Friday, January 11, 2013

1986 Philippine Constitution and Divorce


“The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.”  (Article 2, Section 12)

Let it be formally and expressly said that while someone must be good for something, not everyone however is fit for marriage intents and purposes. This is a down-to-earth reality that is squarely premised on the inherent nature of and obligations intrinsic to marriage—such as the requirements of mental composition, emotional constitution and physical make-up of the concrete man and/or woman concerned.  One thing is the plain desire of getting married but definitely something else is to have the fitness, the capacity or aptitude for getting married.

It is understandable wherefore that more and more couples do not get married at all—but simply unite and separate at will. In fact, more and more married men and women get married and eventually come to part ways at will—with or without having children.  Thus it is too that more and more children from “broken families” become confused, angry and/or bitter even as they grow in years and realize their predicament of growing without the parenting presence of their fathers and/or mothers.

And yet, there are individuals who furthermore even want to introduce and legalize divorce in the country—as if the fact of divorce and the divorce mentality would promote the right understanding and proper living of the reality of marriage.   The truth of the matter is that divorce promotes divorce just as the possibility of divorce already weakens the resolve to get married for a lifetime—in accord with their own human dignity and pursuant to the inherent rights of the children born of their union.

Divorce is not merely a direct contradiction of the standard Marriage Vows, but also a standing contradiction of the Family Code of the Philippines and furthermore a blatant contradiction of the Constitution of the Philippines. Hence, Filipinos who want divorce introduced and legalized in the country, say but one and the same thing:  Change the working of the Marriage Vows!  Change the Philippine Constitution! Change the Family Code of the Philippines!  How convenient!  How gross!

Thus it is that in the context of a divorce provision, the constitutional principle of the “sanctity of family life” is but a big joke.  That the above likewise constitutional resolve to “protect and strengthen the family” is simply a big lie.  And that the equally constitutional consideration of the family as a “basic autonomous social institution” is but a blatant farce.  What a pity!  What a disaster!