Tag Archives: Aquino

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:
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