Sunday, June 24, 2012

The Contract is Over


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.

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