New ground for annulment eyed to make process simpler, cheaper

 

Social and religious factors aside, breaking loose of a marriage gone sour is difficult in the country with the law leaning towards preserving the union, a recent Balitanghali report said.

 

An annulment case may take an average of two years in court and some P350,000. Most decisions end up not in the favor of the couple or the spouse who seek it.

 

 

"Talagang ang view kasi ng Constitution natin at mga batas natin ay geared towards the preservation of marriage, so napakahirap [kumuha ng annulment]," said Unang Hirit resident family lawyer Gaby Concepcion in a separate interview in 2013.

 

She added that the cost of the process also varies in the length of the proceedings and number of hearings—with some cases even taking up to ten years—as well as in the credentials of the lawyer and, if needed, the psychologist or psychiatrist hired to help in the case.

 

Annulment has nevertheless become an option for many Filipino couples, with one out of five marriages ending up in splitsville.

 

Such is the case for Anna Olivar, a mother of three, who has been separated from her husband for seven years.

 

Without financial support from her children's father, who now has a kid by another woman, Olivar has become a working single mother. She said she is willing to spend on the proceedings if it means getting out of her legal bond with her estranged husband.

 

"Gusto kong mawala 'yung attachment ko sa kaniya," she told GMA News, "maibalik ko 'yung dati kong pangalan, makapagsimula ako ng bagong buhay."

 

Proposal for new ground

 

Considering such situations, Senator Loren Legarda filed last month Senate Bill 2225, which seeks to include another ground for annulment -- if the couple has been separated for five years.

 

Legarda, whose marriage to former Batangas Governor Jose Antonio Leviste was annuled in 2005, said the separation period serves as "the ultimate expression" of a couple's intention to secure annulment.

 

Currently, the Family Code of the Philippines (Executive Order No. 209) considers six valid grounds for annulment, including:

* lack of parental consent,

* insanity,

* fraud,

* force, intimidation, or undue influence,

* impotence, and

* sexually transmittable diseases.

 

Under SB 2225, “a marriage may also be annulled if the parties have been separated in fact for at least five years” provided that the parties “shall both be required to present affidavits or certifications from parents, children of legal age, and other relatives attesting to the fact of the separation period without prejudice to whatever documents the court may further require.”

 

The proposal, which may help expedite the backlog of annulment and declaration for nullity cases in courts, is a welcome change in the tedious process, said annulment lawyer Galeleo Angeles.

 

"It's about time for people to be able to exercise their choice," he told GMA News.

 

Infidelity, concubinage

 

Meanwhile, despite its impact on a marriage, cheating on one's spouse is not considered a ground for annulment. Instead, adultery (for a woman) and concubinage (for a man) are considered criminal charges. 

 

Adultery, "committed by any married woman who shall have sexual intercourse with a man not her husband," is punishable by imprisonment of two years and four months up to six years.

 

On the other hand, a sentence of six months and one day to four years and two months may be imposed on a man proven guilty of concubinage -- or keeping a mistress, either "in the conjugal dwelling" or in another place, or has sexual intercourse "under scandalous circumstances."

 

The heftier punishment on adultery, according to women's rights advocates, shows inequality in how the law see men and women.

 

"Hindi patas ang tingin nila, [na ang] babae ay eksklusibong pag-aari ng husband," said lawyer Rowena Guanzon of the Gender Justice Network.

 

Because of this, Gabriela Partylist revived its proposal to decriminalize adultery.

 

"Sinasabi ng ating lipunan na understandable kung lalaki ang nangangaliwa sapagkat gano'n naman talaga ang nature niya. Samantalang sa isang babae, hindi puwedeng patawarin ang babaeng nagkasala," said Gabriela Rep. Luzviminda Ilagan.

 

The proposal is now pending at the House committee on revision of laws. —Rose-An Jessica Dioquino/NB, GMA News