcoleta, said that instead of pursuing an absolute divorce law, lawmakers should focus on crafting legislation to strengthen the family and marriage.

Citing OFWs’ experience, he said: “Ito realidad po…Yung babae o lalaki napunta ibang bansa, may maiiwan dito, natutukukso sila, nasisira talaga ang pamilya. At the first sign sana na pupunta sa ibang bansa, magtatrabaho ang isang spouse, papasok na po sana ang estado. Pupunta na sana doon yung DSWD, titignan, bakit po kayo aalis? (This is the reality... A woman or man goes to another country, one is left behind here, tempted, then the family gets destroyed. At the first sign of having to go to another country, where a spouse will work, the State should interfere. The DSWD should pay a visit and ask why are you leaving?)

“Nakalulungkot po rito, wala man lang batas na ginawa ang Kongreso patungkol dito, ang ginawa pa ay batas para usigin ang pamilya (It’s sad Congress has not made a law on this, what it did was pass a proposed law destroying the family),” Rep. Marcoleta lamented.

Both Kapihan guests are right in saying that the proposed law on absolute divorce clashes with the Constitution which clearly provides: “The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development (Art. 15, Sec. 1).”

The words in the Constitution, which has been duly ratified by the people, are not there to be rendered meaningless. Ideals about family and marriage are clearly expressed in the fundamental law of the land, and the State must be unwavering in its pursuit of these ideals.

Thus, policymakers are duty-bound to carry out the constitutional mandate to strengthen the solidarity of the family. They just cannot bend the spirit and intent of the Constitution to heed the clamor of those favoring divorce even with flimsy reasons like getting the chance to be married to another.

Of course, policy makers should come up with better ways to deal with, as one study describes it, “the threat that lies in the continued exposure of children to a parent’s abuse, violence, drug addiction, alcoholism, sexual perversion, criminal activities, abandonment, as well as the frequent fights of both parents due to irreconcilable differences.”

The State has not been oblivious to the suffering of those who have been having difficulties meeting the requirements for annulment. This is shown in the 2021 ruling of the Supreme Court which made it easier and less costly for couples to go their separate ways.

The SC has decided to “modify the interpretation of the requirements of psychological incapacity as a ground in nullifying a marriage under Article 36 of the Family Code.” Previously, nullification depended on expert testimony of a psychologist or psychiatrist to prove psychological incapacity. With the SC ruling, ordinary witnesses can now testify to behavior “indicative of a true and serious incapacity to assume the essential obligations” in a marriage.

Except for the Vatican, the Philippines remains the only country in the entire world without a divorce law. Such a distinction speaks volumes on how we, as God-fearing people, value family and the sanctity of marriage. ([email protected])