SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session )
SENATE
s.No._ 1815

Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
RECOGNIZING THE ANNULMENT OF MARRIAGE BY A RELIGIOUS SECT BY
AMENDING ARTICLE 36 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS “THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

EXPLANATORY NOTE

With the process of annulment being both tedious and expensive, it has
become a privilege for the rich rather than the right of every Filipino citizen.

Acceptance fees alone cost at least 80,000 pesos, while pleading fees,
appearance fees and psychological fees can be even more expensive. Not to
mention, the cost for legal counsel.

Apart from the financial burden, seeking annulment is also a tiring,
cumbersome and time-consuming process.

Given this, the proposed measure aims to simplify annulment procedures by
recognizing an annulment of marriage by any church or religious sect upon order of
@ competent court.

Although not known by many, the Catholic Church introduced reforms in 2015
to streamline and hasten their annulment procedures. Pope Francis also stated that
the annulment procedure should be free.



Taking a cue from the Catholic Church and the Pope himself, the Philippines
must take steps to improve its laws on annulment, beginning with the recognition of
religious annulments.

While the sanctity of marriage should be respected, and a loving and healthy
family environment remains a priority, we must ensure that none of our laws

discriminate against our underprivileged countrymen.

Let us ensure that every Filipino has equal access to annulment procedures,
regardless of financial capacity.

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

Go~ Ove



SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) "18 MAY 22 P5335

SENATE
S.No. 1815. REE --

Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
RECOGNIZING THE ANNULMENT OF MARRIAGE BY A RELIGIOUS SECT BY
AMENDING ARTICLE 36 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS “THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

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

Section 1. Article 36 of Executive Order No. 209, otherwise known as “The
Family Code of the Philippines,” as amended by Republic Act No. 8533, is further
amended to read as follows:

“Article 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even if
such capacity becomes manifest only after its solemnization.
SUBSEQUENTLY, SHOULD THE MARRIAGE BE ANNULLED BY A
CHURCH OR RELIGIOUS SECT TO WHICH EITHER SPOUSE
BELONGED TO AT THE TIME OF MARRIAGE, SUCH ANNULMENT
SHALL BE RECOGNIZED UPON ORDER OF A COMPETENT
COURT.

THE COURTS SHALL NOT BE A TRIER OF FACTS AND WILL
DEFER TO THE APPRECIATION AND EVALUATION OF THE
CHURCH OR RELIGIOUS SECT OF THE EVIDENCE PRESENTED



Car nueon

ON THE ISSUE OF MARRIAGE. ONLY THE EXISTENCE OF
ANNULMENT LAWS OF THE CHURCH OR RELIGIOUS SECT AND
THE VALIDITY OF OBTAINING SUCH DECREE BY AN
AUTHORIZED CHURCH OR RELIGIOUS SECT SHALL BE PROVEN
IN COURTS IN ORDER FOR A RECOGNITION TO BE GRANTED.

IN ALL CASES OF ANNULMENT OR DECLARATION OF
ABSOLUTE NULLITY OF MARRIAGE, THE DECISION OF THE
REGIONAL TRIAL COURT SHALL BE FINAL UNLESS THERE IS
GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR
EXCESS OF JURISDICTION.”

Sec. 2. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the other provisions hereof which are not affected thereby shall
Continue to be in full force and effect.

Sec. 3. Repealing Clause. —Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or inconsistent with any provision of this Act is hereby repealed or modified
accordingly.

Sec. 4. Effectivity. —This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or a newspaper of general circulation.

Approved,