LET ME BE very very clear. Again, the 1987 Constitution DOES NOT PROHIBIT absolute divorce.
It is the SUPREME COURT which declared it in the landmark case of Manalo vs. Republic ( G.R. No. 221029 April 24, 2018) thus: "The 1987 Constitution expresses that marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. Nevertheless, it was not meant to be a general prohibition on divorce because Commissioner Jose Luis Martin C. Gascon, in response to a question by Father Joaquin G. Bernas during the deliberations of the 1986 Constitutional Commission, was categorical about this point. Their exchange reveal as follows:
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MR. RAMA. Mr. Presiding Officer, may I ask that Commissioner Bernas be recognized.
THE PRESIDING OFFICER (Mr. Colayco). Commissioner Bernas is recognized.
FR. BERNAS. Just one question, and I am not sure if it has been categorically answered. I refer specifically to the proposal of Commissioner Gascon. Is this be understood as a prohibition of a general law on divorce? His intention is to make this a prohibition so that the legislature cannot pass a divorce law.
MR. GASCON. Mr. Presding Officer, that was not primarily my intention. My intention was primarily to encourage the social institution of marriage, but not necessarily discourage divorce. But now that the mentioned the issue of divorce, my personal opinion is to discourage it. Mr. Presiding Officer.
FR. BERNAS. No my question is more categorical. Does this carry the meaning of prohibiting a divorce law?
MR. GASCON. No Mr. Presiding Officer.
FR. BERNAS. Thank you."
IF you want to believe any contrary opinion of any other person, it is up to you but do know that the SUPREME COURT says absolute divorce is not prohibited by the Constitution. By the way, the landmark case of Manalo vs. Republic precisely dealt with divorce. The remark of the Supreme Court was not even obiter. ANd even if it were obiter, the SC is the most persuasive authority to give such an opinion. -Dean Melencio Santos Sta. Maria Jr
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Melencio Santos Sta. Maria Jr.; born February 23, 1957) is a Filipino lawyer, law professor, and television & radio presenter. He has been the dean of Far Eastern University's law school since 2013. He has also been teaching at his alma mater, the Ateneo School of Law, since 1986.
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