Deconstruct the following assumptions of the law:

(1) Is divorce allowed in the Philippines?

NO. Divorce is NOT allowed in the Philippines.

How is divorce not allowed in the Philippines contradicts itself?

1. Legal Separation
2. Void Marriages
3. Voidable Marriages
4. Psychological Incapacity

All the abovementioned are some of the grounds of how marriage can be legally
dissolved as that of, a divorce.

Divorce is the legal dissolution of a marriage by a court or other competent body.

Under the law, there are different other laws that have the same effect--as that of
divorce--a dissolution of marriage.

In its mildest effect, the law provides for a legal separation, in which, even though the bonds of
marriage are not severed, the spouses are separated in bed and board. This bed and board
separation is practically divorce.

In its strongest effect, the law provides the marriage void if either of the spouses is proven to be
psychologically incapacitated to perform the essential obligations of marriage.

Once a marriage is void, the marriage bond is severed. Thes void marriages work like how a
divorce would.

There are also voidable marriages. These marriages are valid till annulled.

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents
or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
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)
Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse. (82)
SSS v. Azote
Dissenting Leonen
Commented [1]: Edna established her right to the
benefits through substantial evidence. She presented
her marriage certificate and the baptismal certificates of
her children. Being public documents, these constitute
prima facie proof of their contents, and, therefore, her
claim to death benefits as legal wife and dependent
ofEdgardo should have been approved.8
SSS v. Vda. De Bailon cites Arturo M. Tolentino, a
recognized authority in civil law, as having commented:
Where a person has entered into two successive
marriages, a presumption arises in favor of the validity
of the second marriage, and the burden is on the party
attacking the validity of the second marriage to prove
that. the first marriage had not been dissolved; it is not
enough to prove the first marriage, for it must also be
shown that it had not ended when the second marriage
was contracted. The presumption in favor of the
innocence of the defendant from crime or wrong and of
the legality of his second marriage, will prevail over the...
Commented [2]: There was yet no attack on the
validity of the deceased's marriage to Edna. No
adjudicatory process was pending. Certainly the Social
Security Commission was not invoked as the forum to
test the validity of her marriage. The validity of that
marriage passed unchallenged. No right was asserted
by the proper real party in interest under the
superceded forms submitted by the claimant. The
Social Security. System motu proprio conducted its
investigation based solely on the conflicting information
in the 1982 and 1994 forms submitted by the
deceased. It made pronouncements without any
complaint and without affording all the parties the usual
due process rights accorded to them. It made a
judgment as to the marital status of the claimant when
it did not have jurisdiction to do so. This action is null
and void many times over.
In these circumstances, the presumption in favor of the
validity of the second marriage must prevail, and sound...
Commented [3]: The Social Security Commission
cited SSS v. De Los Santos11 and Signey v. SSS12 to
justify its position that it can pass upon the validity of
marriages to determine who are entitled to social
security benefits. However, in those cases, there were
two conflicting claimants both claiming to be wives of
the deceased, although in Signey, the first wife
subsequently executed a waiver of the benefits being
claimed. The Commission necessarily had to rule on
the validity of marriages in order to determine who had
a better right to the death benefits.
There is only one claimant in this case. No one
contests her claim.
The question on the validity of Edna's designation as
wife-beneficiary or the legality of her marriage to the
deceased is not yet upon us. The alleged first wife has
neither challenged the same nor claimed death
benefits, and thus, there appears to be no controversy...
These cases are problematic because of the absence of a divorce law. Divorce is not alien in our
jurisdiction. Our new Civil Code has repealed the earlier provisions on divorce, which we used to
have under Act No. 2710 on grounds of conjugal infidelity of one spouse.13 Divorce between
Filipinos has remained unrecognized even under the Family Code of the Philippines.14

Instead of divorce, the present Family Code only provides for legal separation (Title II),15
and even this expressly prescribes that "the marriage bonds shall not be severed."16 Under our
present laws, the extinguishment of a valid marriage must be grounded only upon the death of
either spouse or that which is expressly provided by law (for defective marital unions).17 In the
alternative, estranged couples undergo the expensive labyrinth of claiming "psychological
incapacity" under article 36 of the Family Code to be awarded an order to declare their
marriage a nullity ab initio.

There are many second marriages like that of Edgardo and Edna, which was celebrated in
Legazpi City and accepted by all parties concerned. They have lived together as husband and
wife without issue for 13 long years until the husband's death in 2005. By all indications, they
have established a strong family foundation. This case shows that without divorce, our laws
remain insensitive to a multitude of intimate relations. As people with autonomous and private
choices that do no harm to society' they are wholly and immoderately disregarded. This case,
like many others, should be basis for Congress to seriously consider the respect due to voluntary
adult. choices of our people. A divorce law is no longer a luxury; it has become a just and
inevitable necessity.

(2) Is consent an essential requisite in marriage?

YES. Consent is an essential requisite in marriage.

How is consent as an essential requisite in marriage contradicts itself?

Arranged marriages. Commented [4]: Many pure-blooded Chinese and

The need for parental consent for ages 18-21 and parental advice for 21-25. "Chinoys" live in the Philippines and most of them are
still following the traditional Chinese arranged
marriage. Marriage is very important for the Chinese
In this generation, arranged marriages are not mandatory however the permission from the culture because this ensures the survival of the family
(same social status) that is why arranged marriages
parents is considered necessary because parents have their opinions about the future
are necessary for the Chinese. A Chinese arranged
husband or wife of their child (Theo, 1993). marriage that does not observe proper Chinese
traditions is invalid to the Chinese community. Unlike
the Muslims, there are prescribed ages for a Chinese
How is consent actually determined from the involved parties? It’s hard to determine whether or arranged marriage: 23 years old for men and 21 years
not consent is really granted. old for women.

Women and girls in the Philippines have certain limitations on their right to freely enter into or
dissolve a marriage. The Family Code of 1987 governs marriage in the Philippines.1 The age of
consent to marry is 18 for both men and women.2 The country is predominantly Roman Catholic,
and is the only nation in the world that does not allow divorce. Annulment of marriage is available
provided certain criteria are met, with the law specifically allowing for annulment in forced marriage
situations.3 The Muslim minority (and other ethnic cultural communities) are allowed to enter into
marriages without an official license, provided they are solemnized in accordance with their customs,
rites or practices.4

The Muslim Law on Personal Status, based in Shari’ah law, allows marriage at the age of 15 years
for males and at age 15, or onset of puberty, for females.5 Muslims are also able to divorce, with this
process being more challenging for women than for men.6

There are no specific laws in the Philippines addressing child or forced marriage, and recent studies
found that 14% of married women aged 20-24 reported that they were married before the age of 18.7
The minimum age of marriage for certain religious and ethnic communities may contribute to
situations of early and forced marriages in country. In addition, the mail-order bride and human
trafficking industries prevalent in the Philippines place women and girls at risk of being subject to
forced marriages.8 Despite the enactment of an International Marriage Broker Regulation Act (which
includes criminal penalties), the mail-order bride system continues to thrive as poverty in the
Philippines worsens.9 Human trafficking is also a serious problem in the Philippines, with some
victims forced into marriages.10