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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1558

Introduced by Representative WALFREDO R. DIMAGUILA, JR.

AN ACT
AMENDING ARTICLES 36 AND 45 OF EXECUTIVE ORDER NO. 209,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES, AS AMENDED, TO EXPAND THE GROUNDS AND
DEFINITIONS OF PSYCHOLOGICAL INCAPACITY AND
ANNULMENT, AND TO INSTITUTIONALIZE MECHANISMS FOR
EXPEDITED PROCEEDINGS

EXPLANATORY NOTE

Sa bawat tahanan ay may kuwento ng pagsasama—ng pagmamahalan, ng
sakripisyo, ngunit sa kasamaang-palad, minsan ay kuwento rin ng pagdurusa. Marami
sa ating mga kababayan ang natatali sa isang kasal na matagal nang walang saysay,
puno ng pananakit, panloloko, at kawalan ng pag-asa. Ngunit sa ilalim ng
kasalukuyang batas, ang kanilang tanging pag-asa—ang annulment o legal
separation—ay tila isang mabagal, magastos, at masalimuot na laban na pahirap sa
halip na ginhawa. Panahon na upang itama ito.

The current legal framework governing marital relations in the Philippines,
embodied in the Family Code of 1987, no longer adequately responds to the social,


psychological, and legal complexities of the Filipino family in the 21st century. While
crafted with noble intent, the law—over three decades later—has become a rigid and
outdated mechanism, often causing more harm than healing to those trapped in
broken marriages.

One of the most glaring issues is the overly narrow and inaccessible grounds
for nullity and annuiment of marriage. Psychological incapacity, while recognized
under Article 36, remains misunderstood and inconsistently applied. It has become a
Jegal labyrinth that prolongs the agony of spouses and children alike. Supreme Court
jurisprudence—particularly in Republic v. Molina, Ngo Te v. Yu-Te, and Tan-Andal v.
Andat-has clarified that psychological incapacity is a legal construct, not a medical
diagnosis, and may be proven through the totality of evidence. This bill codifies these
interpretations and provides concrete examples to demystify the standard and prevent
unjust denials of relief.

Equally urgent is the need to expand the grounds for annulment. This bill
introduces provisions to address evolving issues such as fraudulent marriages, gender
transition, changes in sexual orientation that fundamentally alter the marital
relationship, and patterns of psychological or economic abuse. These additions
acknowledge lived realities that the current Code unjustly excludes.

In this light, the continued existence of legal separation as a remedy has also
become redundant and counterproductive. Its grounds overlap with those for
annulment, yet it offers no definitive legal closure for the parties involved. It merely
prolongs conflict and uncertainty, particularly with respect to property, custody, and
support. By repealing Title II of the Family Code, this bill abolishes legal separation as
a judicial remedy and paves the way for more decisive legal relief.

At the heart of this bill is compassion and justice. Many petitioners endure three
to five years—or more—before obtaining legal relief. This is an unacceptable burden
for individuats and families already under emotional and financial strain. Hence, this


bill institutionalizes a streamlined, fair, and time-bound process for family court
petitions, mandating resolution within twelve (12) months and allowing digital filing,
summary procedures, and more liberal evidentiary rules.

Finally, this bill embraces the principles of equality, dignity, and non-
discrimination by removing antiquated and stigmatizing references to homosexuality
or lesbianism as grounds for annuiment. Instead, it focuses on actual harm and
disruption to marital obligations, such as concealment of material facts or significant
shifts in identity that render the relationship irreparably dysfunctional.

The time has come to liberate Filipino families from the chains of outdated legal
norms. The Family Code must evolve—humane in purpose, grounded in jurisprudence,
and responsive to reality. This measure is not about weakening marriage. It is about
restoring integrity, justice, and compassion to the law that governs it.



Corrs HR WKH

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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1553

Introduced by Representative WALFREDO R. DIMAGUILA, JR.

AN ACT
AMENDING ARTICLES 36 AND 45 OF EXECUTIVE ORDER NO. 209,
OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES, AS AMENDED, TO EXPAND THE GROUNDS AND
DEFINITIONS OF PSYCHOLOGICAL INCAPACITY AND
ANNULMENT, AND TO INSTITUTIONALIZE MECHANISMS FOR
EXPEDITED PROCEEDINGS

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

SECTION 1. Title. - This Act shall be known as the "Expanded Family Code
Reform Act."

SEC. 2. Amendment of Article 36. - Article 36 of Executive Order No. 209,
otherwise known as the Family Code of the Philippines, is hereby amended to read as
follows:

“Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential


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marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.

PSYCHOLOGICAL INCAPACITY SHALL ALSO INCLUDE THE
FOLLOWING:

(4)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

NARCISSISTIC OR ANTISOCIAL PERSONALITY
DISORDER;

SUBSTANCE ABUSE, ALCOHOLISM OR DRUG

ADDICTION;

GROSS INABILITY TO HOLD A JOB;

REFUSAL TO FORM A MARITAL BOND AND CONSUMMATE
THE MARRIAGE;

EXTREME IMMATURITY AND PARENTAL DEPENDENCE;
PROLONGED ABSENCE AND ABANDONMENT WITHOUT
JUSTIFIABLE CAUSE FOR A PERIOD OF AT LEAST THREE
(3) MONTHS;

COMPULSIVE SEXUAL INFIDELITY;

PHYSICAL, EMOTIONAL, AND ECONOMIC ABUSE;

SEVERE PARANOIA OR DETACHMENT FROM REALITY;

(10) PATHOLOGICAL LYING OR EXCESSIVE DECEPTION;


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(11) GROSS IRRESPONSIBILITY OR INABILITY TO PERFORM
PARENTAL DUTIES;

(12) INABILITY TO PERFORM MARITAL AND PARENTAL
DUTIES DUE TO GAMBLING;

(13) REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE
CONDUCT DIRECTED AGAINST THE PETITIONER, A
COMMON CHILD OR A CHILD OF THE PETITIONER, OR
ANY RELATIVE OF THE PETITIONER WITHIN THE 2ND
DEGREE OF CONSANGUINITY;

(14) PHYSICAL VIOLENCE OR MORAL PRESSURE TO COMPEL
THE PETITIONER TO CHANGE RELIGIOUS OR POLITICAL
AFFILIATION;

(15) ATTEMPT OF RESPONDENT TO CORRUPT OR INDUCE THE
PETITIONER, A COMMON CHILD, OR A CHILD OF THE
PETITIONER, OR ANY RELATIVE OF THE PETITIONER
WITHIN THE 2ND DEGREE OF CONSANGUINITY, TO
ENGAGE IN PROSTITUTION, OR CONNIVANCE IN SUCH
CORRUPTION OR INDUCEMENT;

(16) NOTORIOUS SEXUAL INFIDELITY OR PERVERSION;

(17) ATTEMPT BY THE RESPONDENT AGAINST THE LIFE OF
THE PETITIONER, A COMMON CHILD OR A CHILD OF THE
PETITIONER, OR ANY RELATIVE OF THE PETITIONER
WITHIN THE 2ND DEGREE OF CONSANGUINITY;

(18) OTHER ANALOGOUS BEHAVIORS INDICATIVE OF A
DEEPLY ROOTED PSYCHOLOGICAL DISORDER THAT


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EXISTED AT THE TIME OF MARRIAGE AND IS NOT LIKELY
TO CHANGE.”

SEC. 3. Amendment of Article 45. - Article 45 of the Family Code is hereby

amended to read as follows:

“Art. 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;


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(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) THAT EITHER PARTY ENTERED INTO THE MARRIAGE FOR
FRAUDULENT OR EXPLOITATIVE PURPOSES;

(8) THAT ONE OF THE SPOUSES, AFTER THE CELEBRATION OF
MARRIAGE, UNDERGOES GENDER REASSIGNMENT OR
SEX TRANSITION;

(9) FINAL JUDGMENT IN CRIMES INVOLVING MORAL
TURPITUDE, BIGAMY, ADULTERY, CONCUBINAGE, AND
OTHER HEINOUS CRIMES, EVEN IF PARDONED;

(10) THAT A CHANGE IN SEXUAL ORIENTATION OR
PREFERENCE RESULTED IN THE INABILITY OF THE
RESPONDENT TO CONSUMMATE THE MARRIAGE OR TO
FULFILL ESSENTIAL MARITAL OBLIGATIONS;

(11) REPEATED PSYCHOLOGICAL, EMOTIONAL, AND
ECONOMIC ABUSE, AND OTHER DOMESTIC AND
MARITAL ABUSE, AS MAY BE DEFINED BY SPECIAL
LAWS.

SEC. 5. Repeal of Title II of the Family Code. — Title I of Executive Order
No. 209, otherwise known as the Family Code of the Philippines, comprising Articles
55 to 67 and providing for legal separation, is hereby repealed. Legal separation as a
judicial remedy is hereby abolished.


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SEC. 6. Conforming Amendments. — Ail other provisions of the Family Code
and related laws that refer to legal separation as a remedy, basis for relief, or ground

for action, are hereby repealed or amended accordingly to conform with this Act.

SEC. 7. Expedited Resolution of Petitions. - The following procedural
mechanisms shall be implemented to expedite proceedings:

q@)

(2)

@)

(4)

(5)

(6)

@)

(8)

Family courts shall resolve all petitions within twelve (12) months
from pre-trial, unless extended by the Supreme Court for just
cause;

Summary proceedings shall apply in uncontested cases;

Mandatory mediation shall be conducted within thirty (30) days
from pre-trial;

Courts shall accept judicial affidavits and apply rules of evidence
liberally;

Expert testimony in Article 36 cases shall not be mandatory;

Indigent parties shall be exempt from filing fees;

Where no factual issues exist, courts may conduct a one-day
hearing;

Remote hearings and digital filing shall be permitted.

SEC. 8. Transitory Provision. — Pending cases for legal separation filed
before the effectivity of this Act shall proceed to finality and enforcement under the


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provisions of the Family Code prior to its amendment. No new petition for legal
‘separation shall be entertained upon the effectivity of this Act.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the appropriate bodies shall promulgate the necessary
implementing rules and regulations (IRR) to ensure the effective implementation of
this Act, including the streamlined procedures provided in Section 6.

SEC. 10. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the remaining provisions shall remain in full force and effect.

SEC. 11. Repealing Clause. - All laws, decrees, executive orders, and rules
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

APPROVED.