Family Code of the Philippines

So what is the alternative to Divorce in the Philippines?

Divorce in the Philippines

Divorce in the Philippines

In August 3, 1988, the Family Code of the Philippines took effect under the presidency of Cory Aquino. The most salient and revolutionary feature of this law is Article 36 which allows marriages to be declared void based on psychological incapacity.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
At first glance, one would consider it ironic that it took a convent-educated and devout Catholic president to finally pass a divorce law in the Philippines. Many sectors had clamored for Congress to pass a divorce law but those efforts were always blocked by the Catholic Church. In truth, however, Article 36 was a victory for the Church because it is based on Canon law which states:
Can. 1095. The following are incapable of contracting marriage:
those who lack sufficient use of reason;
2. those who suffer from a grave lack of discretionary judgment concerning the essential matrimonial rights and obligations to be mutually given and accepted;
those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage.
We should however clarify that even if you get an annulment from the Court, if you were previously married in church, you can remarry but only in a civil wedding. If you want to bring your next spouse to the altar, you should still go to the Ecclesiastical Court of the Roman Catholic Church.
We should also explain that although Art. 36 has been referred to as “de facto divorce”, it is very different from divorce as we know it here in America. Because it is based on Canon law, strict requirements have been imposed on Art. 36. For instance, “serious irreconcilable differences” alone is not enough. Neither is infidelity, alcoholism, gambling, abandonment, physical abuse, nor irresponsibility. Instead, according to the Supreme Court, “psychological incapacity” should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed in Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support.” (Santos v. Court of Appeals, 310 SCRA )
Try to find something about divorce and you will come to a stop. The Philippines DOES ALLOW DIVORCE.  There is divorce in the Philippines.

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