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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No._ 8705

Introduced by
HON. YEDDA MARIE K. 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, if 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 aiso 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 an¢ religions.


In fact, it is noteworthy that 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, vA earnestly sought.

J
Rep. YEDDA MARIE K. ROMUALDEZ
Representative, First District of Leyte


wWeEIaunewne

ooy
12
13
14
15

17
18
19
20
Al

22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, _ 3705,

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

AN ACT RECOGNIZING THE CIVIL EFFECTS OF GHURCH
DECLARATION OF NULLITY, ANNULMENT 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 Annulments Act of
2016".

Section 2.Whenever a marriage, duly and legally solemnized by a
priest, minister, imam, rabbi or presiding elder of an established church or
religion in the Philippines is subsequently annulled or dissolved in a final
judgment or decree by the said church or religion, in accordance with the
canons and precepts of the latter, the said declaration of nullity, annulment or
disgolution shall be recognized and given full force and effect in the

Philippines.

Section 3. The final judgment or decree of declaration of nullity,
annulment or dissolution referred to in the next-preceding section shall be
recognized and recorded in the appropriate civil registry, within thirty (30)
days from issuance of the said final judgment or decree of declaration of

nullity, annulment or dissolution.


Section 4. Once a final judgment or decree of declaration of nullity,
annulment or dissolution is obtained from an established church or religion
and duly recognized and recorded in the appropriate civil registry, thereupon
either of the spouses shall acquire the capacity to marry under Philippine law.

For purposes of securing a marriage license, the spouse involved must
present a certified true copy of the said final judgment or decree of declaration
of nullity, annulment or dissolution registered with the appropriate civil
registry.

Section 8. The full effects of the annulment of marriage provided for by
the Family Code of the Philippines shall apply after the final judgment or
decree of declaration of nullity, annulment or dissolution of a previous
marriage by an established church or religion has been registered with the
appropriate civil registry; Provided, when not detailed or specified in the said
final judgment or decree of declaration of nullity, annulment or dissolution, the
spouses may likewise submit for adjudication before the court the dissolution
of the conjugal partnership and division of assets among the spouses and
their children, the rights to receive support as well as custody of and visitation

to as well as the legitimate status of their children.

Section 6. All laws, decrees, executive orders, rules and regulations
or parts thereof inconsistent with or contrary to the provisions of this Act are

hereby repealed or modified accordingly

Section 7. If any part or provision of this Act is held unconstitutional or
invalid, other parts or provisions hereof which are not affected shall continue

to remain in full force and effect.

Section 8. 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