Urging Government Recognition of Church Annulment of Marriage

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A high-ranking member of the Philippine clergy, Auxiliary Bishop Nolly Buco of Antipolo, has recently launched a book that delves into the possibility of civil courts accepting marriage annulments granted by the Church. The book, titled “Freeing Distressed Couples from Guilt: The Need for State Recognition of the Church’s Declaration of Marriage Nullity,” was released at the Diocesan Shrine and Parish of Our Lady of the Abandoned in Marikina City.

Bishop Buco, who serves as the judicial vicar of the National Tribunal of Appeals, a Church office that handles marriage nullity cases in the Philippines, highlighted the pressing need for the State to recognize the validity of the Church’s marriage nullity declaration. He noted that the increasing number of estranged couples and un-annulled marriages, mainly due to the tedious and expensive process of civil marital annulment, calls for urgent action.

The book addresses the issue at hand, emphasizing the current reality that countless marital breakdowns are denied closure through civil annulment. Buco points out two primary reasons for this: the lengthy and burdensome procedure, as well as the associated costs. Consequently, a significant portion of the broken marriage population in the country, particularly the poor, is forced to remain estranged and un-annulled, perpetually burdened with guilt.

Highlighting the Philippine Constitution’s recognition of marriage as the foundation of the State and its mandate to protect marriage as an “inviolable social institution,” Buco argues that a marriage solemnized by the Church should have both canonical and civil effects. He acknowledges the significant reforms introduced by Pope Francis in the canonical procedure for marriage nullity cases, streamlining many steps involved in the nullity process. These reforms include granting annulments in certain circumstances, such as spousal abuse or extramarital affairs.

As a priest and “pastor of souls,” Buco emphasizes that he cannot ignore these pitiful situations and leave couples in conjugal misfortune feeling cynical and embittered. He aims to stand alongside troubled and distressed couples, alleviate their burdens, free them from the bondage of guilt, and ensure their conscience is intact.

Buco’s book is a simplified version of his doctoral thesis at San Beda University Graduate School of Law, titled “The State Recognition of the Canonical Declaration of Marriage Nullity: A Juridico-Processual Presumption.” It provides a comprehensive analysis of the topic, offering insights and recommendations for addressing the issue at hand.

In support of Bishop Buco’s advocacy, Pampanga 2nd district Rep. Gloria Macapagal Arroyo commends him for publishing the book on marital issues. Arroyo has also sponsored House Bill 7960, known as “An Act Recognizing the Civil Effects of Annulment, Declaration of Nullity, and Dissolution of Marriages by Canon Law and for Other Purposes.” The bill acknowledges the Catholic Church’s authority to nullify marriages and proposes five grounds for the dissolution of marriage. These provisions have been incorporated into substitute House Bill 9350, which has passed the committee level and is due for debate on the floor.

Arroyo, a devout Catholic, expresses her opposition to divorce but acknowledges the reality that many Filipinos are living miserable lives due to marrying the wrong person or not being fit for marriage. She filed her bill with the awareness that annulment is the only means to free individuals from loveless and unhappy marriages.

In conclusion, Bishop Buco’s book sheds light on the urgent need for State recognition of marriage annulments granted by the Church in the Philippines. The current cumbersome and costly process of civil annulment leaves countless broken marriages unresolved, perpetuating guilt and distress among couples. Recognizing the importance of marriage as a social institution, Buco advocates for the State to acknowledge the validity of the Church’s marriage nullity declaration. With the support of lawmakers like Rep. Gloria Macapagal Arroyo, there is hope for reform that will provide relief to those trapped in loveless and unhappy unions.

Source: The Manila Times

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