Saligang Batas, dapat amyendahan kung maisasabatas ang Divorce Bill ayon sa isa sa framers ng 1987 Constitution

5 months ago

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Transcript

00:00The divorce bill has already been passed in the House of Representatives, even though it is still waiting to be passed in the Senate.

00:05But according to the former Chief Justice Hilario Davide Jr., one of the framers of the 1987 Constitution,

00:11the Constitutional Court must amend the law for this.

00:14The Constitution states that marriage is a social institution that is inviolable or cannot be destroyed.

00:21And the State has a mandate to protect it.

00:25Take note of the phrases.

00:29Special contract.

00:31This amendment cannot be done by ordinary legislation,

00:36but only by either of the three modes of proposing amendments to the Constitution.

00:43The misrepresentation was done by making it appear that marriage is only a social institution,

00:53not an inviolable social institution.

00:57They have forgotten the word inviolable, or that inviolable is not in the Constitution.

01:04One of the arguments in favor of the divorce was mentioned in a forum of the UP Law Foundation.

01:10The absence of any provisional provisions prohibiting it, even though there is no provision to approve it.

01:17But Davide said,

01:18the awareness issue related to a proposed provision that did not yet contain the word inviolable.

01:29It is obvious that absolute divorce is absolutely prohibited under the 1987 Constitution.

01:39In short, an absolute divorce law would be unconstitutional,

01:45no matter how beautifully worded, or embellished, or made attractive.

01:50But the retired Supreme Court Associate Justice and former Ombudsman Conchita Carpio Morales,

01:56doesn't the Constitution also guarantee equal protection?

01:59And shouldn't the Constitution also look at its entirety,

02:03but instead of just a summary of one provision,

02:06Morales mentioned the Islamic law where divorce is allowed.

02:11The Muslim Code of Personal Laws applies to those who believe in Islam,

02:17while the majority of Filipinos is not a classification that would render inapplicable

02:25the right to equal protection of the law.

02:28Those who need a divorce law are similarly situated,

02:32mired in a dysfunctional family,

02:35and in physical, emotional, and financial oppression by a spouse.

02:42Surely the majority of Filipinos deserve remedy to such situations.

02:48For GMA Integrated News, I'm Dan Otengco, for 24 Hours.

Saligang Batas, dapat amyendahan kung maisasabatas ang Divorce Bill ayon sa isa sa framers ng 1987 Constitution | 24 Oras

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