Marriage and the Family in the Constitution

By Dr. Bernardo Villegas, member of the Philippine Constitutional Commission

Within the next six year, it is highly probable that the Philippine Constitution of 1987 will be amended most probably through a Constitutional Assembly rather than a Constitutional Convention which President Duterte and his advisers consider too costly.  Although the Duterte Administration will focus on such amendments  as changing the form of government from unitary to federal parliamentary and removing the restrictions against Foreign Direct Investments, it is possible that some members of Congress who will constitute the Con-Ass may be tempted to propose other amendments to any another provision or provisions.  As one of the members of the Constitutional Commission appointed by former President Cory Aquino to  draft the Philippine Constitution that was ratified in 1987, I would like to strongly suggest that there be provisions in the present Constitution that should not be touched and should be considered literally sacred.  Actually, one of the reasons I am happy that the present leadership decided to go the Con-Ass route is that there will be more reason to focus on a few amendments for speed and expediency rather than to completely revamp the entire Philippine Constitution of 1987, which will be too time consuming and may actually jeopardise the ratification of the revised Constitution by the Filipino people.

                 As a member of the Philippine Commission appointed by former President Cory Aquino, I spent most of my time  crafting with my Committee on the National Economy, of which I was Chairman, the provisions referring to the Philippine economy.   My most important contribution to the entire Constitution, however,  was to give my wholehearted support to the late Justice Cecilia Munoz Palma, President of the Constitutional Commission, who championed all the provisions regarding marriage and the family, as the most basic foundation of Philippine society.  Those of us who literally defended these provisions with our lives just wanted to be true to the words of the very Preamble of the Constitution which starts with  “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society…”  We considered it impossible to build a “just and humane society” without founding it on the Filipino family and on marriage as an “inviolable social institution”, which in turn is the foundation of the  family (see Section 1 of Article XV of the 1987 Philippine Constitution).

                The whole of Article XV should remain intact, especially those referring to the duties of the State to defend:

                -The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood.

                -The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions

                 prejudicial to their integral human development.

                -The right of the family to a family living wage and income; and

                -The right of family and family associations to participate in the planning and implementation of policies and programs that affect them.  This provision should especially

                 apply to the primary role of parents as the first educators of their children.

                Considering the increasing tendency of developed societies to consign the elderly to very impersonalised institutions for the aged, we should make sure we retain Section 4 of

Article XV which states that “the family has the duty to care for its elderly members…” without denying that the State has also the obligation to care for the elderly through just programs of social security.

                Even more untouchable are  those  provisions under the Declaration of Principles and State Policies (Article II) which refer to the family.  Among these is Section 12 which states that  “the State recognises the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.  It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and development of moral character shall receive the support of the Government.”  As I have pointed out in many occasions in support of legislation, “conception” here was defined by the majority of the members of the Constitutional Commission as the “fertilisation of the ovum” and not implantation.  This should help the Philippines to retain the honour of being one of the last countries in the world to criminalise the killing of unborn babies, the worst manifestation of the culture of death.  Unborn babies are the most defenceless among human beings.

                The inviolability of marriage is directly related to the provision of Section 13 of Article II which states that “the State recognises the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being.  It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.”  Myriad of studies of social sciences all over the world present evidence linking marriage to an impressive array of positive outcomes for children.  Both social and biological mechanisms seem to account for the value of an intact marriage in children’s lives.  From a sociological perspective, marriage allows families to benefit from shared labor within the household, income streams from two parents, and the economic resources of two sets of kin.  A married mother and father typically invest more time, affection, and oversight into parenting than does a single parent; as importantly, they tend to monitor and improve the parenting of one another, augmenting one another’s strengths, balancing one another’s weaknesses, and reducing the risk that a child will be abused or neglected by an exhausted or angry parent.  The trust and commitment associated with marriage also give a man and a woman a sense that they have a future together, as well as a future with their children.  This horizon of commitment, in turn, motivates them to invest practically, emotionally, and financially at higher levels in their children than cohabiting or single parents.  These findings are summarised in a publication entitled “Marriage and the Public Good” (The Witherspoon Institute, Princeton, New Jersey).  For comments., my email address is bernardo.villegas@uap.asia

See also: INROADS OF THE CULTURE OF DEATH: Disturbing data about family and life in the Philippines that call to action

THE POPE’S MOST IMPORTANT ADVICE TO YOUR FAMILY

Download one-page leaflet of this article here. 

Selected quotes from Pope Francis' Amoris Laetitia, Joy of the Family

 

IMPORTANCE OF MARRIAGE AND THE FAMILY

·   The welfare of the family is decisive for the future of the world and that of the Church.

·    Don’t you realize that the family throughout the world is in crisis? Don’t we realize that the falling birth rate in Europe is enough to make one cry? And the family is the basis of society. Do you not realize that the youth don’t want to marry? These are big problems. (Interview on the document)

I. CHRIST AND THE FAMILY

·   In and among families, the Gospel message should always resound; the core of that message, the kerygma [God loves us and is near us], is what is most beautiful, most excellent, most appealing and at the same time most necessary.

·   If a family is centred on Christ, he will unify and illumine its entire life.

·   Emphasis should be given to the importance of family spirituality, prayer and participation in the Sunday Eucharist, and couples encouraged to meet regularly to promote growth in their spiritual life and solidarity in the concrete demands of life.

·   It is essential that children actually see that, for their parents, prayer is something truly important.

·   A few minutes can be found each day to come together before the living God with a few simple words, this moment of prayer can do immense good for our families.

·   Many are touched by the power of grace experienced in sacramental Reconciliation and in the Eucharist, grace that helps them face the challenges of marriage and the family.

·   Every morning, on rising, we reaffirm before God our decision to be faithful, come what may in the course of the day.

II. LOVE AND MARRIAGE

·   It is important that marriage be seen as a matter of love, that only those who freely choose and love one another may marry. When love is merely physical attraction or a vague affection, spouses become particularly vulnerable once this affection wanes or physical attraction diminishes.

·   True love between husband and wife involves mu­tual self-giving, includes and integrates the sexu­al and affective dimensions.

·   Develop a routine that gives a healthy sense of closeness and stability through shared daily rituals. These could include a morning kiss, an evening blessing, waiting at the door to welcome each other home, taking trips together and sharing household chores.

·   There is growing danger represented by an extreme individualism which weakens family bonds.

·   The strength of the family lies in its capacity to love and to teach how to love. For all a family's problems, it can always grow, beginning with love.

·   What really makes us important is a love that understands, shows concern, and embraces the weak.

·   The spirituality of family love is made up of thousands of small but real gestures.

·   Love is ever ready to be of assistance.

·   Persevere in a love strengthened by the virtues of generosity, commitment, fidelity and patience.

·   Our loved ones merit our complete attention.

·   Greater emphasis on personal communication between the spouses helps to make family life more humane. 

III. PROCREATION AND CHILDREN

·      The word which appears most frequently in the Old Testament after the name of God, is "child". Lo, sons are a heritage from the Lord, the fruit of the womb, a reward.

·      Greater emphasis needs to be placed on the fact that children are a wonderful gift from God and a joy for parents and the Church. Through them, the Lord renews the world.

·      The couple that loves and begets life is a true, living icon capable of revealing God the Creator and Savior. For this reason, fruitful love becomes a symbol of God's inner life.

·      Large families are a joy for the Church.

IV. EDUCATION OF CHILDREN

·      It is important to reiterate that the overall education of children is a "most serious duty" and at the same time a "primary right" of parents. This is not just a task or a burden, but an essential and inalienable right.

·      What is most important is the ability lovingly to help children grow in freedom, maturity, overall discipline and real autonomy. Only in this way will children come to possess the wherewithal needed to fend for themselves.

·      Where are your children existentially: where they stand in terms of their convictions, goals, desires and dreams? Where is their soul?

·      It is important thing is to teach them sensitivity to different expressions of love, mutual concern.

·      Develop the habit of giving real importance to the other person.

·      It is important to train children firmly to ask forgiveness and to repair the harm done to others.

·      Distractions abound, including an addiction to television. This makes it all the more difficult for parents to hand on the faith to their children.

·      One of the most important tasks of families is to provide an education in hope. This does not mean preventing children from playing with electronic devices, but rather finding ways to help them develop their critical abilities. When children or adolescents are not helped to realize that some things have to be waited for, they can become obsessed with satisfying their immediate needs and develop the vice of “wanting it all now”. When we are taught to postpone some things until the right moment, we learn self-mastery and detachment from our impulses.

·      Sex education can only be seen within the broader framework of an education for love, for mutual self-giving.

·      It is always irresponsible to invite adolescents to toy with their bodies and their desires, as if they possessed the maturity, values, mutual commitment and goals proper to marriage.

·      Show a person that it is in his own interest to do what is right. Today, it is less and less effective to demand something that calls for effort and sacrifice, without clearly pointing to the benefits which it can bring.

·      Strengthening of the will and the repetition of specific actions are the building blocks of moral conduct.

·      Help children view the world with the love of Jesus and who can understand life as a call to serve God.

LAST ADVICE

·      May we never lose heart because of our limitations, or ever stop seeking that fullness of love and communion which God holds out before us.

Download one-page leaflet of this article here. 

These one-page leaflets have started going viral around the world. Leaflets were posted in the website of the Archdiocese of Westminster in London ("The Mother Church of England"), in the Corpus Christi Parish in Canada,  in Kenya and in Macau. To get the full collection, please see this: One Page Leaflets for New Evangelization Going Viral!
 

In-depth study: After divorce, 44% of women fell into poverty

MARRIAGE AND ECONOMIC WELL-BEING: THE ECONOMY OF THE FAMILY RISES OR FALLS WITH MARRIAGE
Research May 2011 of Family Research Council (found here)

Fagan pointed to the massive cost of divorce on society, noting, “If the government pledged to reduce family breakdown by just one percent, taxpayers would save around $1.1 billion dollars each year.”

Executive summary of research paper:
The income decline that follows divorce, particularly among women, is well documented. Divorcing or separating mothers are 2.83 times more likely to be in poverty than those who remain married.

Following a divorce, the parent with custody of the children experiences a 52 percent drop in his or her family income.

The children of divorced mothers are less likely to earn incomes in the top third of the income distribution, regardless of where in the income distribution their parents’ income fell.

The full research analysis can be downloaded here.

More data can be found here and here, detailing the figure of 44% of women falling into poverty.
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One of the best studies on the over-all effects of divorce is The Effects of Divorce on Children, by Fagan and Churchill, January 2012. It cites numerous studies.

This can be found here in this website: marri.us

You can download the study here:
  (Download PDF) (.pdf): Free
  (Download PDF-Executive Summary) (.pdf): Free

Executive Summary:
Each year, over a million American children suffer the divorce of their parents. Divorce causes irreparable harm to all involved, but most especially to children.
Divorce detrimentally impacts individuals and society in numerous ways across all major institutions.

• Family: Divorce permanently weakens the family and the relationship between children and parents. It frequently leads to the development of destructive conflict management methods, diminished social competence, the early loss of virginity, diminished sense of masculinity or femininity, more trouble with dating, more cohabitation, greater likelihood of divorce, higher expectations of divorce later in life, and a decreased desire to have children.
• Religious practice: Divorce diminishes the frequency of worship of God and recourse to Him in prayer.
• Education: Divorce diminishes children's learning capacity and educational attainment.
• The marketplace: Divorce reduces household income and deeply cuts individual earning capacity.
• Government: Divorce significantly increases crime, abuse and neglect, drug use, and the costs of compensating government services.
• Health and well-being: Divorce weakens children's health and longevity. It also increases behavioral, emotional, and psychiatric risks, including even suicide.

Divorce damages society and consumes social, human, and economic capital. Though it might be shown to benefit some individuals in some individual cases, overall it causes a temporary decrease in an individual's quality of life and puts some "on a downward trajectory from which they might never fully recover."