FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Marriage is an institution protected by both the laws of God and of man. Section 12, 
Article I1 of the Philippine Constitution states, “The State recognizes the sanctity of life and shall 
protect and strengthen the family as a basic autonomous institution.” 
Today‘s culture sees marriages attacked an all fronts, threatening the well being of the 
Filipino family. The lack of preparedness in entering into a supposedly lifetime partnership 
contribute to the decline of this sacred institution. On the other hand, manifestations offailed or 
failing marriages include adultery and concubinage, physical abuse of spouse and children, 
physical separation, i?equent quarrels, among others. 
At present, the options available to married couples undergoing marital troubles are to 
file for legal separation, file for an annulment, or resort to Article 36 of the Family Code and 
claim one partner was psychologically incapable of entering marriage. 
Instead of facing these options as a means of last resort, this bill aims to provide for 
mandatory marriage counseling for all couples intending to marry. It seeks to educate couples on 
the rigors of marriage and their future marital obligations. It shall do this by amending the 
Family Code. At present, the Family Code only prescribes marriage counseling in cases where 
parental consent or parental advice is needed. But as it is said, “an ounce of prevention is worth 
more than a pound of cure.” 
This is a Senate counterpart bill to one filed in the House of Representative by Rep. 
Rozzano Rufino B. Biazon. 
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IRIAMDEF 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 16 OF EXECUTIVE ORDER NO. 209 AS AMENDED BY 
EXECUTIVE ORDER NO. 227, OTHERWISE KNOWN AS THE FAMILY CODE OF 
THE PHILIPPINES, MAKING IT MANDATORY FOR COUPLES TO UNDERGO 
COUNSELING PRIOR TO THE ISSUANCE OF A MARRIAGE LICENSE 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Mandatory Marriage 
Counseling Act of 2008.” 
SECTION 2. Declavation ofPolicy. - Section 12, Article I1 of the Constitution provides, 
“The State recognizes the sanctity of life and shall protect and strengthen the family as a basic 
autonomous institution.” 
SECTION 3. Article 16 of Executive Order No. 209 as amended by Executive Order No. 
227 is hereby amended to read as €allows: 
“Article 16. [In the case where parental consent or parental advice is 
needed, the party or 
parties concerned] PARTIES SEEKING THE ISSUANCE OF A MARRIAGE 
LICENSE shall, in addition to the requirements of the preceding articles, attach a 
certificate issued by a priest, imam or minister authorized to solemnize marriage 
under Article 7 of this Code or a marriage counselor duly accredited by the proper 
government agency to the effect that the contracting parties have undergone 
marriage counseling. Failure to attach said certificate of marriage counseling shall 
suspend the issuance of the marriage license for a period of three months. IN 
CASES UNDER ARTICLE 15 OF THIS CODE, SUSPENSION SHALL BE 
THREE MONTHS from the completion of the publication of the application. 
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Issuance of the marriage license within the prohibited period shall subject the 
issuing officer to administrative sanctions hut shall not affect the validity of the 
marriage. 
[Should only one of the contracting parties need parental consent or 
advice, the other party must he present at the counseling referred to in the 
preceding paragraph.]" 
SECTION 4.Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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