Alvarez: Divorce needed vs abusive, dysfunctional marriages

MANILA, Philippines — House Speaker Pantaleon Alvarez (Davao del Norte) is hopeful that those opposed to a bill to make it easier to dissolve dysfunctional marriages will see why some married couples need it.

He said annulment, the only legal way to dissolve a marriage in the Philippines, is only allowed for grounds that existed before the marriage and requires the married couple to discredit each other in court.

"But what about other grounds? For example, an attempt over the life of the other during their marriage? And there are cases where a spouse is physically assaulted, right? Or what if the husband doesn't work? Why should we condemn couples to be together when it just isn't possible anymore?" Alvarez said in a radio interview on dzMM on Sunday.

He said there are also cases where an overseas Filipino worker sends home money but the spouse at home keeps it instead of using it for their children. "The money is used for gambling, or worse, the husband is spending the money on a girlfriend," he said.

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The Catholic Church, which remains influential in the Philippines, opposes divorce, saying it devalues the sacrament of marriage. 

Alvarez points out, however, that the church cannot impose its doctrines on the government.

He added, allowing the dissolution of marriage outside of annulment, will be simpler and less traumatic for couples who want to end their marriages.

"Annulment is too confrontational because you need to discredit your spouse to get the annulment based on the grounds for it. So, why do you need to have them fight each other?" he said.

Among the grounds for annulment under the Family Code are psychological incapacity, although marriages can be declared null if one of the spouses was underage, if the marriage was solemnized by someone not legally authorized to, was done without license, was bigamous or polygamous, or was a case of mistaken identity.

The House passed the Absolute Divorce and Dissolution of Marriage bill in March but the measure faces opposition in the Senate as well as from President Rodrigo Duterte and the Catholic Church.

Alvarez said, however, said that he has been discussing the measure with colleagues in the Senate. He declined to name the senators he has met with, however.
"Maybe we can discuss and address a problem faced by many couples," he said.

"I am also asking the Catholic Church to respect the government's responsibility," adding the church can always tell its faithful to not avail of divorce or dissolution of marriage.