Last Tuesday night, January 23 the House of Representatives approved on second reading the House Bill 6779 or “An Act Recognizing the Civil Effects of Church Annulment Decrees.”
The bill will abolish the long and costly judicial process of marriage annulment here in the Philippines.
Read: 10 Common Question About Annulment or Nullity of Marriage
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The bill is good as approves because the third and final reading by the House is usually just a formality.
Read: Church Decree to Annul Marriages Will Be Recognized Under Philippine Law
Authors of the bill are Deputy Speaker Gwendolyn Garcia and First District Rep. Yedda Marie Romualdez of Leyte.
According to Romualdez, that under the bill marriage annulment duly approved by the Catholic Church or any other religious groups will have the same effect as a civil annulment.
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Read: Things You Need to Know About Conjugal Properties of Husband and Wife
The bill provides that 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 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.
Read: OFWs Are You Infavor of Marriage Dissolution Bill?
The measure provides that the status of children of marriages subject of the 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".
On the other hand, the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes shall be agreed 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.
The bill provides that 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 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.
Read: OFWs Are You Infavor of Marriage Dissolution Bill?
On the other hand, the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes shall be agreed 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.
Read: Fake Annulment Lawyer Who Deceives OFWs, Arrested in Entrapment Operations
Without prejudice to the conditions set forth by the church or religious sect, either of the former spouses may marry again after complying 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.
This article is filed under: Filipino Divorce Lawyer, Divorce In The Philippines, Annulment In The Philippines, Legal Separation In The Philippines, Annulment Lawyers Philippines
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