It takes the form of a compromise agreement or an affidavit. A layman's supposed iron clad license to cheat.
The contents are appalling in its frankness:
Parties will admit that both or one of them cheated or is already cohabiting with a partner not his/her wife/husband.
Parties agree that the marriage is a union of colliding values and extreme opposites. It is peppered with a number of irreconcilable differences and often results to abusive arguments. The marriage, based on both parties admission, had become a hell on earth.
Parties in an attempt to regain a semblance of sanity and peace of mind mutually agree to separate.
Parties will then divide the properties among themselves.
And they will promise to live their separate lives. They consent to their partners act of cohabiting with with another person. They will live an indiscreet life free from fear of lawsuits and harassment from the now estranged and "supposed" ex spouse. The belief springs from the knowledge that the affidavit is signed in the presence of a Barangay Captain or subscribed by a notary public.
OR so they think.
Marriage is no ordinary contract. It is a contract imbued with public interest.
In fact Artilcle 149 of the Family Code provides :
The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (emphasis supplied)
What does it mean? What is its implication?
This means that the compromise agreement, affidavit or proof of separation (as most would refer to these types of documents) is void.
It is a mere scrap of paper. A piece of evidence proving that the couples wasted their time, money and energy.
Equipped with this piece of paper, a party who will brandish it in court will not be afforded any protection. It will not shield him or her from a case of concubinage (pakikiapid kung ang lalaki at ang kabit ang kakasuhan) or adultery ( kung ang babae at ang kalaguyo ang kakasuhan) or a case for violation of anti - violence violence against women and children act.
The key concept that one should realize based on the notes above is this: MARRIAGE, THE DISSOLUTION OR END OF IT, CANNOT BE A SUBJECT OF AGREEMENT BETWEEN THE HUSBAND AND THE WIFE.
The romance may have dissipated and flame of passionate love may have turned into glowing embers but the lovers shackled by the bounds of marriage holds not the power to say "I give up!" nor the capacity to obliterate the marriage.
Only the State can nullify or annul a marriage. All of which are done through the court of law and not in some dinghy office of a notary public by virtue of a piece of paper prepared by a secretary who steals his boss' docket number. ;)
The contents are appalling in its frankness:
Parties will admit that both or one of them cheated or is already cohabiting with a partner not his/her wife/husband.
Parties agree that the marriage is a union of colliding values and extreme opposites. It is peppered with a number of irreconcilable differences and often results to abusive arguments. The marriage, based on both parties admission, had become a hell on earth.
Parties in an attempt to regain a semblance of sanity and peace of mind mutually agree to separate.
Parties will then divide the properties among themselves.
And they will promise to live their separate lives. They consent to their partners act of cohabiting with with another person. They will live an indiscreet life free from fear of lawsuits and harassment from the now estranged and "supposed" ex spouse. The belief springs from the knowledge that the affidavit is signed in the presence of a Barangay Captain or subscribed by a notary public.
OR so they think.
Marriage is no ordinary contract. It is a contract imbued with public interest.
In fact Artilcle 149 of the Family Code provides :
The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (emphasis supplied)
What does it mean? What is its implication?
This means that the compromise agreement, affidavit or proof of separation (as most would refer to these types of documents) is void.
It is a mere scrap of paper. A piece of evidence proving that the couples wasted their time, money and energy.
Equipped with this piece of paper, a party who will brandish it in court will not be afforded any protection. It will not shield him or her from a case of concubinage (pakikiapid kung ang lalaki at ang kabit ang kakasuhan) or adultery ( kung ang babae at ang kalaguyo ang kakasuhan) or a case for violation of anti - violence violence against women and children act.
The key concept that one should realize based on the notes above is this: MARRIAGE, THE DISSOLUTION OR END OF IT, CANNOT BE A SUBJECT OF AGREEMENT BETWEEN THE HUSBAND AND THE WIFE.
The romance may have dissipated and flame of passionate love may have turned into glowing embers but the lovers shackled by the bounds of marriage holds not the power to say "I give up!" nor the capacity to obliterate the marriage.
Only the State can nullify or annul a marriage. All of which are done through the court of law and not in some dinghy office of a notary public by virtue of a piece of paper prepared by a secretary who steals his boss' docket number. ;)
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