Government Lawyer Highlights Need to Reevaluate Marriage Laws
MANILA, Philippines — As the debate on divorce laws intensifies, a government lawyer emphasized the importance of Congress taking a fresh look at the country’s marriage laws. While defending the government’s current stance on divorce, the lawyer acknowledged that changing times call for a reevaluation.
Solicitor General Darlene Berberabe stated, “If we follow legal realism as a philosophy, we should acknowledge that the times have changed and perhaps the time is now opportune to revisit the premises of the Family Code and the intent expressed by the Committee on Civil Code and the Family Code.” She added that this task falls squarely within Congress’s jurisdiction.
Supreme Court Considers Divorce Case Involving Dual Citizenship
Recently, the Supreme Court conducted oral arguments on a complex case involving a Filipino national with dual citizenship. The individual had obtained a foreign divorce while abroad, later acquired foreign citizenship through naturalization, and eventually reacquired Philippine citizenship. This case raises important questions about the applicability of foreign divorce decrees in the Philippines.
Berberabe clarified that the Philippines only recognizes “relative divorce” through legal processes like annulment and declaration of nullity. She underscored that absolute divorce remains unavailable under current Philippine law.
Legislative Efforts to Pass Absolute Divorce Face Challenges
Over the years, several lawmakers have pushed for the passage of a law allowing absolute divorce. Despite these efforts, progress has been hampered by strong opposition from religious groups, anti-divorce organizations, and some individuals who uphold traditional marriage values.
Last year, House Bill No. 9349, known as the Act Reinstituting Absolute Divorce as an Alternative Mode for the Dissolution of Marriage, reached the Senate. However, a senator remarked that the bill would “pass through the eye of a needle,” indicating its slim chances of approval. Since then, no further action has been taken on the proposal.
Oral Arguments to Resume in October
The Supreme Court will continue hearing oral arguments on the case on October 21. This ongoing legal scrutiny could influence future discussions on divorce laws and marital rights in the Philippines.
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