Based on the document received by CBCPNews, annulment of marriages in the Philippines rose by more than 40 percent over the past 10 years -- from 4,520 cases in 2001 to 8,282 in 2010. On the average, at least 22 cases are being filed every day according to the document signed by Solicitor General Jose Anselmo I. Cadiz, the Assistant Solicitor General Karl B. Miranda and one Attorney Christer James Ray A. Gudiano.
One of the common grounds for legal separation or declaration of nullity is psychological incapacity, which can be found in Article 36 of the Family Code and can be cited as a ground for legal separation or nullity of marriage. Other grounds include lack of authority of the solemnizing officer, bigamous or polygamous marriages and marriages where one or both parties were below the marrying age allowed by law.It was learned that among those who filed for annulment, 61 percent were women with only 39 percent men.
"The study noted the longer the parties are married, the lesser chances of them seeking annulment of their marriage," the OSG document said.
Meanwhile, the head of the CBCP National Appellate Matrimonial Tribunal (NAMT) explained that annulment and nullity are not the same. He said nullity is about ab initio void marriages while annulment is regarding ab initio valid but invalidated marriages.
The 76-year-old prelate noted that OSG is said to intervene before the respective trial and appellate courts to "ensure that the interest of the State in the sanctity of marriage is protected" but the intervention is, however, not mandatory because the OSG is simply "authorized to intervene" and is even allowed to signify not only its "opposition" but also its "agreement" to a nullity/annulment decision.
He sadly noted the OSG is not even mandated to appeal the decision.
"That the fact remains that as a matter of fact, nullity/annulment decisions are not contested by the Office of the Solicitor General while collusion therein by the parties in causa is practically the norm," Cruz said.
He said marriage cases did not prosper when contested before the Supreme Court specifically under the nullity ground of "psychological incapacity" because the said Court observed Church jurisprudence in its decisions in marriage cases. The senior prelate called on well-meaning individuals to "check how much money goes into the hands of public officials concerned in the nullity/annulment of marriages, for affirmative reasons."
Meanwhile, President Aquino will continue to support modern family planning amid calls by the anti-Responsible Health (RH) Bill against its passage.
"The position of the President has not changed as far as I'm aware and I don't expect it to change," Presidential Communications Development and Strategic Planning Office (PCDSPO) Secretary Ramon Carandang said Saturday in an interview with reporters following the graduation rites at the Philippine National Police Academy (PNPA) in Silang, Cavite.
"The President's position has never changed on Reproductive Health. Again, I'm not talking specifically about the RH Bill but the President's position on modern family planning has not changed. The reason why we've been in dialogue with all the stakeholders is to try to explain these to them and the position remains the same," he said.
Carandang said that though there were thousands who have attended the anti- RH Bill rally Friday, he said a big number prefer to have access to modern family planning.
"I don't know the exact figure-but something close to 70 percent of people surveyed consistently say they want access to modern family planning," he said.
He, however, said they respect the right of those who attended the rally to voice out their opinion against the RH Bill.
Madel R. Sabater
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