First, the dissent falls into a hasty generalization as no data whatsoever was shown to support what he intends to
prove. Second, We adhere to the presumption of good faith in this jurisdiction. Under the rules on evidence, it is
disputably presumed (i.e., satisfactory if uncontradicted and overcome by other evidence) that a person is innocent of
crime or wrong,[57] that a person intends the ordinary consequences of his voluntary acts,[58] that a person takes
ordinary care of his concerns,[59] that acquiescence resulted from a belief that the thing acquiesced in was
conformable to the law and fact,[60] that a man and woman deporting themselves as husband and wife have entered
into a lawful contract of marriage,[61] and that the law has been obeyed.[62] It is whimsical to easily attribute any illegal,
irregular or immoral conduct on the part of a Filipino just because he or she opted to marry a foreigner instead of a
fellow Filipino. It is presumed that interracial unions are entered into out of genuine love and affection, rather than
prompted by pure lust or profit. Third, We take judicial notice of the fact that Filipinos are relatively more forbearing
and conservative in nature and that they are more often the victims or at the losing end of mixed marriages.
And Fourth, it is not for Us to prejudge the motive behind a Filipino's decision to marry an alien national. In one case,
it was said:
Motives for entering into a marriage are varied and complex. The State does not and cannot dictate on the kind of life
that a couple chooses to lead. Any attempt to regulate their lifestyle would go into the realm of their right to privacy
and would raise serious constitutional questions. The right to marital privacy allows married couples to structure their
marriages in almost any way they see fit, to live together or live apart, to have children or no children, to love one
another or not, and so on. Thus, marriages entered into for other purposes, limited or otherwise, such as
convenience, companionship, money, status, and title, provided that they comply with all the legal requisites, are
equally valid. Love, though the ideal consideration in a marriage contract, is not the only valid cause for marriage.
Other considerations, not precluded by law, may validly support a marriage. [63]
The 1987 Constitution expresses that marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.[64] Nevertheless, it was not meant to be a general prohibition on divorce because
Commissioner Jose Luis Martin C. Gascon, in response to a question by Father Joaquin G. Bernas during the
deliberations of the 1986 Constitutional Commission, was categorical about this point. [65] Their exchange reveal as
follows:
MR. RAMA. Mr. Presiding Officer, may I ask that Commissioner Bernas be recognized.
THE PRESIDING OFFICER (Mr. Colayco). Commissioner Bernas is recognized.
FR. BERNAS. Just one question, and I am not sure if it has been categorically answered. I refer specifically to the
proposal of Commissioner Gascon. Is this to be understood as a prohibition of a general law on divorce? His intention
is to make this a prohibition so that the legislature cannot pass a divorce law.
MR. GASCON. Mr. Presiding Officer, that was not primarily my intention. My intention was primarily to encourage the
social institution of marriage, but not necessarily discourage divorce. But now that he mentioned the issue of divorce,
my personal opinion is to discourage it, Mr. Presiding Officer.
FR. BERNAS. No. my question is more categorical. Does this carry the meaning of prohibiting a divorce law?
MR. GASCON. No. Mr. Presiding Officer.
FR. BERNAS. Thank you.[66]
Notably, a law on absolute divorce is not new in our country. Effective March 11, 1917, Philippine courts could grant
an absolute divorce on the grounds of adultery on the part of the wife or concubinage on the part of the husband by
virtue of Act No. 2710 of the Philippine Legislature.[67] On March 25, 1943, pursuant to the authority conferred upon
him by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines and with the approval of the latter,
the Chairman of the Philippine Executive Commission promulgated an E.O. No. 141 ("New Divorce Law"), which
repealed Act No. 2710 and provided eleven grounds for absolute divorce, such as intentional or unjustified desertion
continuously for at least one year prior to the filing of the action, slander by deed or gross insult by one spouse
against the other to such an extent as to make further living together impracticable, and a spouse's incurable
insanity.[68] When the Philippines was liberated and the Commonwealth Government was restored, it ceased to have
force and effect and Act No. 2710 again prevailed.[69] From August 30, 1950, upon the effectivity of Republic Act No.
386 or the New Civil Code, an absolute divorce obtained by Filipino citizens, whether here or abroad, is no longer
recognized.[70]
Through the years, there has been constant clamor from various sectors of the Philippine society to re-institute
absolute divorce. As a matter of fact, in the current 17th Congress, House Bill (H.B.) Nos.
116,[71] 1062,[72] 2380[73] and 6027[74] were filed in the House of Representatives. In substitution of these bills, H.B.
No. 7303 entitled "An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines" or the Absolute