The Holy Bible documents the first marriage with the following words: “For this reason, a man will leave his father and mother and be united to his wife, and they will become one flesh.” Refer to Genesis 2:24 for this.
“Marriage,” as defined by the Family Code of the Philippines (approved under Executive Order No. 209), “is a special contract of permanent union between a man and woman, entered into in accordance with law for the establishment of conjugal and family life.”
In the context of the church, marriage encompasses not only a contractual agreement but also a sacrament. God, through His servant Paul, provided guidance on what husbands and wives must do to ensure a successful marriage.
“Wives, submit to your husbands as to the Lord. For the husband is the head of the wife… Also, wives should submit to their husbands in everything… Husbands ought to love their wives as their own bodies… Wives must respect their husbands.”
In accordance with both State and Church regulations, the primary requirement—beyond understanding the true essence of marriage—is that both the groom and bride must be of legal age, which is 18 years or older.
For those who are getting married, here’s a word of wisdom from Gina Cerminara: “Marriage is not for a moment; it is for a lifetime. It requires long and serious preparation. It is not to be leaped into but entered with solemn steps of deliberation. For one of the most intimate and difficult of human relationships is that of marriage.”
As a couple, these should be their vows together: “Don’t urge me to leave you or to turn back from you. Where you go I will go, and where you will stay I will stay. Your people will be my people and your God my God. Where you die I will die and there I will be buried” (Ruth 1:16-17).
But not all marriages, however, are bound to be successful. There are marriages that end up in annulments or legal separation.
On June 27, 2010, Kris Aquino announced that she has given up on her marriage with James Yap, her cager-husband of almost five years. Sixteen days earlier, her official statement was aired in “The Buzz” through host Boy Abunda. It said:
“Ms. Kris Aquino has recently announced that she has decided to end her marriage to Mr. James Yap and asked us to initiate the appropriate proceedings for the purpose. She believes that this is in the best interest of all concerned, especially her children.”
The same situation occurred with William Martinez and Yayo Aguila. They encountered each other on the set of Bagets and developed a romantic relationship. As young stars at the height of their careers, Aguila chose to forgo her promising showbiz path to marry Martinez and relocate to the United States with him. After a period of time, and with a family in tow, the couple returned to the Philippines and attempted to resume their showbiz careers from where they had left off.
Their marriage has experienced various challenges, yet many were astonished by their ability to remain united and steadfast. However, in 2009, rumors began to circulate suggesting that the couple had already separated.
In the Philippines, divorce is not an option; thus, when a couple wishes to terminate their marriage, they are left with only two alternatives: legal separation or annulment.
A legal separation decree grants the spouses the right to live apart from one another, dissolves the conjugal partnership, awards custody of the minor children to the innocent spouse, and disqualifies the offending spouse from inheriting from the estate of the innocent spouse.
Philippine law says there are ten grounds on which a petition for legal separation may be filed. These are:
–Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
–Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
–Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
–Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
–Drug addiction or habitual alcoholism of the respondent;
–Lesbianism or homosexuality of the respondent;
–Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
–Sexual infidelity or perversion;
–Attempt by the respondent against the life of the petitioner; and
–Abandonment of petitioner by respondent without justifiable cause for more than one year.
A legal separation decree permits spouses to reside apart while maintaining their marital ties. In essence, they remain legally married and are therefore prohibited from remarrying.
However, should they wish to enter a new marriage with another person, the couple must pursue an annulment. “Once the court has granted a decree of annulment, the individuals are free to remarry,” a lawyer clarifies.
“What is unique about the Philippines is that even if the marriage is supposed to have never taken place – annulled – the children are still recognized to be children of both husband and wife,” wrote Dr. Ma. Jocelyn G. Gayares, in an article, ‘What Couples Should Keep When Marriage Breaks.’ “The husband no longer has the obligation to support his ex-wife but still has the obligation to support their children.”
