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Seventeenth Congress A

First Regular Session Oe
HOUSE OF REP! ‘ATIVES

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Introduced by Representative H. Harry L. Roque Jr.

EXPLANATORY NOTE
Executive Order No. 209, or the Family Code of the Philippines, Article 18, provides:
ARTICLE 18. In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down the particulars thereof

and his findings thereon in the application for marriage license, but shall

nonetheless issue said license after the completion of the period of publication,

unless ordered otherwise by a competent court at his own instance or that of

any interested party. No filing fee shall be charged for the petition nor a

corresponding bond required for the issuance of the order.

‘The provision mandates the local civil registrar to note down his findings that an
impediment to the marriage exists in the application for the marriage license. However, the
law does not provide for the attachment of the application when the license is issued. As a
resuilt, marriages to which there is an impediment may be solemnized.

This bill seeks to prevent a situation wherein the solemnizing officer celebrates the

marriage even with the existence of an impediment that renders the marriage void.”

H. HARRY L. ROQUE JR.

"This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, First
Regular Session.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REP! ‘ATIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, ALSO KNOWN AS
‘THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 18

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

SECTION 1. Article 18 of Executive Order No, 209, also known as the Family Code
of the Philippines, is hereby amended to read as follows

“ARTICLE 18. In case of any impediment known to the local civil

registrar or brought to his attention, he shall note down the particulars thereof

and his findings thereon in the application for marriage license, but shall

nonetheless issue said license WITH THE CORRESPONDING

APPLICATION FOR SUCH after the completion of the period of

publication, unless ordered otherwise by a competent court at his own instance

or that of any interested party. No filing fee shall be charged for the petition

nora corresponding bond required for the issuance of the order.”


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SECTION 2. Separability Clause. ~ If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.
SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent

with the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,

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