DATE 1g L205
Republic of the Philippines BY

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 201 8

Introduced by MA. RENE ANN LOURDES G. MATIBAG

Explanatory Note

The Family Code of the Philippines, enacted in 1987, lacks provisions for post-nullity
spousal support in cases of marriage declared void under Article 36 due to psychological
incapacity, despite its use as a de facto substitute for divorce (Family Code of the Philippines,
1987; Tan-Andal v. Andal, 2021). This gap is particularly pronounced under the Absolute
Community of Property regime, where equal partition of property may not address the ongoing
financial needs of a dependent spouse, leading to inequitable economic outcomes (Family Code
of the Philippines, 1987, Arts. 102, 147). This bill introduces Article 36-A to provide courts with
the authority to award spousal support based on need, capacity, and equitable considerations,
such as non-monetary contributions to the marriage. By aligning with the principles of justice
and equity, this Act ensures that the dissolution of a void marriage does not disproportionately
disadvantage one spouse, particularly those who sacrificed career opportunities for family
responsibilities.

The immediate approval of this bill is earnestly sought.

MA. RENE AN! }URDES G. MATIBAG



Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

‘Twentieth Congress
First Regular Session

2018

HOUSE BILL NO.

Introduced by MA. RENE ANN LOURDES G. MATIBAG

AN ACT AMENDING THE FAMILY CODE OF THE PHILIPPINES TO PROVIDE FOR
POST-NULLITY SPOUSAL SUPPORT IN CASES OF MARRIAGE DECLARED VOID
UNDER ARTICLE 36, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title.
This Act shall be known as the “Post-Nullity Spousal Support Act of 2025.”
SECTION 2. Declaration of Policy.

It is the policy of the State to promote equitable economic outcomes for spouses in the
dissolution of marital ties, recognizing the contributions of both parties to the marriage, whether
monetary or non-monetary, and ensuring that no spouse is left in undue financial hardship
following a declaration of nullity of marriage due to psychological incapacity under Article 36 of
the Family Code of the Philippines (Family Code of the Philippines, 1987). This Act addresses
the gap in the absence of alimony provisions to mitigate inequitable circumstances, particularly
for dependent spouses under the Absolute Community of Property regime.

SECTION 3. Amendment to the Family Code.


The Family Code of the Philippines is hereby amended by adding a new article, Article 36-A,
under Title I, Chapter 3, to read as follows:

Article 36-A. Post-Nullity Spousal Support

1. Grant of Support. In cases where a marriage is declared void under Article 36 due to
psychological incapacity, the court may order spousal support to be paid by one spouse to the
other, upon a showing of need and capacity to pay, to prevent undue economic hardship.

2. Criteria for Awarding Support. The court shall consider the following factors in determining
the amount and duration of spousal support:

- a. The financial needs and resources of both spouses, including income, earning capacity, and
share of the community property or separate property;

- b. The standard of living established during the marriage;

- c. The duration of the marriage;

= d. The age, health, and employability of the spouse seeking support;

- e. The contributions of the spouse seeking support to the marriage, including non-monetary
contributions such as homemaking, child-rearing, or support for the other spouse’s education or
career,

- f. The capacity of the paying spouse to provide support without undue financial burden;

~ g. Any other equitable considerations deemed relevant by the court.

3. Form and Duration of Support. Spousal support may be awarded as periodic payments, a lump
sum, or a combination thereof, for a duration deemed just and reasonable by the court. The court
may modify or terminate the support order upon a material change in circumstances, such as
remarriage, cohabitation, or significant improvement in the financial condition of the supported
spouse.

4. Source of Support. Spousal support shall be paid from the separate property of the paying
spouse or, in the absence of sufficient separate property, from their share of the community
property partitioned under Articles 102 or 147 of this Code (Family Code of the Philippines,
1987, Arts. 102, 147).

5. Interim Support. During the pendency of nullity proceedings under Article 36, the court may
order interim spousal support consistent with Article 49, to be charged against the Absolute
Community of Property or Conjugal Partnership of Gains, as applicable (Family Code of the
Philippines, 1987, Art. 49).


6. Non-Waiver of Rights. The right to seek post-nullity spousal support under this article may not
be waived by agreement, except as part of a court-approved settlement that ensures equitable
‘economic outcomes for both parties.

SECTION 4. Consequential Amendments.

1. Article 49. The existing Article 49 of the Family Code of the Philippines is amended to include
a reference to Article 36-A, to read as follows:

Article 49. Support During Pendency of Proceedings.** During the proceedings for annulment
or for declaration of nullity of marriage, the court shall provide for the support of the spouses and
their common children, consistent with the provisions of this Code. In cases of nullity under
Article 36, the court may also consider the provisions of Article 36-A for interim spousal support
(Family Code of the Philippines, 1987, Art. 49).

2. Article 198, The existing Article 198 of the Family Code of the Philippines is amended to
clarify its non-applicability to nullity cases under Article 36, to read as follows:

Article 198. Support in Legal Separation. In cases of legal separation, the court may order the
guilty spouse to provide support to the innocent spouse. This provision shall not apply to cases of
nullity under Article 36, where spousal support shall be governed by Article 36-A (Family Code
of the Philippines, 1987, Art. 198).

SECTION 5. Rationale and Legal Basis.

This Act addresses the gap identified in the Family Code, where the absence of alimony
provisions in nullity cases under Article 36, particularly under the Absolute Community of
Property regime, may result in inequitable economic outcomes for financially dependent spouses
(Family Code of the Philippines, 1987; Tan-Andal v. Andal, G.R. No. 196359, 2021)

SECTION 6. Implementing Rules and Regulations.

Within ninety (90) days from the effectivity of this Act, the Supreme Court, in coordination with
the Department of Justice and relevant stakeholders, shall promulgate the necessary
implementing rules and regulations to ensure the effective application of Article 36-A, including
guidelines for determining need, capacity, and equitable support awards.

SECTION 7. Separabi


If any provision of this Act is declared unconstitutional or invalid, the remaining provisions shall
remain in full force and effect.

SECTION 8. Repealing Clause.

All laws, decrees, executive orders, or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 9. Effectivity.

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