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Authors say divorce bill won’t violate PHL Constitution


Authors of the divorce bill in the House of Representatives on Wednesday maintained the measure they are pushing will not violate the 1987 Philippine Constitution. Gabriela Women’s party-list Rep. Luzviminda Ilagan, one of the authors of House Bill 1799, said the bill does not clash with the state’s principle of protecting the sanctity of family life, as stated in Article II, Section 12 of the 1987 Constitution. The provision says: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government. "This proposal does not violate the sanctity of the family. It may even strengthen the sanctity of marriage. People will be aware that there are vows and responsibilities to be fulfilled, but reality is, some marriages fail," Ilagan said in the day's scheduled hearing. The House committee on revision of laws began on Wednesday morning initial deliberations on the Philippine divorce bill, days after European country Malta approved the introduction of divorce in the staunchly Catholic state via a referendum. Cagayan de Oro Rep. Rufus Rodriguez, however, insisted that HB 1799 is unconstitutional, since it "opens the floodgates for all to get divorce." "Children will grow up with only one parent. That’s the worst punishment we can give to our children," Rodriguez said during the hearing. Ilagan, however, said the measure may help children of couples with failed marriages to get out of the "unhappy" situation. "It may be more harmful for children if these unhappy couples stay together. We are only introducing an option," she said. For her part, lawyer Evalyn Ursua, one of the resource persons during the hearing, backed Iligan’s claim that HB 1799 is consistent with the Constitution. "There is no constitutional prohibition on it [divorce]. The Constitution has no intent to keep failing marriages together," she said. — RSJ, GMA News