MANILA, Philippines - Ilocos Norte Rep. Rodolfo Farinas said yesterday Congress can approve a bill allowing divorce in the country, but if it becomes a law, the Supreme Court will surely strike it down as unconstitutional.
“A divorce law could be easily challenged as unconstitutional before the Supreme Court,” he said.
Fariñas said Article XV Section 2 of the Constitution titled “The Family” provides: “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.”
He said the Constitution unequivocally declares that marriage is an “inviolable social institution” and that the state, including Congress, “shall protect it.” “So how could the State or Congress pass a law destroying or violating marriage?” he said.
Fariñas said the constitutional provision on the inviolability and sanctity of marriage should first be amended before Congress can enact a law allowing divorce.
He made the statement as women’s party-list group Gabriela announced that it would file again the divorce bill that previous Congresses have refused to pass.
The group said allowing divorce would give married couples another remedy that they can avail themselves of if their differences become irreconcilable.