Bill humanizing PH laws on marriage nullity, legal separation pushed

By Zaldy De Layola, Philippine News Agency

The bill aims to simplify court procedures and to recognize church declarations of nullity with corresponding civil effects. (File Photo: House of Representatives of the Philippines/Facebook)

MANILA – Three lawmakers on Thursday urged their colleagues at the House of Representatives to act decisively for the passage of a measure seeking to modernize and humanize the country’s laws on marriage nullity and legal separation.

Tingog Party-list Reps. Jude Acidre and Yedda Marie Romualdez along with Cagayan de Oro 2nd District Rep. Rufus Rodriguez earlier filed House Bill (HB) 10970, also known as the “Declarations of Nullity of Marriage Reform Act,” which seeks to expand the grounds for nullity and legal separation.

The bill aims to simplify court procedures and to recognize church declarations of nullity with corresponding civil effects.

“Marriage is not just a mere contract; it is a profound institution recognized not only by our laws but by the very fabric of our society as the cornerstone of the family,” Acidre said.

“But let’s also acknowledge the reality: not all marriages work out the way they were intended. Some begin with the best intentions but unravel because of circumstances beyond anyone’s control. Others, sadly, are flawed from the very beginning, built on shaky foundations like deceit, immaturity, or fear,” he added.

Acidre also said HB 10970 introduces reforms to address gaps in the Family Code of the Philippines, particularly the limited grounds currently available for nullity and legal separation.

By recognizing additional causes such as psychological incapacity, lack of due discretion of judgment, and simulation of consent, the bill seeks to ensure that the legal framework reflects the realities faced by many Filipino couples, he added.

“Imagine a person being tricked into a marriage of convenience or one where their spouse excludes key elements of a real partnership. These situations erode the sanctity of marriage,” Acidre said.

HB 10970 addresses marriages entered into for public policy violations, such as those pursued to gain immigration benefits, secure inheritance, or conceal unplanned pregnancies.

By incorporating these expanded grounds, the proposed legislation bridges the gap between canonical and civil law, ensuring a more compassionate and equitable system for those in defective unions.

A significant provision of the bill is its recognition of church declarations of nullity, allowing these to carry civil effects.

“If a church can solemnize marriages, it should also have the authority—within well-defined parameters—to nullify them, with corresponding civil effects,” he said.

Acidre said this provision respects the role of faith-based communities while eliminating the need for redundant and costly civil proceedings, providing individuals with a more practical and dignified path forward.

The bill also aims to simplify the legal process by placing cases under the Rules on Summary Procedure, significantly reducing the time and cost involved. For cases with clear evidence, such as fraud or simulated consent, an expedited process will be implemented to ensure swift resolution.

“This isn’t just about legal efficiency. It’s about compassion. It’s about recognizing that the law should serve people, not the other way around,” Acidre said.

To prevent abuse of these expanded provisions, the bill includes strict safeguards requiring courts to confirm that the grounds invoked are manifest and supported by substantial evidence.

He said this ensures that the expanded grounds cannot be misused or applied frivolously, preserving the integrity of the institution of marriage.

Acidre clarified this initiative is not about introducing divorce but about safeguarding the sanctity of marriage by addressing unions built on fraud, coercion, or deceit.

“Yes, marriage is sacred, but that sanctity is lost when a union is based on fraud, deceit, or coercion,” he said. “When we allow these defective marriages to persist as legal fictions, we do a disservice to the very institution we seek to protect.”

“Let us work together to make this vision a reality—for the couples and families who are counting on us to act, and for a legal system that truly upholds the values of compassion and fairness,” Acidre said as he called on his colleagues to act with compassion and urgency on the bill.