Here is the introduction part of my paper:
INTRODUCTION:
The
1987 Philippine Constitution states that “Marriage, as an inviolable social institution, is the foundation of the
family and shall be protected by the State.”[1] A means by which marriage is protected by the
State, is through the enactment of the Family Code of the Philippines which
took effect on August 3, 1988.[2] The first article of
the Family Code states that “Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the family
and an inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the
limits provided by this Code.”[3] Clearly,
the duration of marriage is not left to the whims and caprices of the parties,
but is subject to the regulation of the State.
The parties cannot, by mutual consent, end their marriage. The termination of the marriage bond should
and must be based on the grounds and modes provided for by the law.
The modes,
under the Family Code, by which the marriage bond can be terminated, are
Declaration of Nullity of Marriage under Article 36, Annulment under Article 45,
and Death of one of the parties. With
regard to Declaration of Nullity of Marriage, the law contemplates that there
is no valid marriage to begin with; however, there is still the need for a
court declaration in order to have the marriage declared void ab initio. The ground
for such declaration is psychological incapacity to comply with the essential
marital obligations.[4] While for Annulment, the law sets forth the
following grounds, namely, lack of parental consent by a party who is 18-21
years old at the time of the celebration of the marriage; insanity of one party
at the time of the celebration of marriage; Fraud; Force, Intimidation, or
Undue Influence upon either of the party; Impotence of one party; and Serious
sexually-transmissible disease of one party.[5] Aside from the foregoing modes, no other
means are allowed to terminate a marital bond.
Legal Separation is another legal
procedure mentioned by the Family Code. A
judicial decree of Legal Separation does not severe the marriage bonds but
entitles the parties to live separately from each other.[6]
The grounds for legal separation are physical
violence, moral pressure, civil interdiction, drug addiction, habitual
alcoholism, sexual infidelity, abandonment and the like.[7] By its nature, Philippine legal luminaries
deem Legal Separation as a relative divorce[8] vis-à-vis absolute divorce where the marriage bond is deemed
severed.
Recently,
the Philippines was again confronted with the news about the passage of an
Absolute Divorce Law. Philippine Senator
Pia Cayetano exclaimed that the country should not be proud for being one of
the only two countries in the world that does not have divorce, the other
country being Vatican.[9] In the present Congress, a bill has already
been filed by Gabriela, a women’s rights activist political party, for the
amendment of the Family Code to include Divorce as a legal means to severe a
marriage bond.[10] As a consequence thereof, the innocent party
is given the right to remarry.[11] However, the Catholic Bishops Conference of
the Philippines has continuously opposed every attempt of introducing Divorce
into the country.[12]
As Christians, our convictions regarding any moral issues
must be in accord with the heart or will of God. This paper aims to show that Divorce and
Remarriage is permitted in the Bible.
Passages such as Deuteronomy 24: 1-4; Matthew 5:32; Matthew 19:9; and 1
Corinthians 7:15 will be explained as to how these passages support the idea of
Divorce and Remarriage
[1]
Section 2, Article 15 of the 1987 Philippine Constution.
[2]
Alicia V. Sempio-Dy. Handbook on the Family Code of the
Philippines (Quezon City, Philippines: Joer Printing, 1988), p. xxix.
[3]
Article 1, Family Code of the Philippines.
[4]
Article 36, Family Code of the Philippines.
[5]
Article 45, Family Code of the Philippines.
[6]
Paragraph 1, Article 63, Family Code of the Philippines.
[7]
David Dedel vs. Court of Appeals and Sharon L. Corpuz-Dedel, G.R. No. 151867, January 29, 2004.
[8]
Elmer T. Rabuya. The Law on
Persons and Family Relations ( Quezon City, Philippines: Rex, 2006), p.
350.
[9]
http://newsinfo.inquirer.net/681159/lack-of-divorce-law-nothing-to-be-proud-of-pia-cayetano
(last accessed March 26, 2015).
[10]
House Bill No. 1799,
[11]
Ibid.
[12]
http://mobile.abs-cbnnews.com/nation/03/27/15/cbcp-failed-marriage-no-argument-divorce/
(last accessed March 27, 2015)
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