Senator Francis Escudero. INQUIRER FILE PHOTO
MANILA, Philippines鈥擲enator Francisco Escudero, who parted ways with his wife last year, said he is opposed to the legalization of divorce in the country.
At the Kapihan sa Senado news forum, the senator said the Family Code鈥檚 provisions on legal separation and annulment were enough options for addressing dysfunctional marriages.
鈥淚n my view, there is a serious disagreement between the government, Congress and the (Catholic) Church over the Reproductive Health bill, so this is not the right time to exacerbate this (rift),鈥� he also said.
The Philippines is the only remaining country outside the Vatican that does not have a divorce law.
Gabriela party-list Representatives Luz Ilagan and Emmi de Jesus have filed a bill introducing divorce in the country. It is languishing at the House committee on revision of laws.
Escudero has filed a petition to annul his marriage in 1999 to Christine Elizabeth 鈥淭intin鈥� Flores, with whom he has fraternal twins鈥攁 boy and a girl.
Escudero took pains to explain the difference between divorce and annulment.
鈥淟egally, the ground and basis for annulment should have existed at the time you were married,鈥� he said. While in the divorce law in the US, for example, incompatibility is allowed as a legal ground to seek the nullity of marriage.
However, Escudero pointed to 鈥渁 small window for divorce鈥� in Article 36 of the Family Code.
鈥淭here is a catchphrase that allows a small window for divorce. In Article 36 of the Family Code, the basis for psychological incapacity as a ground for annulment must exist at the time of marriage, and this is the questionable phrase, even though it became apparent after the marriage,鈥� he said.
鈥淪o it鈥檚 a 鈥榥ot here nor there鈥� (provision), which does not jibe with the legal and technical difference of divorce and annulment,鈥� he said.