Marriage over: A study on the legality of divorce

• Main Authors: Gonzales, Louis Andrei M., Hung, Kelvin Y.
• Format: text
• Language: English
• Published: Animo Repository 2011
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17813
• Institution: De La Salle University

Marriage is considered as a covenant and not just a mere contract. This idea is brought by religious beliefs as majority of us Filipinos are Catholics. Our laws have defined marriage, specifically our present Constitution and the Family Code. Our Constitution also states that marriage is an inviolable social institution. Our Family Code also provided the definition of marriage and remedies for failed marriages. These remedies are declaration of nullity, annulment and legal separation. Gabriela has proposed a Divorce Bill also known as HB 1799. The proposal of the Bill is due to the reported cases of violence against women. Thus, Gabriela believes that there is a need for divorce to be enacted. The Constitution provided provisions about the family as an autonomous social institution, and an inviolable social institution. However, it is clear from the deliberations of the framers of the 1987 Philippine Constitution that this provision does not preclude from enacting a divorce law. In any case, the legislature has the duty to enact measures that protect not only the family, but also the members comprising it. The Philippines is a is a state party to the Convention on Elimination of Discrimination Against Women (CEDAW) and International Covenant on Civil and Political Rights (ICCPR). It is also a member state of the United Nations and thus must conform to the Universal Declaration on Human Rights (UDHR). These instruments promote better standards of life, which includes marriages. It also provides equality between men and women. The goal of these international instruments is to eliminate all forms of discrimination, which includes gender-based violence that leads to or results from failed marriages. Gender-based violence is a form of discrimination. Though we have remedies such as declaration of absolute nullity, annulment and legal separation, these are not enough to solve the problems on failed marriages. By proposing a divorce law, there is a possibility that the incidents of gender-based violence be reduced which is a way of complying to these international instruments which the Philippines is a state party. Therefore, no valid existing reasons or justifications for the continuing reluctance of passing a divorce law in the Philippines. Not only it will protect the family, but it will also protect the rights of its members, including protection against any form of discrimination.