The Family Code defines marriage
as a special contract of permanent union between a man and a woman entered into
in accordance with the law for the establishment of conjugal and family life.
Likewise, the Constitution provides that the family is a social basic
institution by which public policy cherishes and protects. In all, marital union is a sacred and solemn
occasion by which the parties are bound to observe mutual love, offer fidelity
and give needed support until the color of death appears.
While no law prohibits marriage
between a Filipino and an alien, the State, nevertheless, must guard all the
evils that may germinate with the present trend of marital sacrament. Obviously,
gone were the days when we only seldom witness a union between two couples of
different races. In fact, the converse is true, where some Filipino women sell
their souls to senile aliens in exchange for material wealth and fortunate
disposition in life. Sadly, instead of rearing a happy family after having
perfected the special contract, when love and lust begins to crumble like a
sand fortress, each, particularly the non-Filipino spouse, with their own
tales, causes to file divorce.
Absolute divorce may not find solace
under our system of family affairs, as it is against public morals and customs.
However, Article 26 of the family code provides for recognition of divorce
validly obtained by the alien spouse outside of the Philippines. To succinctly put
it, alien spouses are given the road to severe marriage in foreign land. Apparently,
this has been the practice and the common resort of dissatisfied partners having
lost the heat of mutual affection. While it may be true that no one is bound to
live in hell, nonetheless, with this controversy of demeaning the sanctity of
family life, the State must risks all it efforts to preserve the basic unit of
the society.