Marriage in the Philippines is not merely an ordinary contract which can be entered into

between a man and a woman. It is essentially valued by the Filipinos as they normally follow

different norms and traditions. However, the process of getting married in this country may not be

as simple as how some couples perceive it. As jurisprudence dictates, “Marriage is a lifetime

commitment. Marriage is not an adventure but a lifetime commitment.”1

Marriage, a sacrocant institution, declared by the Constitution as an “inviolable social

institution is the foundation of the family;” as such, it “shall be protected by the State.” In more

explicit terms, the Family Code characterizes it as “a special contract of permanent union between

a man and a woman entered into in accordance with law for the establishment of conjugal and

family life.” So crucial are marriage and the family to the stability and peace of the nation that

their “nature, consequences, and incidents are governed by law and not subject to stipulation.”

As a matter of policy, therefore, the absolute divorce of a marriage for the purpose of

contracting another cannot be accomplished merely on the basis of the perception of both parties

or of one that their union is so defective with respect to the essential requisites of a contract of

marriage as to render it void ipso jure and with no legal effect – and nothing more. Were this so,

this inviolable social institution would be reduced to a mockery and would rest on very shaky

foundations indeed. And the grounds for nullifying marriage would be as diverse and far-ranging

as human ingenuity and fancy could conceive. For such a socially significant institution, and

official state pronouncement through the courts, and nothing less, will satisfy the exacting norms

of society. Not only would such an open and public declaration by the courts definitively confirm

1
Santos vs. CA, 240 SCRA 20.
the nullity of the contract of marriage, but the same would be easily verifiable through records

accessible to everyone. The New Civil Code of the Philippines repealed divorce and the Family

Code of 1988 does not also provide for divorce in the Philippines.

The Philippine Constitution is committed to the policy of strengthening the family as a

basic social institution. Our family law is based on the policy that marriage is not a mere contract,

but a social institution in which the State is vitally interested. The State can find no stronger anchor

than on good, solid and happy families. The break-up of families weakens our social and moral

fabric and, hence, their preservation is not the concern alone of the family members (Tuazon vs.

CA, 256 SCRA 160; Republic vs. Cuison-Melgar, 486 SCRA 177).2

2
Ernesto L. Pineda, “The Family Code of the Philippines (Annotated),” 2011, Central Book Supply, Inc., Quezon City,
pp. 3-4.