Church Decreed Annulment Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session } JUL 15 P5:16 SENATE RECEIVED BY: Senate Bill No. 661 Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT RECOGNIZING THE CIVIL EFFECTS OF CHURCH DECREED ANNULMENT EXPLANATORY NOTE Under Section 2, Article XV of the 1987 Philippine Constitution, the State recognizes marriage as an inviolable social institution. As marriage is the foundation of the family, the State shall defend the right of spouses to found a family in accordance with their religious convictions. According to the 2020 Census of the Philippine Statistics Authority, seventy-eight percent (78%) of the household population in the Philippines is Roman Catholic while six percent (6%) are from the Muslim minority. In a predominantly Catholic or Christian Philippines, marriage is also a religious act. Although it is a religious act, marriage solemnized in the church is recognized by the State. Consequently, the State should also recognize the annulment of marriage granted by the church. Similar to this principle is the recognition the State gives to divorce under Islamic Laws through Presidential Decree No. 1083. Thus, there should also be State recognition of annulments granted by the Church or by any duly recognized religious denomination, consistent with the principle of equality before the law. Although divorce remains a contentious issue in the Catholic Church, annulment of marriage is allowed. However, the process is both inefficient and arduous depending on the nature of the case and the available evidence. As a result, the annulment process can take years to conclude. On September 8, 2015, Pope Francis released two motu proprio documents that were meant to make the annulment process more efficient. The date of effectivity for the documents is December 8, 2015. Given the strides taken by the Church to improve the efficiency of the annulment process and the State's principle of equality before the law, this bill proposes to recognize church annulments to have the same effect as an

In view of the foregoing, the immediate passage of this bill is earnestly sought. / . JUAN MIGUEL "MIGZ" F. ZUBIRI

wifer of the - TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 15 P5:16 SENATE RECEIVED BY: Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT RECOGNIZING THE CIVIL EFFECTS OF CHURCH DECREED ANNULMENT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. This Act shall be known as the "Church Decreed Annulment Act".

SEC. 2. Whenever a marriage, duly and legally solemnized by a priest, minister,

imam, rabbi or presiding elder of any church or religious sect in the Philippines is subsequently annulled or dissolved in a final judgment or decree in accordance with the 5 canons or precepts of the church or religious sect, the said annulment or dissolution 6 shall have the same effect as a decree of annulment or dissolution issued by a 7 competent court.

SEC. 3. The final judgment or decree of annulment or dissolution issued by the

9 proper church or religious sect shall be recorded in the appropriate civil registry within 10 thirty (30) days from issuance of said final judgment or decree of annulment or dissolution.

SEC. 4. Either of the former spouses may marry again after complying with the

requirements of the preceding paragraph and Article 52 of Executive Order No. 209 or the Family Code of the Philippines, otherwise, the subsequent marriage shall be null and void. In 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 of marriage registered with the appropriate civil registry.

SEC. 5. All laws, decrees, executive orders, rules and regulations or parts thereof

inconsistent with or contrary to the provisions of this Act are deemed amended, repealed or modified accordingly.

SEC. 6. 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 6 force and effect.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in any

newspaper of general circulation. Approved,