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HOUSE OF REPRESENTATIVES M Ry

Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No.2 435

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT AMENDING TITLE I, CHAPTER 3, OF EXECUTIVE ORDER NO. 209,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES,
PRESCRIBING ADDITIONAL GROUNDS FOR ANNULMENT

EXPLANATORY NOTE

This bill seeks to acknowledge factual phenomena surrounding existing marital conditions
experienced by multiple unions. This bill offers multiple remedies to married couples who are seeking
an annulment of their marriage.

By adding additional grounds for annulment, this bill recognizes that married couples may
choose to continue separate lives after attempts at reconciliation have been exhausted. The bill
recognizes that five years of actual separation would make the couples estrange enough that a possible
reconciliation is nil. It also aims to provide protections to victims of rape, recognize validly obtained
decrees of absolute divorce in foreign jurisdictions, and recognize irreconcilable marital differences
and irreparable breakdowns of marriages. Marriages experiencing the aforementioned situations will
be granted the best relief that they can have, annulment. This will allow couples to go their separate
ways peacefully as no other reasons would be needed to justify the annulment, avoiding opening old
wounds.

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

LoneMistrict, Quirino


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

NINETEENTH CONGRESS
First Regular Session

* House Bill No.2435

Introduced by Representative Midy N, Cua
Lone District, Quirino

AN ACT AMENDING TITLE I, CHAPTER 3, OF EXECUTIVE ORDER NO. 209,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES,
PRESCRIBING ADDITIONAL GROUNDS FOR ANNULMENT

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

SECTION 1. Title I, Chapter 3 of Executive Order No. 209, otherwise known as the Family Code of
the Philippines, is hereby further amended to read as follows:

“TITLE I- MARRIAGE.
“CHAPTER 3 - VOID AND VOIDABLE MARRIAGES,

“Article 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other,
and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable;

(7) FIVE CONTINUOUS YEARS OF SEPARATION, WITH OR WITHOUT A
JUDICIAL DECREE OF SEPARATION; PROVIDED, THAT WHEN THE
SPOUSES ARE LEGALLY SEPARATED BY JUDICIAL DECREE UNDER
ARTICLE 55 OF THE FAMILY CODE OF THE PHILIPPINES, A TWO (2)


YEAR PERIOD FROM THE TIME OF THE ISSUANCE OF THE DECREE OF
LEGAL SEPARATION WILL SUFFICE;

(8) THE COMMISSION OF THE CRIME OF RAPE BY THE RESPONDENT-
SPOUSE AGAINST THE PETITIONER-SPOUSE, WHETHER BEFORE OR
AFTER THE CELEBRATION OF MARRIAGE;

(9) THE GROUNDS FOR LEGAL SEPARATION UNDER ARTICLE 55 OF THE
FAMILY CODE OR ANY OTHER SPECIAL LAW; PROVIDED, THAT,
PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT UNDER ARTICLE
55(1) NEED NOT BE REPEATED; PROVIDED FURTHER, THAT LESBIANISM
AND HOMOSEXUALITY PER SE UNDER ARTICLE 55(6) SHALL NOT BE A
GROUND, UNLESS EITHER OR BOTH SPOUSES COMMIT MARITAL
INFIDELITY;

(10) A FINAL DECREE OF ABSOLUTE DIVORCE VALIDLY OBTAINED IN A
FOREIGN JURISDICTION.

SEC. 2. Implementing Rules and Regulations. ~ The Department of Justice (DOJ), as lead agency,
together with the Department of Social Welfare and Development (DSWD), the Philippine
Commission on Women (PCW), the National Youth Commission (NYC), Children’s Welfare
Commission, the Office of the Solicitor General, two representatives from women's organizations
with proven track record in women and gender rights advocacy identified by the PCW, two
representatives from children's organizations with proven track record in child rights advocacy to be
identified by the NYC, and two gender and family law experts from the UP Law Center shall

promulgate the Implementing Rules and Regulations (IRR) within sixty (60) days after the effectivity
of this Act

SEC. 3. Separability Clause. ~ If any provision of this Act is held unconstitutional or invalid, all other
provisions not affected thereby shall remain valid.

SEC. 4. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations or parts thereof,
which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,