BAGUIO CITY March 31 – The government must make sure that the process of annulment in the country would be affordable and faster in the light of the revival of the proposal to make divorce lawful in the Philippines, Senator Francis Escudero said here.
Escudero pointed out annulment and divorce have almost similar grounds that is why instead of enacting the divorce law, lawmakers must instead venture into easing the annulment process by making it affordable and shortening the process of litigation and the rendering of the necessary decision.
“We prefer that the process of annulment be made affordable and faster instead of wasting our valuable time debating for the passage of the divorce law which would complicate things in the future,” Senator Escudero stressed.
The senator explained the only difference between divorce and annulment is that the reasons for the filing of divorce became apparent after marriage while, in the case of annulment, the reasons for the nullification of marriage existed before the marriage and became apparent after the marriage.
Senator Escudero asserted it is still important for couples to value the sanctity of marriage that is why passing the divorce law would run counter to the identity of the country as the only Christian nation in Southeast Asia.
According to him, he would rather work out the easing of the process of annulment by making it cheaper and for the litigation to be faster in order for the couples to achieve their desired decision within a certain period of time.
Parties in annulment cases need to spend a minimum of P500,000 up to P1 million in litigation cost and need to wait for several years for the decision to be rendered because the Office of the Solicitor-General tends to appeal court decisions up to the Supreme Court (SC).
Section 36 of the Family Code of the Philippines provides that a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Escudero cited couples seeking annulment of their marriages must be given due course by the appropriate courts and that the stringent requirements for annulment such as the battery of tests must also be made affordable in order to contribute in the aspiration of the parties for their marriage to be annulled for them to gain the freedom of looking for their appropriate partner in life.
He asserted he will oppose the approval of the proposed divorce bill once filed and subjected to deliberations in the Senate but he will initiate possible amendments to the existing provisions of the Family Code of the Philippines in order to provide annulment litigants access to the proceedings the most affordable way and the fastest means.
The senator appealed to the public not to misinterpret his stand on the two similar issues, saying that annulment is already recognized by law as a mode of nullifying a marriage and there is no reason for the government to add up to the options but instead make the mode cheaper and faster for the benefit of all concerned parties.
