MANILA (UCAN): Father Ranhilio Aquino, the dean of Benedictine-run San Beda Graduate School of Law, hit out at Philippine lawmaker, Edcel Lagman, on July 12, for refiling a divorce bill.
“Edcel Lagman, who has made himself notorious for advocating measures diametrically opposed to Catholic teaching, is at it again,” Father Aquino, a respected jurist and legal scholar, wrote on Facebook, adding “He has reignited the divorce debate by filing a bill in Congress that would allow divorce into the Philippine legal system. The paramount question, therefore, is whether we need it!”
“If the most ‘compelling’ argument is that we are the only jurisdiction that does not have it [divorce], the [non] argument is pathetic. It is nothing more than a perpetuation of the “gaya-gaya” [copycat] syndrome, or the sickening mantra today: “Sana all!” [I hope all],” Father Aquino wrote.
“It is also argued by its [the bill’s] proponents that divorce rescues the partners of failed marriages, trapped in a loveless, perhaps even harmful union. But we have laws that amply provide for such situations,” the priest pointed out.
Father Aquino said divorce could be opposed without resorting to theological or religious grounds but by the use of legal reasoning.
“Notice that I have not used theological or ecclesial arguments: no quotations from Scripture, no citations from Church doctrine. My point is clear: On the basis of rational thought, divorce does not seem to be a reasonable position,” he said.
He said that present laws were sufficient to cure dysfunctional or abusive marriages, thus, there is no need for divorce.
… marriage involves others. There are the children who are the very first victims of divorce, for no matter what its advocates say, the loss of a parent when the marriage vinculum is sundered is a traumatic experience for any child
Father Ranhilio Aquino
“If it is the safety of one spouse that is the concern owing to the abusive conduct of the other, the rules on legal separation can be invoked. Women and their children who are victims of domestic violence have a safe harbour that allows a woman facing threats or attempts at violence from an abusive partner or spouse to seek immediate protection orders,” he explained.
Present laws allow a woman and her child to seek a protection order from the court or in their local community to stop the abusive spouse from going near them for a number of days.
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Father Aquino said that the real purpose of divorce is to enable partners who have failed at marriage a second chance with new partners. In other words, it is betting that they will succeed when given a second chance.
Father Aquino pointed out that the children are the true victims of divorce, not the couple themselves.
“… marriage involves others. There are the children who are the very first victims of divorce, for no matter what its advocates say, the loss of a parent when the marriage vinculum is sundered is a traumatic experience for any child,” he said.
Catholic supporters of the bill, however, said that clergy opposing the divorce bill could never understand it is like to be in an abusive relationship because they themselves were not married.
“It’s easy for any priest to say that marriage should be preserved. But the truth remains that priests are not even married so they will never know how it is to live with someone who is so abusive. They really wouldn’t understand,” one Catholic from Manila, who wished to remain anonymous, said.
He also said that legal separation and other legal remedies were “expensive” that only the rich could afford.
“Legal separation and a case for declaration of nullity of marriage is tedious and involves a lot of money because there is a presumption on the validity of marriage. But if there is divorce law, the law on divorce erases that presumption,” he added.
