Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No, 7960

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT RECOGNIZING THE CIVIL EFFECTS OF ANNULMENT,
DECLARATION OF NULLITY, AND DISSOLUTION OF MARRIAGES BY CANON
LAW AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘The decision to end a martial relationship, in which the two persons invested
‘so much of their lives, their emotions as well as their dreams, could be one if not
the most painful and traumatic experiences a person could ever face. While the
State and the Catholic Church believe and teach the permanence of the marriage
bond and strives to promote stability of marriage, both also recognize that some
unions do not survive because they were lacking from the very beginning of some
essential ingredients without which there could not be a valid canonical marriage.

The current Family Code of the Philippines does not allow divorce for it
reflects the law of the Catholic Church or Canon Law. However, it provides recourse
for marriages that are irreparably destroyed through marriage annulment or the
declaration of marriage nullity. Unfortunately, the process and procedures of said

ious and expensive rendering it intimidating for the poor and

Given the above premise and pursuant to the Constitutional Principles on
Separation of Church and State and the principle of Benevolent Neutrality
Accommodation, this bill seeks to authorize the Catholic Church annulment of
marriage or declaration of nullity of marriage and recognize the civil effects of such
annulment or declaration of nulllity pronounced by the Church just in the same
way it recognizes the civil effects of marriages solemnized by the clergy in the
Church.

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



RELSSISIBURRLGY

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bit no. _7960_

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT RECOGNIZING THE CIVIL EFFECTS OF ANNULMENT,
DECLARATION OF NULLITY, AND DISSOLUTION OF MARRIAGES BY CANON
LAW AND FOR OTHER PURPOSES:

Beit 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 “Canon Law Annulment Act
of 2023”

SEC. 2. Declaration of Policy and Guiding Principles. While both the State and the
Church recognize the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution and uphold the inviolability of
marriage as a social institution, it is also the policy of the State and the Church to.
provide for remedies for the dissolution of an irreparably broken and dysfunctional
marriage that no longer serves as a primary source of support and security between
the couple and among their family members or that it no longer provides safe and
stable environments to nurture the growth and development of each family member.

SEC. 3. Guiding Principles. The following shall be the guiding principles of this Act:

a) Under the doctrine of benevolent neutrality accommodation, the State shall
recognize the power of the Catholic Church to declare the nullity of marriages.
‘The power to declare the nullity of marriages should not only be vested in the
courts of the State, but also in the ecclesiastical tribunals, without confusing
the separation of the two spheres.

b) The State shall assure that the proceedings for the grant of annulment of
marriage, the declaration of nullity and the dissolution of marriages shall be
inexpensive and expeditious.

c) The tribunals shall issue a decree recognizing the pronouncements of the
ecclesiastical tribunals on the of annulment of marriage, the declaration of
nullity and the dissolution of marriages and order the Register of Marriages
to record such pronouncements,



d) The decree of annulment of marriage, the declaration of nullity and the
dissolution of marriages shall have the same effects as provided in the New
Civil Code of the Philippines, the Family Code of the Philippines and existing
case laws.

SEC. 4. The Civil Law and the Canon Law. In recognition of the similarities of the
Civil law and the Canon law in terms of grounds for an invalid or voidable marriage
‘as well as the procedures and rules followed by both the Church and the judicial
courts, the annulment of marriage pronounced by the Church tribunal shall be
recognized to have complied with the demands of process as if it was done in a
47 judicial court.

BEEGKEESES

49 SEC. 5. Civil Effects of Church Annulment. When a marriage that was duly and
50 legally solemnized by a Catholic Church in the Philippines is subsequently
51 annulled, dissolved or declared null in a final judgement or decree in accordance
52. with the Canon Law, the said annulment, dissolution, or declaration of nullity shall
have the same effect as a decree of annulment, dissolution or declaration of nullity
issued by the competent court.

SEC 6. Grounds for Annulment of Marriage Under the Canon Law. When there is a
lack of an essential element that can be proven though competent and relevant
evidence in a Catholic Church Tribunal, the validity of marriage can be declared
null and void. Specifically, the following shall be grounds for the annulment of
marriage under the Canon Law:

a) Insufficient use of reason (Canon 1095, 10). Both the spouses or any one of
them did not know what was happening during the marriage ceremony
because of insanity, mental illness, or a lack of consciousness.

b) Grave lack of discretionary judgment concerning essential matrimonial rights
and duties (Canon 1095, 20). Both the spouses or any one of them was
affected by some serious circumstances or factors that made them unable to
judge or evaluate either the decision to marry or the ability to create a true
marital relationship.

©) Psychological incapacity to assume marital obligations (Canon 1095, 30).
Both the spouses or any one of them, at the time of consent, was unable to
fulfill the obligations of marriage because of a serious psychological disorder
or other condition.

4) Ignorance about the nature of marriage (Canon 1096, sec. 1). Both the
spouses or any one of them did not know that marriage is a permanent
relationship between a man and a woman ordered toward the procreation of
offspring by means of sexual cooperation.

¢) Error of person (Canon 1097, sec. 1). Both the spouses or any one of them
intended to marry a specific individual who was not the individual with whom
marriage was celebrated. (e.g mail order bride). |

SEC. 7. Evaluation of marriage. The Church Tribunal composed of competent
priests shall evaluate the marriage and make judgement on its validity based on
the norms of Canon Law and the facts of the particular case. Whenever necessary
the Church Tribunal may seek assistance of professional experts and lay people in
the conduct of evaluation of marriage.

SESRRESSASYBVRARPANAISHARHLSHASSSSARG LB

SEC. 8. Record in the Civil Registry. ‘The decree of annulment or declaration of |
nullity of marriage issued by the Church shall be recorded in the appropriate civil
registry within thirty (30) days from the issuance of the said final judgement or
decree of annulment or declaration of nullity.

3

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SEC. 9. Right to Remarry. Without prejudice to the conditions set forth by the
Church, either of the former spouses may marry again after complying with the
requirements of the preceding paragraph and Article 52 of the Family Code of the
Philippines; otherwise the subsequent marriage shall be null and void.

SEC. 10. Separability Clause. If any part or provision of this Act is held
unconstitutional or invalid, other parts or provisions hereof shall not be affected
and shall continue to remain in full force and effect.

SEC 11. Repealing Clause. All laws, decrees, executive orders, rules and
regulations or parts thereof that are inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly.

SEC 12. Effectivity. This Act shall take effect fifteen (15) days following completion
of its publication in the Official Gazette and in at least two (2) newspapers of
general circulation.

Approved,