Divorce (CONS)

DIVORCE (CONS)
The state recognizes the sanctity of family life and shall protect and strengthen
the Family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right and
duty of parents in rearing the youth for civic efficiency and the development of moral
character shall receive the support of the government (Art.II, Sec. 12)
The state recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.
Article 1 of the Family Code states that marriage is a special contract 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 whose nature, consequences, and incidents
are governed by law and not subject to stipulations, except that marriage settlements
may fix the property relations during the marriage within the limits provided by the code.
Since marriage is a special union, any laws that allows absolute divorce is contrary to
law provisions and destroys the very concept of family as an inviolable institution. The
contention of the proponent of House Bill No.6993 that divorce will give an opportunity
to separate with an intolerable spouse is not a conclusive assurance that by entering
another marriage will be a good and successful. In the case of Fe D. Quita Vs. Court of
Appeals G. R. No. 124862, December 22,1998 it involves a woman who divorced twice
and remarried three times. This obviously destroys the family as a social institution
which state must protect.
A failed marriage is not an argument for divorce. It is rather proof of the necessity
that only mature people enter into it. If indeed a spouse proves not only to be
overbearing but oppressive and cruel, there are sufficient provisions in the Family Code,
specifically those that provide for the legal separation of the spouses, and, in some
cases, even annulment of voidable marriages. There are furthermore the salutary
provisions of Republic Act No. 9262, the Anti-Violence Against Women and their
Children act for the protection of women and their children.
If, on the other hand, one spouse finds the other – or himself or herself –
psychologically incapable of fulfilling the obligations of marriage, the much-abused Art.
36 of the Family Code on psychological incapacity, ironically patterned after a similar
canonical provision, is available.
In other words, the supposed suffering that a spouse must bear owing to a failed
marriage is more imagined than real, and comes only upon one who does not make use
of the remedies already available under existing law.
So, why then would one want divorce if legal separation, annulment and
declarations of nullity are juridical options already available? The answer is simple:
Divorce allows an already married person to have another go at it, despite failing at the
first.
While one can reasonably test-drive a car and replace it with a better one should
the test-drive prove unsatisfactory, it is plainly dehumanizing to both spouses to allow
for a test-run, through a first marriage, and then grant the possibility of a replacement of
spouses should the test fail. It is ironic that those most vocal in their support for divorce
also hold themselves out as champions of human rights – and there can be no violation
of human rights more egregious than to treat human persons the same way that you
treat vehicles and appliances!
Divorce victimizes children. The separation of parents is already traumatic on the

children who must choose between mother and father when custodial rights are
judicially resolved. Visitation rights are a poor substitute for living with one’s parents.
Divorce however compounds the trauma by allowing a total stranger to the children to
enter into their lives – the new spouse.
The State sends a signal to the public and educates its citizens by the incentives it
offers as well as the matters it penalizes. By penalizing offensive conduct, the State
signals its ideal of social cohesion and of living together. Article II of the Constitution
reads:
“Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution.”
Adultery and concubinage have been in our penal code for not only decades but
centuries now. Striking them off the catalogue of crimes – will this not send the message
to Philippine society that now, sexual liaisons and dalliances with persons other than
with one’s spouse are now allowed? How can such a legislative proposal “protect and
strengthen the family as a basic social institution”? While it is true that Article II is a set
of non-self-executory principles and policies, the provisions give direction to legislation
and shape jurisprudence. Otherwise they would have no place in the Constitution at all.
The divorce of parents will have adverse effects on the children’s rights. Any
dispute of parents which will result in an absolute divorce will not only destroy the
foundation of the family as an inviolable social institution but will adversely affect the
rights of children who are entitled to special protection of a family environment (Art.20,
Convention on the Rights of Children).
Article 63 (3) of the Family Code provides that the custody of children will be
given to innocent spouse. Thus, the guilty spouse leaves the conjugal home and is
relieved of his obligation to give due care that the children are entitled to. The guilty
spouse may be ordered by the court to provide support for the wife and children, but this
situation is impractical in the Philippines where almost one-half are unemployed or
underemployed. Hence, they do not have the capacity to provide for the regular monthly
subsistence to their family. Under this situation, there is no assurance that an innocent
spouse, who is left with the custody children can be sufficiently supported.

Divorce (CONS)

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DIVORCE (CONS)

Divorce victimizes children. The separation of parents is already traumatic on the

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