Annulment and legal separation do not grant complete relief to spouses in totally dysfunctional or abusive relations because annulment only covers causes “existing at the time of the marriage” and does not encompass those occurring during the marriage and legal separation does not allow covered spouses to remarry, unlike absolute divorce.

Annulment is only a partial remedy as it does not cover the more prevalent grounds which may occur or supervene during the marriage like insanity, impotency, affliction of a sexually-transmissible disease and those covered by legal separation on (a) violent and grossly abusive behavior; (b) morally corrupt practice; (c) imprisonment for more than six years; (d) drug addiction or habitual alcoholism; (e) homosexuality; (f) contracting a bigamous marriage; (g) marital infidelity; (h) attempt against the life of the other; and (i) abandonment for more than one year.

All of the said causes, which may occur after the marriage, debase the marital union when they persist beyond solution.

Annulment of marriage, legal separation and nullification of marriage were provided for in the Family Code in lieu of absolute divorce to appease the Catholic Church.

In Te vs. Te, the Supreme Court admitted that the nullification of marriage due to psychological incapacity mirrored the Church’s canonical practice of dissolving marriages by avoiding the nomenclature of absolute divorce.

The High Court also added that by following the grounds for canonical dissolution of marriage, the civil law would be made consistent with canon law.

The bill on absolute divorce fearlessly and realistically calls a spade a spade.

Why must the State pacify the Church to the extent of abandoning spouses in irreparable conflict situations and their distressed children in a house on fire?

While the State protects and preserves marriage, it is also duty-bound to provide full relief to spouses and their children in irremediably broken and lost marriages.

Due to the foregoing situations, absolute divorce must be a right or option of concerned spouses even as they still have the choice to secure annulment of marriage, legal separation or nullification of marriage under the provisions of the Family Code, which are not repealed.

EDCEL C. LAGMAN