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PREPOSITION: Why is a marriage contract with an expiration not beneficial?

FOR THE AFFIRMATIVE

I. CONSTITUTIONALITY
To begin with, Article 1 of the Family Code provides that:
“Marriage is 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. It is the foundation of the
family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix property
relations during the marriage within the limits provided by this code.”

As stated above, Marriage is a permanent union between a man and a


woman governed by law. Upon the solemnization of the marriage, only
a judicial proceeding for nullity of marriage can invalidate the
marriage since the Philippines adheres to Civil Law and not Common
Law. In our jurisdiction, a judicial pronouncement of nullity of
marriage is required before a person can re-marry. Absent this
requirement will not give the effect of nullity to the marriage. Further,
the 1987 Constitution provides that the state recognizes and protects
the sanctity of family life because a family is a basic social institution
which is the very foundation of nation building. Without the family,
the constitutional mandate to safeguard and protect the youths
cannot be approximated. In the very long line of decided cases by the
Supreme Court, it was pronounced that Marriage is not subject to
stipulation because by doing so, the purpose of permanent bond and
union between the parties will be defeated.
II. BENEFICIALITY
Marriages with stipulations will give a negative impact to our society
wherein the notion of getting married without assurance and surety of
plans, as well as commitment, since time will come that marriages
will expire if the preposition should be passed into a law, will give rise
to adulterous and bigamous marriages. A marriage is considered
bigamous if it is contracted while the previous marriage still has force
and effect. In order for a valid marriage to be declared null and void,
the parties must resort to judicial proceedings as stated in Article 53
of the Family Code. To shed light on this predicament, a simple
question will suffice the vehement object of this side on why would a
marriage contract which has an expiration period be unlawful and
disadvantageous, is the act contrary to law and public policy? We
answer with a resounding YES. Deduced from all the inessentials, the
crux of this issue pertains to the validity of a marriage license with an
expiration. In numerous cases decided by the Supreme Court, the
controlling doctrine speaks of the permanent union wherein the
exchanging of vows explicitly states “Till Death Do Us Part” is an
absolute union, unless voided by the courts of law. The separation of
the spouses requires legal intervention since the language of the law
needs to be interpreted not in it’s literal meaning, but from the words
and spirit of the law governing Granting in arguendo, that the party
seeking relief of nullity of marriage already has o

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