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

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7042

Introduced by Representative Ron P. Salo

EXPLANATORY NOTE

“That is why a man leaves his
father and mother and clings to his
wife, and the two of them become one
body.”— Genesis 2:24

Marriage as defined under the Family Code is a special contract of permanent
union between a man and a woman. From the government, the Church, and society's
perspective, marriage is the foundation of the family. As a predominantly Christian
country, marriage is considered as an inviolable social institution.

The validity of marriage depends on the presence of the essential and the
formal requisites. The essential requisites under Article 2 of the Family Code consist
of the (1) legal capacity of the contracting parties who must be male and female; and
(2) consent freely given in the presence of the solemnizing officer. On the other hand,
the formal requisites under Article 3 of the same Code, are (1) the authority of the
solemnizing officer; (2) a valid marriage license; and (3) a marriage ceremony which
takes place with the personal appearance of the contracting parties before the
solemnizing officer and their declaration that they take each other as husband and
wife in the presence of not less than two witnesses of legal age.

Thus, the presence of the contracting parties is required to comply with the
second essential requisite and the third formal requisite as enumerated above. The
essence therefore of the marriage ceremony is the personal appearance of the parties
before the solemnizing officer and their declaration that they freely and willingly take
each other as husband and wife.

The current Covid-19 pandemic has caused the postponement and cancellation
of many wedding ceremonies because of the prohibition on mass gatherings,
observance of physical distancing and the health risks posed to everyone, particularly
to the solemnizing officers who are oftentimes senior citizens. Anecdotally, many
couples opted to live together without the benefit of marriage.

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The Family Code took effect in 1988 or more than three decades ago when
analog means of communication is the prevalent norm and virtual presence is just a
pigment of imagination. Thus, its provisions may have already been overtaken by
advancements in technology.

Thus, it is now the opportune time to amend the essential and formal requisites
of a valid marriage as provided under the Family Code, particularly the requirement
that the contracting parties must physically give their consent before a solemnizing
officer. Thus, the legal meaning of presence or personal appearance must now be
liberally construed to include virtual presence or presence through videoconferencing,

In fact, videoconferencing is now the new norm in most government hearings
and meetings. Both Chambers of Congress - the Senate and the House of
Representatives — now conduct their sessions and committee hearings virtually.

Further, on June 25, 2019, the Supreme Court issued A.M. No. 19-05-05-SC or
the Proposed Guidelines on the Use of Videoconferencing Technology or the Remote
Appearance or Testimony of Certain Persons Deprived of Liberty in Jails and National
Penitentiaries. The Supreme Court also allowed the oath-taking ceremony of the 2019
bar examination passers via online videoconference.

Overseas, technology allowed couples to tie the knot online. As reported, these
were done in the Sates of New York and Colorado, among others.

It is respectfully proposed therefore that the term presence and personal
appearance be broadly construed to include virtual presence.

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

Gy

RON P. SALO
KABAYAN Party List

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

EIGHTEENTH CONGRESS
‘Second Regular Session

House Bill No.__ 7042

Introduced by Representative Ron P. Salo

AN ACT
AMENDING ARTICLES 2, 3, 6 AND 10 OF EXECUTIVE ORDER NO. 209, OR THE
FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Virtual Marriage
SEC. 2. Amendments. - Articles 2, 3, 6 and 10 of Executive Order No. 209, or
the Family Code of the Philippines, is hereby amended to read as follows:
“Art. 2. No marriage shalll be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female;
and
(2) Consent freely given in the presence of the solemnizing officer. PRESENCE
MAY EITHER BE PHYSICAL OR VIRTUAL. IF VIRTUAL, THE
CONTRACTING PARTIES MUST BE PHYSICALLY PRESENT
TOGETHER IN THE SAME LOCATION.
FOR THE PURPOSE OF THIS CODE, VIRTUAL REFERS TO THE USE
OF VIDEO, AUDIO, AND DATA TRANSMISSION DEVICES THAT
ALLOW PEOPLE FROM DIFFERENT PHYSICAL LOCATIONS TO
SIMULTANEOUSLY COMMUNICATE, SEE AND HEAR EACH OTHER.
Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this
Title; and

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(3) A marriage ceremony which takes place with the PHYSICAL OR VIRTUAL
appearance of the contracting parties before the solemnizing officer and their
personal declaration that they take each other as husband and wife in the
Presence of not less than two witnesses of legal age.

BY x x

Art. 6. No prescribed form or religious rite for the solemnization of the marriage
is required. It shall be necessary, however, for the contracting parties to appear
personally OR VIRTUALLY before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they take each other
as husband and wife. This declaration shall be contained in the marriage
certificate which shall be signed by the contracting parties and their witnesses
and attested by the solemnizing officer.

WHEN THE MARRIAGE WAS PERFORMED VIRTUALLY, THE
CERTIFICATE OF MARRIAGE MUST BE NOTARIZED PRIOR TO ITS
REGISTRATION WITH THE LOCAL CIVIL REGISTRAR TO ENSURE ITS
AUTHENTICITY AND DUE EXECUTION, AND TO PROPERLY ASCERTAIN
THE IDENTITY OF THE CONTRACTING PARTIES.

In case of a marriage in articulo mortis, when the Party at the point of death is
unable to sign the marriage certificate, it shall be sufficient for one of the
witnesses to the marriage to write the name of said party, which fact shall be
attested by the solemnizing officer.

x x x

Art. 10, Marriages, INCLUDING VIRTUAL, between Filipino citizens abroad
may be solemnized by a consul-general, consul or vice-consul of the Republic
of the Philippines. The issuance of the marriage license and the duties of the
local civil registrar and of the solemnizing officer with regard to the celebration
of marriage shall be performed by said consular officer, VIRTUAL
MARRIAGES BETWEEN FILIPINO CITIZENS ABROAD MAY ALSO BE
SOLEMNIZED BY THE OFFICERS ENUMERATED IN ART. 7, PARAGRAH
2 OF THIS CODE UNDER THE CONDITIONS SPECIFIED THEREIN. IN THIS
REGARD, THE MARRIAGE LICENSE SHALL BE ISSUED BY THE
PHILIPPINE CONSULATE, AND THE MARRIAGE CERTIFICATE SHALL BE
ACKNOWLEDGED BY THE CONTRACTING PARTIES AND REGISTERED
THEREAT.

SEC. 3. Separability Clause — If any provision or portion of this Act is declared
unconstitutional, the remainder of this Act or any provision not thereby affected shall
remain in full force and effect.

SEC. 4, Repealing Clause. — All laws, decrees, executive orders, ordinances,
rules, regulations, or other issuances, or parts thereof which are inconsistent with any
of the provisions of this Act are hereby repealed, amended, and/or modified
accordingly.

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SEC. 5. Implementing Rules and Regulations. — The Department of Justice
together with the Department of Information and Communications Technology, the
Department of the Interior and Local Government, and the Philippine Statistics
Authority, the Department of Foreign Affairs, in consultation with the various faiths,
including the Roman Catholic Church, major religious groups, and with the Supreme
Court concerning marriage solemnized by judges, shall issue the Implementing Rules
and Regulations (IRR) within sixty (60) days from the effectivity of this Act.

SEC. 6. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved.

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