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Republic of the Philippines ‘3 RECEIVED 2
HOUSE OF REPRESENTATIVES

Quezon City
EIGHTEENTH CONGRESS
First Regular Session.

HOUSE BILL No._ 2970

Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

EXPLANATORY NOTE

When God said: It is not good that the man should be alone; I will
make him an help meet for him (Genesis 2:18, KJV); the man shall leave his
father and mother and shall cleave unto his wife and they two shall be one
flesh (Genesis 2:24, Matthew 19:5, Mark 10:7; Ephesians 5:31, KJV), He
was ordaining marriage and declaring it as a solemn and inviolable social
institution. When He said: what therefore God hath joined together, let no
man put asunder (Matthew 19:6, KJV), God was declaring to mankind that
marriage is His own personal act and authority. In effect, God is the one that
joins and binds a man and a woman to marriage, for He did not say: “what
man hath joined together xxx”, thus marriage is a divine, spiritual act and
institution.

Of all human institutions, God has put up the church and not the State
to carry out His commandments, commissions, instructions and statutes.
Thus, we have the separation of church and State which is declared and
guaranteed by our Constitution, under which what is divine and spiritual is
within the exclusive jurisdiction and supreme authority of the church, as
secular matters belong to the State.


Accordingly, church ministers, priest, rabbis and imams derive their
authority as such from divine law and not form secular law. They should not, *
therefore, secure authority or license to solemnize marriage from the
government, and government’s responsibility and authority should be
limited to the issuance of marriage license and the registration of marriages
and the names of church ministers, priests, rabbis and imams authorized by
the church to solemnize marriage.

It is, therefore, the aim of this Bill to free church ministers, priests,
rabbis and imams from the requirement of government-license to enable
them to solemnize marriage; hence, its immediate. Passage is earnestly

requested.

M. ABANTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2070
HOUSE BILL NO.

‘ Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

AN ACT

, EXEMPTING CHURCH MINISTERS, PRIESTS, RABBIS AND IMAMS
FROM SECURING GOVERNMENT LICENSE TO SOLEMNIZE
MARRIAGE, FURTHER AMENDING EXECUTIVE ORDER NO. 209
OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES,
ACT NO. 3815 OTHERWISE KNOWN AS THE REVISED PENAL
CODE OF THE PHILIPPINES, ACT NO. 3753, AN ACT TO ESTABLISH

« A CIVIL REGISTRAR, AND NATIONAL STATISTICS OFFICE
ADMINISTRATIVE ORDER NO. 1, AND FOR OTHER PUPROSE.

Be it enacted by the Senate and the House of Representatives of the
Philippines in session assembled:

SECTION 1. Declaration of Policy. — It is the policy of the State to
give full meaning to the separation of the church and State and to the
solemnity and divine nature of marriage, and to recognize the supreme and
ultimate authority of the church over divine and spiritual matters. Towards
this end, the State shall see to it that the authority of a church minister,

« priest, rabbi or imam to solemnize marriage shall come from the church or
teligious sect to which he belongs without the need of government license.


SEC. 2. Art. 7 of Executive Order No. 209 is hereby amended to read

as follows:

“Art. 7. Marriage may be solemnized by any:

(a) minister, priest, rabbi or imam of any church or religious
sect duly authorized by his church or religious sect acting
within the limits of the written authority granted him by his
church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer’s
church or religious sect or to the church or religious sect that

gave the solemnizing officer such authority;

(b) ship captain or airplane chief only in cases mentioned in
Article 31 of Executive Order No. 209; or

(c) military commander of a unit to which a chaplain is
assigned, in the absence of the latter, likewise only in cases
mentioned in Article 32 of Executive Order No. 209”.

SEC. 3, Authority to solemnize marriage. — A church minister, priest,
rabbi, or imam who desires to solemnize marriage shall secure a written
authority specifically for the purpose from the church or religious sect to
which he belongs. Such written authority shall be valid and effective for a

; period of three (3) years counted from the date thereof, after which date the

same shall be deemed automatically cancelled, unless sooner withdrawn,
cancelled or suspended by such church or religious sect. It shall be duty of
the church or religious sect giving such authority to register the name of the
minister, priest, rabbi or imam given authority to solemnize marriage with
the Philippines Statistics Office within ten (10) days from the issuance of the
authority.


SEC. 4. Duty to register. - The church or religious sect shall forward
to the Philippines Statistics Office the list of church ministers,
priest, rabbis or imams issued written authority to solemnize marriage
together with a copy of such authority within ten (10) days from issuance

“thereof. Upon receipt thereof, the Philippines Statistics Office shall

immediately register the names of such church ministers, priests, rabbis or
imams in a Book especially intended for the purpose, and thereafter shall
immediately issue a Certificate to that effect. No other document, paper or
instrument shall be required to be submitted other than such list and written
authority: Provided, That the Philippines Statistics Office shall not register
any church minister, priest, rabbi or imam who has been convicted by final

judgment of any crime or violation of this Act.

SEC. 5. Penal Provision. — No church minister, priest, rabbi or imam
shall be allowed to solemnize any marriage in the Philippines unless he has
been issued a valid and effective written authority to solemnize marriage by
the church or religious sect to which he belongs and that his name is
registered by such church or religious sect with the Philippines Statistics
Office: Provided, That failure to so register with the Philippines Statistics
Office shall not affect the validity of the marriage solemnized, without
prejudice to the criminal liability of such minister, priest, rabbi or imam, and
the person who failed to register such minister, priest, rabbi or imam with
the said office.

SEC. 6. — Any church minister, priest, rabbi or imam who shall
solemnize any marriage without valid and effective written authority for the
Purpose issued by the church or religious sect to which he belongs, or with
expired, withdrawn, cancelled, or suspended written authority, or without
being registered with the Philippines Statistics Office as required under
Sections 3 and 4 hereof, shall, upon conviction, be penalized with
imprisonment of not less than two (2) years nor more than six (6) years and
to pay a fine of not less than Fifty Thousand Pesos (Php50,000.00) nor more
than One Hundred Thousand Pesos (Php100,000.00), without prejudice to

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such sanction or sanctions as the church or religious sect to which such

minister, priest, rabbi or imam belongs may impose.

SEC. 7. Separability Clause. — If for any reason any section or
provision of this Act, or any portion thereof, or the application of such
section or provision or portion thereof to any person, group or
circumstances, is declared invalid ot unconstitutional, the remaining
provisions of this Act shall not be affected by such declaration and shall
remain in force and effect.

SEC. 8. Amendatory Clause. — The pertinent provisions of Executive
Order No. 209, Act No. 3815 and National Statistics Office Administrative
Order No. 1 in so far as they are inconsistent herewith are hereby expressly
amended or modified accordingly.

Sec. 9. Repealing Clause.- The provisions of other laws, decrees,
executive orders and other issuances, rules and regulations inconsistent with
this Act are hereby repealed, amended or modified accordingly.

Sec. 10. Effectivity Clause. — This Act shall take effect fifteen (15)

days after its publication in at least two (2) newspaper of general circulation.

Approved,