Solon proposes to scrap gov't permits on church marriages
2 Ilonggo lawyers express opposing stance
A bill is now pending in Congress to solemnize marriages in the Philippines minus current requisite of government license.
Passed on the premise that performing marriage is a Church function and not a function of the State, House Bill No. 4883 was pushed. It was authored by 6th District, Manila Representative Bienvenido Abante Jr.
In essence the House Bill that is pushed for immediate approval allows Church ministers, priests, rabbis and imams to solemnize marriage without the need of a marriage license from the government.Abante Jr. is a pastor himself alongside being his district's Representative.
Abante cited the biblical foundation, which he said proclaims that a marriage is ordained by God, "where He bestows His personal act and authority."
"He is the One that joins and binds a man and a woman in marriage, for He did not say: 'what man hath joined....', thus marriage is a divine, spiritual act and institution," Abante said.
Thus far, two Ilonggo lawyers said their opposing piece.
For Cornelio Panes, a Catholic and counsel for several couples seeking annulment on civil marriages and those as well in Catholic church, the bill seems to be a "welcomed thought."
"It's more practical because the State also recognizes the validity of Church marriages provided the priest or minister is authorized by the State to perform the marriage rites," Panes told The News Today (TNT) when reached for reaction.
Yet not quite so, for lawyer Raul Tiosayco, a Baptist and also known to aid couples with similar marital concerns.
"I disagree. It will open floodgates for "knee jerk" weddings. It's easier to get divorce from Catholic Church if you have money. The state has interest in the welfare of the family and the child. To take away state participation from marriage requires constitutional amendment," came Tiosayco's say on the subject.
Abante Jr. in pushing for his latest proposal pointed further that the fundamental law of the land guarantees the separation of Church and State.
As such, he said what is divine and spiritual is within the exclusive and supreme authority of the Church, as the secular belongs to the State.
Among the bill's requirements are for ministers, priests, rabbis and imams to secure a written authorization.This written authorization must from the church or sect from which they are affiliated with to be able to solemnize marriages.
The bill also penalizes anyone who solemnizes any marriage without written authority, or with expired, withdrawn, cancelled, or suspended written authority, or without being registered with the National Statistics Office by a jail term ranging from two to six years and a fine of P50,000 up to P100,000.
All ministers, priests, rabbis and imams derived their authority from divine law and not from secular law came also the point stressed by the lawmaker.
"They should not secure an authority or license to solemnize marriage from the government, and government's responsibility and authority should be limited only to the registration of marriages and the names of those who perform them," he ended in a news release of the 14th Congress news site.