Saturday, April 13, 2013

Family Code: Infidelity no reason for deportation

Dear PAO,
I just want to know whether or not I can have my father deported from Saudi Arabia. He had an affair with another woman in Khamis, Saudi Arabia while he is married to my mother. Can you advise us on what we should do? Thank you.

Dear NRK,
Spouses are obliged to remain faithful to each other. Such obligation is expressly provided for under Article 68 of the Family Code of the Philippines: “The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” Mere distance should not serve as an excuse for both of the spouses to falter from their mutual responsibilities. Instead, distance should serve as a motivation for them to make their love for each other stronger.

In the situation you have presented before us, it is undeniable that your father has violated his legal obligation to your mother. He should not have had an affair with another woman. However, we do not see such violation as a sufficient ground in order to have your father deported from Saudi Arabia. To begin with, your father has the right to travel, like any of us, and such right is protected by no less than our Constitution. It may only be thwarted in the instances recognized under the law. As provided for under Section 6, Article III of the 1987 Philippine Constitution, “x x x Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”

Aside from the foregoing, it bears stressing that deportation mainly rests on the laws of the country where the alleged violator is. Accordingly, your father may only be deported by the government of Saudi Arabia if it is proven that he has violated a law of that country.

We would like to emphasize that we are not condoning what your father has done. As we have mentioned earlier, he has violated his obligation. Nonetheless, we must remain guided by our laws. In addition, we must respect the laws of other countries.

source:  Manila Times' Column by

No comments:

Post a Comment