‘I strongly support law on divorce’
As a lawmaker advocating for reproductive health and rights, and believing that there is no constitutional prohibition on the passage of divorce law in the country, I strongly support its passage during this Congress.
If our Muslim brothers are granted the right to avail divorce under Presidential Decree 1083, I believe we should not deny the same right to our Christian brothers.
I, however, stress that the issue here is on the propriety and wisdom of passing the law, which depends solely on the legislature. If the grounds provided for in the divorce law is clear, reasonable, stringent and exclusive, to the effect that irreparable damage was caused to the marriage and that reconciliation between the married couple is highly improbable, I feel responsible as a lawmaker to say “aye” to the passage of the divorce law and rely on the good faith of the judiciary the grant or denial of the petition.
When wives are repeatedly battered by their husbands, but could not end her ties with him because there is no ground available for her, then I believe that it is my duty as a lawmaker to respond to the situation. Reality would tell us that there are married couples, who had been separated de facto for say, ten years, then why insist on the legal existence of the marriage that is no longer working? In this instance, divorce is proper.
I emphasize though that the sanctity of marriage as an inviolable social institution should be preserved. Even with the passage of divorce law, this preservation can still be maintained, provided that the law will provide stringent and exclusive grounds under which it may be granted, and further, that the statutory right can only be availed as a last resort.
With correct appreciation, the advantages of having a law on divorce could be:
1) Wives will strive to be competitive and self-reliant;
2) As the threats of divorce is impending, husbands would have second thoughts to indulge in extra-marital affairs;
3) Children will be spared from unhealthy environment should their parents suffer irreconcilable conflicts;
4) Illegitimate children of long-time partners with legal impediments can be equally protected by the subsequent marriage of their parents.
Records would say that our Family Courts are confronted with many cases to declare nullity of marriage based on the much abused “psychological incapacity” ground under Article 36 of the Family Code. However, “psychological incapacity” is so broad a term that gives the judiciary wide latitude of interpretation. The passage of a divorce law with specific and exclusive ground for divorce would fill the insufficiencies of Article 36, by amending or repealing the said provision.
Again, as a lawmaker duty-bound to respond to situations where a law is needed, I strongly support a law on divorce, provided that there are stringent and exclusive grounds under which it may be granted, and that the statutory right can only be availed as a last resort.*
