Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No., 2854 6

Introduced by Honorable PAULINO SALVADOR “DOY” C.LEACHON

EXPLANATORY NOTE

Marriage is sacred. No less than our constitution safeguards its
seemingly immaculate nature and its role as the foundation of the family.

However, there is an increasingly alarming rate of spousal abuse;
wherein one of the spouses commits acts of violence against the other and
worst, to the children they are supposed to take care of. The “gridlock”, “limited”
and sometimes “expensive” way to end a marriage doomed by violence betrays
the virtues of what a family should be in our society,

Trapped in a loveless and violent union, the victim spouse and their
children are forced to accept this situation. The family that supposed to nurture
them with all the essential values necessary to develop a productive citizenry is
now their death trap.

Adding a way to give scorned spouses and their children a way to end a
marriage from hell will give the victims of “violent” families a new lease on life
and can be their “light” at the end of the “dark tunnel.”

Giving the victim spouse and their children an additional and more
defined option to “freedom” can help them regain their self-worth and be better

citizens rather than suffer a lifetime of violence in any shapes and sizes.

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

First District, Orjental Mindoro


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ _ 2854

Introduced by Honorable PAULINO SALVADOR “DOY” C, LEACHON

AN ACT
PROVIDING FOR THE INCLUSION OF VIOLENCE AGAINST SPOUSES AND
THEIR CHILDREN AS A ADDITIONAL GROUND TO ANNUL MARRIAGE,
THEREBY AMENDING SECTION 45 OF
EXECUTIVE ORDER NO, 209, SERIES OF 1987
ENTITLED “THE FAMILY CODE OF THE PHILIPPINES.”

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

Section 1, Section 45 of Executive Order No 209, series of 1987
entitled “The Family Code of the Philippines” 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;

(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 afllicted with a
sexually-transmissible disease found to be
rious and appears to be incurable

(7) That either party committed violence
against the other spouse, their child or
the child of the victim spouse during the
marriage, be it physical, emotional,
financial and psychological in form. The
same must be proven by clear and
convincing evidence.

Section 2. Implementing Rules and Regulations. For purposes of the
implementation of this Act, the Secretaries of the Department of Justice and
Social Welfare and Development shall issue such rules and regulations as he
may deem necessary and appropriate Joint Department Orders,

Section 3. Repealing Clause - All other laws, decrees, orders,
issuances and rules and regulations or parts thereof inconsistent with this Act,
are hereby repealed or modified accordingly.

Section 4. Separability Clause .All other provisions of Executive Order
No, 209 not otherwise affected by the provisions of this Act shall remain in full
force and effect.

Section 5. Effectivity Clause - This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of general
circulation

Approved,