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NewsTranscript
00:00The divorce bill has already been passed in the House of Representatives, even though it is still waiting to be passed in the Senate.
00:05But according to the former Chief Justice Hilario Davide Jr., one of the framers of the 1987 Constitution,
00:11the Constitutional Court must amend the law for this.
00:14The Constitution states that marriage is a social institution that is inviolable or cannot be destroyed.
00:21And the State has a mandate to protect it.
00:25Take note of the phrases.
00:29Special contract.
00:31This amendment cannot be done by ordinary legislation,
00:36but only by either of the three modes of proposing amendments to the Constitution.
00:43The misrepresentation was done by making it appear that marriage is only a social institution,
00:53not an inviolable social institution.
00:57They have forgotten the word inviolable, or that inviolable is not in the Constitution.
01:04One of the arguments in favor of the divorce was mentioned in a forum of the UP Law Foundation.
01:10The absence of any provisional provisions prohibiting it, even though there is no provision to approve it.
01:17But Davide said,
01:18the awareness issue related to a proposed provision that did not yet contain the word inviolable.
01:29It is obvious that absolute divorce is absolutely prohibited under the 1987 Constitution.
01:39In short, an absolute divorce law would be unconstitutional,
01:45no matter how beautifully worded, or embellished, or made attractive.
01:50But the retired Supreme Court Associate Justice and former Ombudsman Conchita Carpio Morales,
01:56doesn't the Constitution also guarantee equal protection?
01:59And shouldn't the Constitution also look at its entirety,
02:03but instead of just a summary of one provision,
02:06Morales mentioned the Islamic law where divorce is allowed.
02:11The Muslim Code of Personal Laws applies to those who believe in Islam,
02:17while the majority of Filipinos is not a classification that would render inapplicable
02:25the right to equal protection of the law.
02:28Those who need a divorce law are similarly situated,
02:32mired in a dysfunctional family,
02:35and in physical, emotional, and financial oppression by a spouse.
02:42Surely the majority of Filipinos deserve remedy to such situations.
02:48For GMA Integrated News, I'm Dan Otengco, for 24 Hours.