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Lady solon says: there is no constitutional prohibition for divorce law

By VIGIE BENOSA-LLORIN
August 16, 2010

QUEZON CITY  –  Amid revival of yet another controversial issue, the re-filing of a divorce bill, Cong. Janette L. Garin of the 1st District of Iloilo arise to say that there is no constitutional prohibition on the passage of divorce law in the country.

“If our Muslim brothers are granted the right to avail divorce under Presidential Decree 1083, why can’t our Christian brothers avail of the same right?” laments Rep. Garin.

Rep. Garin however emphasized that the issue here is on the propriety and wisdom of passing the law, which depends solely with the legislature.

According to Rep. Garin the sanctity of marriage as an inviolable social institution should be preserved, this preservation on the other hand, can still be maintained even with the passage of divorce law, provided that the law should provide stringent and exclusive grounds.

Rep. Garin explains, “reality would tell us that there are married couples who had been separated de facto for say, ten years, so why insist on the legal existence of the marriage that is no longer working?”  She added, “in this instance, divorce is proper.”  She further said, “when wives are repeatedly battered by their husbands, but could not end her ties with him because there is no available ground for her to end the relationship, legislation should come in.”

“If the grounds provided for in the divorce law is clear, reasonable, stringent and exclusive, to the effect that irreparable damage was caused to the marriage and that the reconciliation between the married couple is highly improbable, I feel responsible to say “aye” to the passage of the divorce law and rely on the good faith of the judiciary the grant or denial of the petition,” Rep. Garin concluded.