SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ‘18 MAR 14 P4:26

SENATE ECENcos fp
S.B.No. 1745 yo

Introduced by Senator JUAN MIGUEL F. ZUBIRI

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AN ACT
RECOGNIZING THE CIVIL EFFECTS OF CHURCH DECREED ANNULMENT

EXPLANATORY NOTE

As enshrined in the 1987 Constitution, the State recognizes marriage as an inviolable
social institution’. As marriage is the foundation of the family, the State shall defend the right of
‘spouses to found a family in accordance with their religious convictions.

In the Philippines, more than eighty-six percent (86%) of the population is Roman Catholic
while four percent (4%) are from Muslim minority.? In a predominantly Catholic or Christian
Philippines, marriage is also a religious act. Although it is a religious act, marriage solemnized in
the church is recognized by the State. Corollarily, the State should also recognize the annulment
of marriage granted by the church.

Similar to this principle is the recognition the State gives to divorce under Islamic Laws
through Presidential Decree No. 1083. Thus, there should also be State recognition of annulments
granted by the Church or by any duly recognized religious denomination, consistent with the
principle of equality before the law.

Although divorce remains a contentious issue in the Catholic Church, annulment of
marriage is allowed. However, the process is both inefficient and arduous depending on the
nature of the case and the available evidence. As a result, the annulment process can take years
to conclude. In September 8, 2015, Pope Francis released two motu proprio documents that were
meant to make the annulment process more efficient.? The date of effectivity for the documents
was December 8, 2015.

Given the strides taken by the Church to improve the efficiency of the annulment process
and the State’s principle of equality before the law, this bill proposes to recognize church
annulments to have the same effect as an annulment declared by a competent court.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

MIGUEL F. ZUBIRI

+ article XV Section 1 of the 1987 Philippine Constitution

2 Asia Society, Religion in the Philippines (https://asiasociety.org/education/religion-philippines)

® Akin.J., Pope Francis Reforms Annulment Process (https://www.catholic.com/magazine/online-edition/pope-
francis-reforms-annulment-process-9-things-to-know-and-share)



SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) 18
Second Regular Session R14 P4 26

SENATE os o—
s.B.No._1745_

Introduced by Senator JUAN MIGUEL F. ZUBIRI

AN ACT
RECOGNIZING THE CIVIL EFFECTS OF CHURCH DECREED ANNULMENT

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

SECTION 1. This Act shall be known as the "Church Decreed Annulment Act”.

SEC. 2. Whenever a marriage, duly and legally solemnized by a priest, minister,
imam, rabbi or presiding elder of any church or religious sect in the Philippines is
subsequently annulled or dissolved in a final judgment or decree in accordance with the
canons or precepts of the church or religious sect, the said annulment or dissolution shall
have the same effect as a decree of annulment or dissolution issued by a competent
court.

SEC. 3. The final judgment or decree of annulment or dissolution issued by the
Proper church or religious sect shall be recorded in the appropriate civil registry within
thirty (30) days from issuance of said final judgment or decree of annulment or
dissolution.

SEC. 4. Either of the former spouses may marry again after complying with the
requirements of the preceding paragraph and Article 52 of Executive Order No. 209 or the
Family Code of the Philippines, otherwise, the subsequent marriage shall be null and void.

In securing a marriage license, the spouse involved must present a certified true
copy of the said final judgment or decree of declaration of nullity, annulment or
dissolution of marriage registered with the appropriate civil registry.

SEC. 5. All laws, decrees, executive orders, rules and regulations or parts thereof
inconsistent with or contrary to the provisions of this Act are deemed amended, repealed

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or modified accordingly.

SEC. 6. If any part or provision of this Act is held unconstitutional or invalid, other
parts or provisions hereof which are not affected shall continue to remain in full force and
effect.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in any

newspaper of general circulation.
Approved,

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