The “inviolability” of marriage does not cast a marital union in an immovable stone because the Constitution itself does not prohibit the enactment of an absolute divorce law.
“Inviolability” prescribes a norm or standard for marriages but does not forbid the dissolution of a marriage once seriously warranted.
Fr. Joaquin Bernas led the Commissioners of the 1986 Constitutional Commission, which drafted the present Constitution, in unanimously advocating that Congress is not foreclosed in enacting absolute divorce despite the adoption in the Constitution of the concepts that marriage is a social institution, that it is inviolable and is the foundation of the family.
Catholic Latin American countries, including socialist Cuba, and Catholic countries of Europe, including fiercely Catholic Ireland, Italy where the Vatican is located, and Spain which propagated Catholicism in the Philippines and other parts of the world, have their own divorce laws which do not make them any less Catholic.
These countries have similar provisions in their respective constitutions which mandate the State to protect marriage and family life.
The term “inviolability” also appears in the constitution of Colombia, yet liberalized absolute divorce has been instituted in Colombia 13 years ago, including “notarial divorce” wherein the spouses appear before a notary public to secure a divorce. Even with this “quickie” divorce, Colombia has the lowest divorce rate in Latin America.
Under the divorce bill, an absolute divorce decree cannot be availed of with facility because: (1) “drive-thru” or “quickie” divorces are prohibited since a decree cannot be based on stipulation of facts or confession of judgment; (2) a judicial process has to be undertaken; (3) a cooling off period of six (6) months before trial starts so that the judge can actively attempt to reconcile the spouses; (4) collusion of the spouses is prohibited with stiff penalties of five years imprisonment and P200,000.00 fine for guilty parties; (5) the public prosecutor is authorized to conduct investigations on whether or not the spouses are colluding; and (6) reconciliation can be effectuated even after a petition has been filed or a divorce decree issued.
Even canon law allows canonical divorce which is euphemistically called “nullification of marriage”.
EDCEL C. LAGMAN