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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2768

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEQDORO

EXPLANATORY NOTE

Marriage is a sacred union between man and woman, founded on love,
protection and respect. It is a special contract given the highest regard universally that
even in the most modern society, dissolution of marital ties cannot be readily
demanded. In the Philippines, separation of husband and wife is generally frowned
upon, and viewed to be detrimental to the children's welfare and psychological make-
up

The 1987 Constitution, Article XV on the Family states that

Section 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.

Further, the Family Code, Article 1 thereof provides that “[MJmarriage is a special
contract of permanent union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that marriage settlements

may fix the property relations during the marriage within the limits provided by this
Code.”

Indeed, not only religion but more importantly the law that places utmost
importance on family and marriage bond

Recently however, there are initiatives from some groups, as well as, legislative
proposals that supports the introduction of divorce in the Philippines. The measure
claims to grant couples in failed marriages to have another option to remarry other than
that of annulment of marriage and declaration of nullity. Despite of its apparent worthy
objective, it still undermines the value of marriage by encouraging couples to put an end

to their relationship instead of allowing them to reconcile immediately or fix the same
over time.

Hence, this bill seeks to unceasingly protect the very foundation of the nation by
adhering to the policy that renounces divorce, and acknowledging the instances under
the law wherein dissolution of marriage may be done to include only that of Articles 35,
36, 37, 38 and 45 of Executive Order 292, otherwise known as the Family Code.

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

MARCELINO “MARCY” R. TEQDORO
Representative, 1° District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2768

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

AN ACT
PROVIDING FOR THE PROTECTION OF MARRIAGE AS AN INVIOLABLE SOCIAL
INSTITUTION AND THE FAMILY AS THE FOUNDATION OF THE NATION 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 and cited as the "Anti-
Divorce and Unlawful Dissolution of Marriage Act of 2010"

SECTION 2. Declaration of Principles. — The State recognizes the Flipino

family as the foundation of the nation. Consequently, it shall strengthen its solidarity and
actively promote its total development.

Further, the State recognizes marriage as an inviolable social institution, and the
foundation of the family, hence, shall be protected accordingly.

Likewise, the State shall defend the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development.

Pursuant thereto, the State shall guarantee that no legislation encouraging or
facilitating the dissolution of marriage, and recognizing divorce shall be passed.

SECTION 3. Objectives. -

a) This Act aims to strengthen family as the foundation of the nation by making

sure that marriage bond remains intact unless on grounds prescribed by existing law on
the matter;

b) This Act ensures that absolute divorce remains unacceptable in the Philippine
legal system, and maintains that legal separation can be availed of by spouses in
troubled marriage, as provided under the Family Code, so they live independently of
each other but without right to remarry other persons;

c) This Act sustains that decree of divorce obtained by a Filipino citizen abroad
shall not be valid in this country ;

d) This Act acknowledges that dissolution of marriage and legal separation,

notwithstanding provisions of the Family Code on the matter, remains strictly applied
except in certain situations; and

©) This Act provides penalty for acts or omissions prejudicial to the family and


marriage ties committed by the either or both spouses, as well as, other public
officers involved in a case.

SECTION 4. Prohibited Acts. - The following shall be prohibited under this Act:

a. Knowingly doing an act or omission at the time of marriage or prior thereto that
would give grounds for legal separation, annulment or declaration of nullity, e. g.,

failure to procure marriage license, seeking a solemnizing officer that has no
authority over the parties, etc.;

b. Connivance between the parties in the commission of the offense or act
constituting the ground for legal separation

c. Collusion between the parties to obtain a decree of legal separation and
annulment of marriage;

d. Trial of an action for legal separation before the lapsed of six months from
filing of petition;

e. Issue of decree of legal separation without the Court taking necessary steps

towards the reconciliation of spouses and without determining beforehand that
reconciliation is highly improbable;

f. Issue of decree of legal separation based merely on stipulation of facts or a
confession of judgment; and

g. Deliberate intent of any person and/or the prosecuting attorney assigned in a
case to induce collusion between the parties, as well as, encourage fabrication or
suppression of evidence.

SECTION 5. Penalties. - Any person, which includes the spouse(s), assisting or
prosecuting lawyer of the parties, and court judge violating the prohibited acts as
prescribed under this Act shall suffer the penalty of imprisonment ranging from one (1)
month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to

Fifty Thousand Pesos (P50,000.00), or both such fine and imprisonment at the
discretion of the court.

SECTION 6. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or parts thereof which are inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 7. Separability Clause. — \f any part of provision of this Act shall be

held unconstitutional or invalid, other provisions hereof which are not affected hereby
shall continue to be in full force and effect.

SECTION 8. Effectivity. This act shall take effect fifteen (15) days alter its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation

Approved,