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

EIGHTEENTH CONGRESS:
First Regular Session

1157

House Bill No.

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

The 1987 Constitution of the Philippines recognizes marriage to be the
foundation of the State. Furthermore, it mandates the State to protect marriage
as an inviolable social institution (cf. Article XV, Section 2). For the same
reason, it recognizes the sacrosanct and binding effect of marriages celebrated
by the Church, considering that the right to contract marriage in a religious right
is an element in the exercise of religious freedom. In fact, the dominant Catholic
population of our country, marriage is viewed as a sacrament and can be validly
contracted only under the approved rites of the Church. On the other hand,
persons married under the laws of the Church, must likewise be recognized as
married under the laws of the State. A marriage solemnized by the Church
therefore should have not only canonical but civil effects as well. Priests,
pastors, imams and rabbis who solemnize marriage must have the authority to
solemnize granted by the State. Therefore, it a marriage can be legitimately
contracted under the laws of the Church, then it follows that under the same
laws, such marriage can also be nullified or annulled.

Recently, significant reforms in the canonical procedure in marriage
nullity cases has been introduced in the Catholic Church by Pope Francis in the
document “Mitis ludex Dominus lesus” which streamlined many of the steps
involved in the nullity process such as the elimination of an automatic second
review by an appellate tribunal, concession to the diocesan bishops in granting
the annulment themselves in certain circumstances, such as spousal abuse or
when extramarital affairs has occurred and ensuring that the process should be
free except a minimal administrative cost. Same procedures are also available
in other religious denominations subject to their own rules and traditions.


The Family Code of the Philippines recognizes as valid a marriage
solemnized under the laws of the Church. If marriages so solemnized are
recognized by the State, it is only proper that the very church that solemnized
the marriage should also have the power to rule that attendant infirmity that
rendered a marriage null, and its effects binding on the State. This is also same
to all other established churches and religions.

In fact, it is noteworthy, Presidential Decree 1083 has incorporated
aspects of the Shari'ah as part of Philippine law, therefore, nullity as well as
divorce, according to the Qur'an have effects for the State as well. Under the
principle of equality before the law, if a Muslim divorce is recognized, there can
be no serious objections towards the recognition of the civil effects of a
marriage by an established and duly recognized religious denomination

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

Rep. YEDDA MARIE K. ROMUALDEZ
Representative, ¥ngog Sinirangan



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. ped TU,

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

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

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

Section 1. - This Act shall be known as the “Church Nullity Act of 2019”

Section 2. Whenever a marriage, duly and legally solemnized by a
priest, imam, rabbi or presiding elder of an established church or religion in the
Philippines is subsequently annulled, dissolved or declared a nullity in a final
judgment or decree in accordance with the canons and precepts of the church
or religious sect, 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 a competent court.


COVA KH ew

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Section 3. The status of children of marriages subject of a decree of
annulment or declaration of nullity by the church or religious sect shall be
determined in accordance with the provisions of Executive Order No. 209,
otherwise known as the “Family Code of the Philippines’. In case the grounds
for the church annulment or declaration of nullity is not similar to any of the
grounds provided in the Family Code of the Philippines, their common children
born or conceived before the issuance of the decree of annulment or
declaration of nullity shall be considered legitimate.

Section 4. The liquidation, partition and distribution of the properties of
the spouses, the custody and support of the common children, and the delivery
of their presumptive legitimes shall be agreed upon by the spouses and
‘embodied in a public document. In case no agreement is met, the provisions of
the Family Code of the Philippines shall be in force.

Section 5. The decree of annulment or declaration of nullity issued by
the church or religious sect shall be recorded in the appropriate civil registry,
together with the agreement of the spouses required in the preceding section
within thirty (30) days from issuance of the said final judgment or decree of
annulment or declaration of nullity, subject to the conditions that may be
imposed by the church or religious sect

Section 5. Without prejudice to the conditions set forth by the church or
religious sect, 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.

In securing a marriage license, the spouse involved must present a true
certified copy of the decree of annulment or declaration of nullity issued by the

church or religious sect and registered with the appropriate civil registry.


Section 7. If any part or provision of this Act is held unconstitutional or
invalid, other parts for provisions hereof which are not affected shall continue
to remain in full force and effect.

Section 8. All laws, decrees, executive orders, rules and regulations or
parts thereof inconsistent with or contrary to the provisions of this Act are

deemed amended, repealed or modified accordingly.

Section 9. 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.