Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 224

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
RECOGNIZING THE CIVIL SOLIDARITY PACT OF COUPLES, PROVIDING
FOR THEIR RIGHTS AND OBLIGATIONS, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article III, Section 1 of the 1987 Constitution provides that “No person shall be
deprived of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.” This affirms the duty of the Statc to safeguard the rights and
liberties of all individuals, regardless of their personal or domestic choices.

Recent data from the Philippine Statistics Authority showed a shift in Filipino family
structures. In 2023, 15% of the population was in cohabiting relationships, which is a
significant increase from 9% in 2015. Furthermore, the PSA reported that approximately 5
million more unmarried couples were cohabiting in 2020 compared to five years prior. These
statistics reflect an evolving societal norm where more individuals are choosing to build lives.

together outside the bounds of a formal marriage.

Despite this reality, existing Philippine laws provide limited legal reco;
protection to couples in long-term, unmarried partnerships. As a result, these individuals are
often left without basic rights and protections related to property, health decisions, inheritance,

and mutual support. Love knows no bounds, yet within the legal framework of the Philippines,


a gap exists that fails to fully recognize and protect the rights of couples who opt for
cohabitation.

With this, there is a clear and pressing need for a legal framework that acknowledges
and safeguards the rights and responsibilities of couples who opt to enter into committed
partnerships outside of a marriage. This proposed legislation seeks to establish a Civil
Solidarity Pact, which is a voluntary and legally recognized agreement between two individuals
that confers specific rights and obligations similar to, but distinct from, those associated with

marriage.

Furthermore, there are comparable models that are being implemented in other
countries. For instance, the Pacte Civil de Solidarité (PACS) in France was introduced in the

late 1990s. It provides couples with legal reco; n and rights similar to marriage but does

not carry the same cultural or religious significance. This proposed measure is a significant

step toward equality, inclusivity, and respect for diverse family arrangements.

In view of the foregoing, the approval of this measure is earnestly sought.

CRISPIN Gt ” D. REMULLA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO._224

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
RECOGNIZING THE CIVIL SOLIDARITY PACT OF COUPLES, PROVIDING
FOR THEIR RIGHTS AND OBLIGATIONS, AND FOR OTHER PURPOSES:

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

SECTION 1. Short Title. - This Act shall be known as the “Solidarity Pact Act.”

SEC.2. Declaration of Policy. - It is the policy of the State to value the dignity of every
human being and guarantee full respect of human rights. Towards this end, the State shall give
full support to the welfare and well-being of couples, regardless of gender, who are in a
relationship and are denied their rights and obligations on account of absence of legal
provisions that recognize their relationship and amply provide for their protection.

SEC. 3. Defi

ion of Terms. - As used in this Act:

(a) Civil Solidarity Pact or Pact - refers to a legal relationship between two persons,
of cither the opposite or same sex, established pursuant to this Act:

(b) Partners - refers to individuals who formally enter into a civil solidarity pact in
accordance with the provisions of this Act;

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registrar of the city or municipality that allows the contracting parties, of either the same or

(c) Civil Solidarity Pact License - refers to a document issued by the local ci

opposite sex, and are habitually residing together. to legally enter into a civil solidarity pact;
(d) Civil Solidarity Pact Certificate - refers to a document that certifies that the
persons named on the certificate have established a pact in compliance with this Act;


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(e) Infidelity - refers to an act committed by any partner who shall have sexual
relations with a man or woman who is not his or her partner or by a man or woman who has
sexual relations with a person whom the offender knows to be in a civil solidarity pact, even if
the pact be subsequently declared void:

(f) _ Pre-civil solidarity pact agreement - refers to an agreement pertaining to the
property regime between prospective partners made in contemplation of establishing a civil
solidarity pact; and

(g) Property - refers to an interest, present or future, legal or equitable, vested or
contingent, in real or personal property, including income and earnings.

Solidarity Pact. - Any person who complies with the

requirements herein provided shall be allowed to register and enter into a civil solidarity pact,

SEC. 4. Recognition of

be bound by the obligations and responsibilities, and enjoy the protections and benefits
afforded by this Act. The rights of partners shall be recognized and respected.

Government documents and forms shall include and recognize the civil solidarity pact
in the civil status of individuals. Furthermore, the civil status of individual partners shall be
acknowledged and updated to include their registration in a civil solidarity pact, ensuring that
this status is reflected accurately across all legal and administrative records, if necessary.

SEC. 5. Requisites of Civil Solidarity Pact. - No pact shall be valid unless the
following requirements are present:

(a) Legal capacity of the contracting parties. For purposes of this Act, there is legal
capacity if the parties:

(i) Are at least twenty-one (21) years of age;

(ii) Are not prohibited to enter into civil solidarity pact by reason of public
policy, based on the grounds enumerated under Art. 37 and 38 of
Executive Order No. 209, as amended.

(iii) Are not part of any existing marriage or civil solidarity pact;

(b) Proof of sharing a common domicile for a minimum of five (5) uninterrupted
years at the time when the civil solidarity pact license is applied for as supported by competent
evidence;

(c) Consent freely given in the presence of the administering officer;

(d) Authority of the administering officer, unless such pact was contracted with
either or both parties believing in good faith that the administering officer had the legal
authority to do so;


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(c) A valid license to contract to contract a civil solidarity pact issued by and
obtained from the local civil registrar of the city or municipality where either party habitually
resides:

(1) Disclosure of significant financial obligations, including but not limited to

debts, alimony, and child support from previous relationshi

(g) _ Acivil solidarity pact ceremony which takes place with the personal appearance
of the contracting parties before the administering officer and their personal declaration. as
proof of consent freely given, that they take each other as legal partners in the presence of not

less than two (2) witnesses. No specific religious rite or form shall be required for purposes of

this requirement.

‘The absence of any of the requisites mentioned in this section shall render the civil
solidarity pact void ab initio. A defect in the requirements provided shall be a ground for the
dissolution of the civil solidarity pact.

The civil solidarity pact shall be established at the moment that the civil solidarity pact
is celebrated.

SEC. 6. Administering Officers; Religious Freedom. - The persons lawfully
authorized to solemnize marriage under Art. 7 of the Family Code of the Philippines, as
amended, shall likewise be authorized to administer the civil solidarity pact ceremony.

Nothing in this Act shall interfere with or regulate the religious practice of any religious

body. Any priest, rabbi, imam or minister of any church, sect or religious body is free to choose
whether or not to administer or officiate a civil solidarity pact ceremony.

SEC. 7. Civil Soli

ity Pact License and Certificate. - The requirements for and
prohibitions relative to, as well as the procedures in the issuance of a valid marriage license
and certificate provided for under Articles 9 to 23 and Articles 27 to 34 of the Family Code of
the Philippines, as amended, shall likewise be applicable in the issuance of a civil solidarity
pact license and certificate.

SEC. 8. Default Property Regime. - In the absence of a pre-civil solidarity pact
agreement or when the regime agreed upon is void, the regime of absolute community of

property shall be implemented.

9. Pre-Civil S

arity Pact Agreement. - Partners may, within the limits
provided for by this Act, fix their property relations by executing a pre-civil solidarity pact
agreement which shall be in writing, with a statement of assets annexed thereto, signed by both

parties, and contained in a public instrument.


Partners may choose between the system of absolute community of property, separation
of property, whether total or partial, or any other regime, as provided for in the Family Code
of the Philippines, as amended. Such regime shall govern their right to own, dispose of, possess,
administer, and enjoy properties, subject to modification through a petition filed in court, which
are not contrary to law, morals, good custom, public order, or public policy, given the nature
of their pact.

Any stipulation or agreement that is inimical to the interest of the civil solidarity pact
relative to sustenance and support for medical treatment, dwelling. food, clothing, and other
needs of the couple, or adversely affects the right of children to receive support, shall
automatically be declared void. Stipulations which are not contrary to law, morals, good
custom, public order, or public policy shall not be invalidated and shall remain effective.

A pre-civil solidarity pact agreement becomes effective upon the establishment of a

civil solidarity pact.

SEC. 10. Amendment or Revocation of Pre-Ci

Solidarity Pact Agreement. -
Upon the establishment of a civil solidarity pact, a pre-civil solidarity pact agreement may be
amended or revoked only by a duly notarized written agreement. freely, and consensually
emtered into, signed by the parties and approved by the court. The court’s role is to ensure that
the amendment or revocation of the property regime is consensual.

The burden of proof to set aside a pre-civil solidarity pact agreement shall be upon the
party alleging the agreement to be unenforceable. A pre-civil partnership solidarity pact
agreement shall be unenforced if the party seeking to set the same aside proves. by clear and
convincing evidence, that:

(a) The party executed the agreement involuntarily; or

(b) The party executed the agreement under duress, undue influence, or through
mistake or fraud; or

(c) The agreement was unconscionable at the time enforcement was sought; or

(d) The party, before execution of the agreement, failed to:

(i) Provide full and fair disclosure of the earnings, property, and financial
obligations of the other party;

(ii) Voluntarily and expressly waive, in writing, any right to disclose of the
property or financial obligations of the other party beyond the disclosure
provided:


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(iii) Have, or reasonably have had, an adequate knowledge of the
property or financial obligations of the other party; or

(iv) Consult with independent legal counsel and voluntarily and expressly
waive, in writing, the opportunity to consult with independent legal
counsel.

(c) In case of disagreement and the parties cannot settle the issue of
unconscionability of a pre-civil solidarity pact agreement, the issue shall be determined by the
court

If a partnership is declared void, an agreement that is otherwise a pre-civil solidarity
pact agreement shall be enforced only to the extent necessary to avoid an inequitable result

SEC. 11. Benefits and Protections of a Civil Solidarity Pact. - partners shall be
afforded the following benefits, protections, and responsibilities:

(a) Laws of marital relations, including donations by reasons of marriage, legal
separation, adoption, child custody and support, property division and maintenance, and
spousal support, shall apply to partners;

(b) Rights of partners with respect to a child of whom both become the parents of
during the terms of the civil solidarity pact, shall be the same as those of a married couple with
respect to their child;

(©) All contracts made between persons in contemplation of a pact shall remain in
full force after such pact takes place;

(d) A certified true copy of the record of the civil solidarity pact from the local civil
registrar having custody of the record shall be presumptive evidence of the pact for all legal
purposes;

(©) Laws relating to intestate succession, survivorship, or other incidents of the
acquisition, ownership or transfer, inter vivos or at death, of real or personal property. as
affecting parties to a marriage, shall likewise be applicable to partners;

() Causes of action related to or depended upon spousal status, including torts or
actions under contracts reciting, related to, or dependent upon spousal status may be availed of
by partners;

(g) Partners shall automatically have insurable interest over their respective
partners and may avail of benefits relating to insurance, health, and pension benefits provided
to married couples;

(h) Labor standards benefits and privileges accorded to employees based on marital
status shall likewise be accorded to employees who entered into a civil solidarity pact;


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(i) Benefits under tax laws relating to marital status shall be applicable to civil
solidarity pact partners; and

() Partners are covered by laws relating to immunity from being compelled to
testify against the other and bound by the marital communication privilege.

SEC. 12. Obligations of Partners. - Partners legally owe each other respect, fidelity,
support, and assistance. They are bound to live together and are jointly responsible in the
management of their household; exercise of parental authority, if applicable; the contribution
towards expenses; the maintenance of the civil solidarity pact residence; and other duties which
married couples are jointly responsible for.

Partners shall have the same obligations with respect to a child of whom both become
the parents of during the terms of the civil solidarity pact, as those of a married couple with
respect to their child as provided for in existing laws.

Infidelity as defined in Section 3 committed by either of the partners in a civil solidarity
pact shall be punished under this Act and shall constitute a ground for dissolution.

SEC. 13. Inheritance Rights. - For purposes of inheritance rights, a partner shall be
considered a compulsory heir of the other, who shall have the same rights and benefits accorded
to a husband or wife in Republic Act No. 386, otherwise known as the Civil Code of the
Philippines, as amended, the Family Code of the Philippines, as amended, and Republic Act
No. 8552, also known as the Domestic Adoption Act of 1998. Therc is a presumption that co-
ownership exists, unless otherwise proven, for properties acquired by the partners during the
civil solidarity pact. The surviving partner, upon the death of another, is entitled to one-half of
the co-owned properties. The other half constitutes the estate of the descendent for disposition
and liquidation.

SEC. 14. Adoption Rights. - Partners residing in the Philippines who have the
qualifications and none of the disqualifications may adopt if the requirements for a valid
adoption, as provided under existing laws, are complied with.

If the adopting partners are of the same sex, this fact alone shall not be considered as
proof of bad moral character.

The best interest and welfare of the child shall always be the paramount consideration
in deciding matters concerning the adoption of a child by partners.

SEC. 15. Social Security and Insurance Membership. - Partners shall have the same
rights and privileges as that granted to married couples with regard to application for social
security and other insurance membership and claiming entitlement to their benefits. The Social


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Security System, Government Service Insurance System, Philippine Health Insurance
Corporation, and other benefits-related state agencies shall restructure their benefits system to
accommodate parties to civil solidarity pacts and their corresponding dependents.

SEC. 16. Dissolution of Civil Solidarity Pact. - The procedures and grounds for legal
separation, annulment, and declaration of nullity of marriages under the Family Code of the
Philippines, as amended, shall be applicable in civil solidarity pacts. Further, the attempt
against the life of the partner shall also be a ground for the dissolution of the civil solidarity
pact.

Parties may, through a verified joint petition filed before the appropriate regional trial
court, move for the consensual termination of their civil solidarity pact. The petition must
include a joint plan for parenthood over common children, if any. The joint plan must provide
for the support and living arrangements of the common children. The court shall ensure its
enforcement and shall review the plan on an annual basis or as often as possible, in case the
need arises. An action for a joint petition for the termination of a civil solidarity pact shall not
be tried before six (6) months have elapsed since the filing of the petition. If the court
determines that the consent of both parties was freely given and that the joint plan for
parenthood is sufficient to protect the rights and interests of the common children, the court
shall grant the joint petition.

SEC. 17. Protection of Children in Case of Dissolution of Civil Solidarity Pact. -
To protect the rights and interests of children in the event of dissolution of the civil solidarity
pact, the court shall consider the following factors in so far as support for children, if applicable,
is concerned:

(a) Needs of the child;

(b) Standards of living and economic circumstances of each parent;

(c) All sources of income and assets of each parent;

(d) Earning ability of each parent, including education background, training,
employment skills, work experience, custodial responsibility for children including the cost of
providing child care and the length of time and cost of each parent to obtain training or
experience for appropriate employment;

(©) Need and capacity of the child for education, including higher education;

(f) Age and health of the child and each parent;

(g) Income, assets, and earning ability of the child;

(h) Responsibility of the parents for the court-ordered support of others;

(i) Reasonable debts and liabilities of each child and parent; and


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(Ano other factors the court may deem relevant.

The obligation to give support to a child who has not been emancipated by the court
shall not terminate solely on the basis of the child’s age if the child suffers from a severe mental
or physical incapacity that causes the child to be financially dependent on a parent. The
obligation to give support for that child shall continue until the court finds that the child is
relieved of the incapacity or is no longer financially dependent on the parent.

SEC. 18. Support Pendente Lite.

legal separation from a partner or annulment of the civil solidarity pact, the court may provide

In all actions brought for dissolution of a pact,

for support pendente lite. In so doing, the court shall consider the following factors, among
others:

(a) The actual need and ability of the parties to pay;

(b) The duration of the civil partnership;

(©) The age, physical, and emotional health of the parties;

(d) The standard of living established in the pact and the likelihood that each party

can maintain a reasonably comparable standard of living:

(e) The earning capacities, educational levels, vocational skills, and employability
of the parties;

(f) The length of absence from the job market of the party seeking maintenance;

(g) The parental responsibilities for the children;

(h) The time and expense necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment, the availability of the
training and employment, and the opportunity for future acquisitions of capital assets and
income;

(i) The history of the financial or non-financial contributions to the pact by cach
partner including contributions to the care and education of the children and interruption of
personal careers or educational opportunities;

G) The equitable distribution of property ordered and any payouts on equitable
distribution, directly or indirectly, out of current income, to the extent this consideration is
reasonable, just, and fair;

(k) The income available to either party through investment of any assets held by
that party; and

(1) Any other factors which the court may deem relevant.

For purposes of liquidation of earned assets and properties during the pact, household
support and assistance are deemed equivalent to actual work and industry.


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Dissolution of the pact shall not prejudice the right of children to legitimes under the
Family Code of the Philippines, as amended.

SEC. 19. Unlawful or Discriminatory Employment Practices. - The following are
declared as unlawful or discriminatory employment practices:

(a) For an employer, to refuse to hire or employ or to bar or to discharge or require

to retire, unless justified by lawful considerations other than age. from employment such

individual because of civil partnership status, or to discriminate against such individual in
compensation or in terms, conditions, or privileges of employment;

(b) For a labor organization to exclude or to expel from its membership such
individual because of civil partnership status, or to discriminate in any way against any of its
members, against any applicant for, or individual included in, any apprentice or other training
program or against any employee or any individual employed by an employer;

(c) For any employee or employment agency to print or circulate or cause to be
printed or circulated any statement, advertisement, or publication, or to use any form of
application for employment, or to make an inquiry in connection with prospective employment,

which expresses, directly or indirectly, any limitation, specification, or discrimination as to

I partnership status for employment;

(4) For any owner, lessee, proprietor, manager, superintendent, agent, or employee
of any place of public accommodation, directly or indirectly, to refuse, withhold from or deny
to any person any of the accommodations, advantages, facilities or privileges thereof. or
directly or indirectly to publish, circulate, issue, display, post, or mail any written or printed
communication, notice, or advertisement to the effect that any of the accommodations,
advantages, facilities, or privileges of any such place will be refused. withheld from, or denied
to any person on account of civil partnership status; and

(&) For any person, including any owner, lessee, sublessee, assignee, or managing
agent of, or other person having the right of ownership or possession of or the right to sell, rent,
lease, assign, or sublease any real property or part or portion thereof, or any agent or employee
of any of these to refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or
withhold from any person or group of persons any real property or part or portion thereof
because of civil partnership status.

SEC. 20. Penalty Provisions. -

(a) Any person who knowingly or willfully refuses to issue civil solidarity pact
licenses or certificates despite being authorized to do so; denies rights and benefits entitled to

civil partners; or commits unlawful, discriminatory employment practices, as provided for in


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this Act, shall be penalized by a fine of not less than One hundred thousand pesos (Php
100,000.00) but not more than Five hundred thousand pesos (Php 500,000.00) or imprisonment
of not less than one (1) year but not more than six (6) years, or both, at the discretion of the

court,

If the offender is a corporation or association, the officer responsible for the acts
enumerated in this Section shall be criminally and civilly liable.

If the offender is a public officer, prosecution under this Act shall be without prejudice
to the filing of any administrative case against the public officer under other existing laws.

(b) Any person who commits an act of infidelity while bound in a pact, as defined
in Section 3 of this Act, shall be punished by prision correcional in its medium and maximum
periods.

SEC. 21. Separability Clause. - If for any reason, any section or provision of this Act
is declared unconstitutional or invalid, the other sections or provisions which are not affected
shall continue to be in full force and effect.

SEC. 22. Repealing Clause. - Pertinent provisions of the Family Code of the
Philippines, as amended, the Civil Code of the Philippines, as amended, and the Domestic
Adoption Act of 1998, which are inconsistent with the provisions of this Act are hereby
amended accordingly. All other laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are also hereby
amended or repealed accordingly.

SEC. 23. Effectivity. - This Act shall take effect fifleen (15) days after its publication

in the Official Gazette or in a newspaper of general circulation.

Approved,

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