Senate settise of the Barmlate TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 31 P2:55 SENATE RECEIVED BY: 1778 S. No. _ Introduced by Senator PIA S. CAYETANO AN ACT RECOGNIZING THE CIVIL EFFECTS OF CHURCH ANNULMENT DECREE EXPLANATORY NOTE Executive Order No. 209, or the Family Code of the Philippines, recognizes marriages solemnized in accordance with religious rites, acknowledging that the right to marry is also an exercise of religious freedom. In keeping with this recognition, it is only equitable that when a marriage is annulled or declared void under the religious laws of a church or sect, the State should also recognize the civil effects of that annulment. In fact, there is already a precedent for the recognition of religious annulments in Philippine law. Presidential Decree No. 1083, or the "Code of Muslim Personal Laws", provides that marriages and divorces carried out in accordance with Shari'a law have civil effects and are recognized by the State. This proposed measure seeks to extend similar recognition to marriages annulled under the doctrines and internal rules of other religious denominations, thereby upholding the equal protection clause enshrined in the Constitution. This bill is inspired by the earlier measures filed by former Representative Gwendolyn Garcia and Yedda Marie Romualdez during the 17th Congress. The undersigned likewise filed similar measures in the 18th and 19th Congress, underscoring a continuing commitment to address the legal and practical challenges faced by couples whose marriages have been annulled by the church but remain valid under civil law.
This proposed legislation seeks to give full civil recognition to church-decreed annulments and to establish the corresponding legal effects on matters, such as the status of children, the liquidation and distribution of properties, and the delivery of the presumptive legitime of the children. By institutionalizing the civil recognition of church annulments, this measure affirms both the constitutional right to religious freedom and the need for legal clarity in the aftermath of a religiously annulled marriage. It aims to address the legal limbo faced by many Filipinos whose marriages have been annulled by their church but remain binding under civil law. In view of the foregoing, the approval of this bill is earnestly sought. Pra S. Cantano ar PIA S. CAYETANO
Senate Offier of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 31 P2:55 SENATE RECEIVED BY: 1778 S. No. - Introduced by Senator PIA S. CAYETANO AN ACT RECOGNIZING THE CIVIL EFFECTS OF CHURCH ANNULMENT DECREE Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Church Annulment
2 Recognition Act."
Sec. 2. Effect of Church Decree. - Whenever a marriage, duly and legally
solemnized by a priest, minister, rabbi, or presiding elder of any church or religious sect in the Philippines is subsequently annulled, dissolved, or declared a nullity in a final judgment or decree in accordance with the canons or precepts of the church or religious sect, the said annulment, dissolution or declaration of nullity shall have the same effect as a decree of annulment, dissolution, or declaration of nullity issued by a competent court.
Sec. 3. Status of Children. - The status of children of marriages subject to a
church annulment decree shall be determined in accordance with the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines". In case the ground for the church annulment decree is not similar to any of the grounds provided in the Family Code of the Philippines, their common children born or conceived before the issuance of the church annulment decree shall be agreed upon 16 by the spouses, and embodied in a public document. In case no agreement is met, 17 the provisions of the Family Code of the Philippines shall be in force.
Sec. 4. Property Relations, Custody and Support of Children, and Legitimes. -
2 The liquidation, partition, and distribution of the properties of the spouses, the custody 3 and support of the common children, and the delivery of their presumptive legitimes 4 shall be agreed upon by the spouses, and embodied in a public document. In case no agreement is met, the provisions of the Family Code of the Philippines shall be in force.
Sec. 5. Recording in Civil Registry. - The church annulment decree shall be
7 recorded in the appropriate civil registries together with the agreement of the spouses required in the preceding section within thirty (30) days from the issuance of the church annulment decree, subject to the conditions that may be imposed by the 10 church or religious sect.
Sec. 6. Subsequent Marriage. - Without prejudice to the conditions set forth
by the church or religious sect, either of the former spouses may marry again provided they comply with the requirements of the preceding paragraph and Article 52 of 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 church annulment decree registered with the appropriate civil registry.
Sec. 7. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 8. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.
Sec. 9. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or a newspaper of general circulation. Approved,