Divorce

• Church and state do not agree on in dissolubility of marriage
• Church prohibits divorce, upholds sanctity of marriage

DAVAO CITY—Should legislators legalize divorce then canon law remains firm in its stand on the indissolubility of marriage.

“Church and civil laws cannot agree on divorce so there’s no point of meeting them together and agreeing on common grounds,” said Fr. Junar dela Victoria on the issue of legalizing divorce here in the country.

In an interview with DCHerald, Fr. Dela Victoria said that civil law and canon law are two different things, meaning, one cannot dictate over the other.

Fr. Dela Victoria who is the President of the Canon Law Society of the Philippines said the Church or Canon Law doesn’t allow divorce which is the breaking of marriage vows but only allows the nullity of marriage.

Nullity of marriage means that from the very beginning and due to different circumstances, the Church has declared that no marriage exists in the first place between couples seeking for nullity. Setting of Nullity of marriage is done in Matrimonial tribunal in the diocese.

Fr. Dela Victoria emphasized that the marriage in the church is a sacrament saying that “What God has joined together, let no one put asunder,” quoting the text from Mark 10:9.

He added that if civil laws will push for the legalizing of marriage, then the Church will still uphold its laws and protect the sanctity of marriage.

PROTECTING THE FAMILY

The professor of Moral Theology at St. Francis Xavier Regional Major Seminary of Mindanao, Fr. Reynaldo Retardo said legalizing divorce will only destroy the integrity of marriage and the family.

In an interview with DCHerald, Fr. Retardo said that divorce will make it convenient for those who are not certain of their commitment to their spouse to easily give up their marriage and commit again to another relationship.

Fr. Retardo said that though there are couples who want to escape from unhappy marriages, divorce will not solve those problems. The Philippines, a predominantly Catholic country, should show interest to protect the integrity and sanctity of marriage.

The Director of the Family and Life Apostolate of the Archdiocese of Davao said couples should be prepared and scrutinized before they decide to seek for marriage.

The preparations that couples undergo like Pre-Cana seminar should be given importance as well as the interview done by the priests in their respective parishes are a big help in order to let them understand their role as husband and wife and their role as parents.

HOW CHURCH NULLIFIES MARRIAGE

“A case always begins in the first instance in the diocese. If the judges say it’s null and void, it must be sent to the CBCP-NAMT for review. If the CBCP-NAMT agrees with the first instance, it’s done. The marriage is effectively declared null and void. Supposing the Court of Appeals says no then it goes to Rome. That takes a lot of time,” said retired Archbishop Oscar Cruz who is chair of the Catholic Bishops’ Conference National Appellate Matrimonial Tribunal (CBCP-NAMT).

It would take a case usually a year to be resolved except for some cases which can be resolved easily like if the couple later realized that they are first cousins.

In 2015, the pope has declared about the need to reform Church law in marital nullity trials.

While the Pope agrees on streamlining the procedure of the Church in nullifying marriages, the pope still affirms the longstanding Catholic teaching on the indissolubility of marriage.

Recent reforms in the trial of marriage cases in matrimonial tribunals do not change the Church’s teaching on unity of marriage.

Former CBCP President Archbishop Socrates Villegas said that while the Pope has opted to simplify and speed up the process for the declaration of marriages as null and void from the beginning, the doctrine about the sanctity of marriage and family remains ‘unchanged’.

“The declaration of nullity of marriages is not divorce,” he said.