Viewpoints
Divorce and Question Marks 1/3
By +Oscar V. Cruz JCD
The understanding and appreciation of the Church about marriage is certainly not based on her mere opinion, capricious intent and/or invented teaching. That marriage per se is a distinct indissoluble and indivisible union finds its anchorage in nothing less than natural law, viz., the inborn aptitude and disposition of couples opting for marriage, to be together for nothing less than a lifetime.
This innate longings of the human spirit that make men and women want to seal their union for as long as they live can be easily and readily drawn and easily known by simply considering more closely and attentively the constant, consistent and repeated lyrics of a love song. “I shall be loving you eternally…” “I will be loving you always…” And so with other innumerable love songs throughout the world composed by men and women of every race and culture – certainly not by the Church, not by priests and nuns! That is why the lyrics of the song that become also popular say “Torn between two lovers, feeling like a fool, loving both of you is all the rule”
Thus it is that what human nature rightfully and fervently longs for in the matter of man-and—woman love, is duly assumed by the Church as a signal teaching about the nature of marriage, the essence of conjugal love as a partnership between the spouses premised on their mutual consenting love for a lifetime, for their own marital good and the welfare of the children born of their union. In the event that a man and a woman enters into such a covenant before the Church, that union is further elevated into the supernatural order of grace in its constitution as a sacrament.
Question 1: WOULD AN ABSOLUTE DIVORCE LEGISLATION BE PURSUANT TO THE TEXT, CONTEST AND SPIRIT OF THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES?
Article II, Section 12 of the Constitution, in nonetheless than the declaration of principles, very expressly and even categorically says that the State shall strengthen the family as a basic autonomous entity. Furthermore, the very first Article of the Family Code of the Philippines provides that marriage is an inviolable social institution.
How could absolute divorce strengthen the Filipino family? How would absolute divorce make the family an inviolable social institution? It is big sophism and an untenable rationalization to say that by destroying the family, it is strengthened, and by dividing the family, it is made inviolable!
The undeniable fact is that it is precisely the absence of absolute divorce in the Philippines that has kept couples together in joy and in pain that has saved families from breaking apart. The law on absolute divorce already threatens to violate the marriage vows even before they are pronounced.
Question 2: WOULD STAND REASON AND LOGIC TO CLAIM THAT CIVIL ABSOLUTE DIVORCE IS AFTER ALL PRACTICALLY THE SAME AS MARRIAGE NULLITY DECLARATIONS AND MARRIAGE ANNULMENTS?
The present Family Code of the Philippines has provisions for nullity and annulment of marriages – in addition to legal separation. nullity declaration means that a marriage is ab initio null and void. marriage is voided or invalidated. Absolute divorce however means that a valid and non-voidable marriage is still dissolved. These three marriage actions are neither practically much less substantially the same.
If it is argued that the effects are the same, this is tantamount to saying that death by sickness or old age, by accident or lethal injection, by torture, massacre and other forms of execution, is all the same. after all, those concerned are all dead anyway!
the truth of the matter is that there is the attempt to break and dissolve marriage by any and all possible means, whatever the costs to the family, to the community, to the country. if one is not content with legal separation, try marriage nullity.If nullity is not possible go for annulment. And, now, if even annulment is not granted, file for absolute divorce. With all these possibilities of getting rid of marriage, the question may be asked: Why get married at all?
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